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Full-Text Articles