Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Moving Forward From The Scoop Era: Providing Active Efforts Under The Indian Child Welfare Act In Illinois, Cassandra Crandall
Moving Forward From The Scoop Era: Providing Active Efforts Under The Indian Child Welfare Act In Illinois, Cassandra Crandall
Northern Illinois University Law Review
This Comment argues that Illinois should adopt the view that active efforts are a higher standard than reasonable efforts and implement procedures encouraging state agencies and courts to implement these requirements. Following the Supreme Court's rationale in Mississippi Choctaw Band of Indians v. Holyfield, one of the only Supreme Court cases addressing the ICWA, this Comment argues that a uniform definition and application of "active efforts" should exist in every jurisdiction. Furthermore, this Comment emphasizes that "active efforts" require more than "reasonable efforts," and that these standards are different. Part I of this Comment reviews the history of the ICWA. …
Confidentiality And Client Communications In Illinois, Jeffrey A. Parness
Confidentiality And Client Communications In Illinois, Jeffrey A. Parness
College of Law Faculty Publications
Some 30 years ago, the Illinois Supreme Court, in In re Himmel, recognized that no discovery/evidentiary privilege would attach to nonconfidential attorney-client communications. Some communications would be nonconfidential if made in the presence of those who were not "agents" of either the attorney or client. As to the client in Himmel, neither the client's mother nor her fiancé were deemed the client's agents so that there was no privilege. But in so ruling, the court failed to clearly describe in detail the substantive circumstances of client agency or the procedures necessary for establishing such agency. And since then, …
Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh
Of Dangers, Conditions, Children, And Maturity: A Plea For A Comprehensible Standard In Long-Standing Rules, Maureen Straub Kordesh
Northern Illinois University Law Review
This Article explores the common law doctrine of attractive nuisance in Illinois and proposes a more detailed explication of the rule. The doctrine lies in the junction between tort and contract, which might account for the incompleteness of its presentation. It argues that because law students are a significant audience for case law, the language of such rules should be as detailed and clear as possible.
Grandparent Childcare In Illinois, Jeffrey A. Parness, Deven Tlanda
Grandparent Childcare In Illinois, Jeffrey A. Parness, Deven Tlanda
College of Law Faculty Publications
In 2002 in Wickham v. Byrne, the Illinois Supreme Court recognized that in "most cases, the relationship between a child and . . . grandparents is a nurturing, loving relationship that provides a vital connection to the family's history and roots." Yet, it also said that given the "fit parent's constitutionally protected liberty interest to direct the care, custody, and control of his or her children . . . parents - not judges -should . . . decide . . . with whom their children will associate." Thus, the "human conflict" between parents and grandparents was found to have "no …