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Articles 1 - 18 of 18
Full-Text Articles in Law
An Essay On Teaching Professional Responsibility, L. Ray Patterson
An Essay On Teaching Professional Responsibility, L. Ray Patterson
Northern Illinois University Law Review
There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …
Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris
Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris
Northern Illinois University Law Review
Proponents of mandatory pro bono argue that lawyers have an obligation to provide free services because, among other things, the practice of law is a profession. Proponents further argue that mandatory pro bono is justified because lawyers enjoy a "monopoly" of the legal system, and with that monopoly comes an obligation to provide public service. Additionally, they argue there is a strong tradition of providing public service suggesting continued commitment to pro bono service and an attorney has a moral obligation to see that those already handicapped do not suffer the cumulative disadvantage of being without proper legal representation. Opponents …
In Memoriam--Rodolphe Jean Alexander De Seife (1925 - 1998), Leroy Pernell, Daniel Reynolds, Antoine Vialard
In Memoriam--Rodolphe Jean Alexander De Seife (1925 - 1998), Leroy Pernell, Daniel Reynolds, Antoine Vialard
Northern Illinois University Law Review
No abstract provided.
Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.
Repeal Of Baseball's Longstanding Antitrust Exemption: Did Congress Strike Out Again?, Charles Allen Criswell Jr.
Northern Illinois University Law Review
In 1922, the Supreme Court of the United States ruled that baseball was not interstate commerce and was thus not subject to the restrictions of antitrust laws. Since that time, numerous courts refused to hear cases attacking baseball on antitrust grounds. Under the newly enacted Curt Flood Act of 1998, the practices of anyone involved in organized professional major league baseball that relate to the employment of major league baseball players are now subject to antitrust laws in the same manner as those involved in other professional sports businesses affecting interstate commerce. However, the bill makes no attempt to repeal …
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Northern Illinois University Law Review
The preparation of this Collection chanced to be stimulated by a current Illinois bar admission controversy which has reminded observers of my own bar admission controversy of the 1950s. My April 15, 1999 talk at Northern Illinois University, prompted by these reminders, has served as the point of departure in response to an invitation to bring together in this law review various (mostly previously unpublished) talks and papers of mine about lawyers and the law.
Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Northern Illinois University Law Review
At the close of the twentieth century, we are witnessing very significant changes in the litigation of civil disputes in our society. Much of the change has to do with a more expansive view by lawyers and judges of the means that may be employed for resolving civil disputes. Cases in litigation are increasingly being sent to mediation, arbitration, summary jury trial, early neutral evaluation, and other alternatives to adjudication. Lawyers are beginning to advise their clients of the availability of these options and are representing their clients in these alternative fora. Much has been said and written about these …
Vol.19, No. 2 Winter 1999: Table Of Contents, Northern Illinois University Law Review
Vol.19, No. 2 Winter 1999: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes
The Swift Rail Act: Will Sleepless Citizens Be Able To Quiet Train Whistles, And At What Cost?, Mark A. Gruenes
Northern Illinois University Law Review
Frustrated by the noise caused by train whistles, many Illinois municipalities have passed ordinances that ban trains from blowing their whistles at local crossings. Despite these local ordinances, however, railroads continue to instruct their engineers to sound whistles. Making matters worse for sleepless Illinois residents, the Federal Government entered the picture in 1994 when the Swift Rail Development Act of 1994 ("Swift Rail Act" or "Act") was made law. The Swift Rail Act directs the Secretary of Transportation ("Secretary") to promulgate regulations requiring trains to sound a "locomotive horn"' at all public highway-rail grade crossings. These regulations will preempt state …
Ethics 2000: What Might Have Been, Steven C. Krane
Ethics 2000: What Might Have Been, Steven C. Krane
Northern Illinois University Law Review
The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Northern Illinois University Law Review
Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Credit Or Debit? Unauthorized Use And Consumer Liability Under Federal Consumer Protection Legislation, Daniel M. Mroz
Northern Illinois University Law Review
Although debit cards may closely resemble credit cards in appearance, consumer liability for unauthorized use is not similar and the payment transaction initiated through use is very different. In response to the increasing use of debit card products, consumer protection issues concerning liability for unauthorized use have been raised, new legislation has been introduced to Congress and an extremely lucrative debit card market has prospered. Sections I through IV of this comment provide an overview of the federal Truth in Lending Act and of the federal Electronic Fund Transfer Act in relation to consumer liability issues concerning the use of …
The Wisconsin Bear Arms Amendment And The Case Against An Absolute Prohibition On Carrying Concealed Weapons, Christopher R. Mcfadden
The Wisconsin Bear Arms Amendment And The Case Against An Absolute Prohibition On Carrying Concealed Weapons, Christopher R. Mcfadden
Northern Illinois University Law Review
In November 1998, the voters of Wisconsin established a constitutional right to keep and bear arms. The Wisconsin Legislature framed and sent to the voters a broadly worded constitutional amendment that created an individual right to keep and bear arms for defense, security, hunting, recreation, or any other lawful purpose. It was designed to repeal and prevent the subsequent re-enactment of unreasonable prohibitions of that right, including the state's current sweeping prohibition of the liberty to carry concealed weapons at any time or place or in any manner. In light of this legislative history and voter understanding of the amendment, …
Preserving Farmland, Creating Farms, And Feeding Communities: Opportunities To Link Farmland Protection And Community Food Security, Neil D. Hamilton
Preserving Farmland, Creating Farms, And Feeding Communities: Opportunities To Link Farmland Protection And Community Food Security, Neil D. Hamilton
Northern Illinois University Law Review
This essay was prepared for the Northern Illinois University College of Law's eighth annual symposium on land use entitled Building Cooperation Across Communities. The essay initially identifies three premises, specifically, farmland preservation, the structural changes in farm organization, and the changes in society's relation to food and agriculture. The essay then goes on to consider how the goals and values involved in each of these three areas overlap, and the resulting policy issues and questions that arise from the interplay of these issues.
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
The Law School Compensation Systems At Three Top Quartile Law Schools: Factors Correlating With Law Professors' Salaries And Suggestions, Bruce D. Fisher, Paul Bowen
Northern Illinois University Law Review
This article is a study of the factors which may impact the salary levels of law professors. The authors employ various methods of statistical analysis to determine what association, if any, a variety of factors have to the level of a law professor's salary. These factors include the quality of the faculty, the amount of legal scholarship produced by professors, the seniority of faculty members and their gender. After examining the impact of these factors on the salaries of law professors, the authors then proceed to make several observations and recommendations for streamlining the salary levels of law professors.
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
Northern Illinois University Law Review
This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …
Vol. 19, No. 3, Summer 1999: Table Of Contents, Northern Illinois University Law Review
Vol. 19, No. 3, Summer 1999: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty
Executive Privilege Or Punishment? The Need To Define Legitimate Invocations And Conflict Resolution Techniques, Mark P. Doherty
Northern Illinois University Law Review
This comment describes justifications for the doctrine of executive privilege and then examines various arguments against its legitimacy and use. This comment then reflects on several historical invocations of the privilege and the ensuing public, political, and judicial reactions. Finally, the author suggests that Congress implement guidelines for legitimate invocations of the executive privilege and outlines an effective system to safeguard this constitutional executive prerogative.
Property Rights And Land Use Controls: Balancing Private And Public Interests, Mark W. Cordes
Property Rights And Land Use Controls: Balancing Private And Public Interests, Mark W. Cordes
Northern Illinois University Law Review
Among the many competing interests in the field of land use controls, there is perhaps none more fundamental than the potential conflict between the rights of private property owners and the rights of the more general public. Indeed, at bottom land use controls can be viewed as limitations on the rights of private property owners in order to advance broader social concerns. Thus, though it is important to give attention to the variety of interest group conflicts in the land use field, any serious effort at "building cooperation across communities" must pay particular attention to the relationship of private and …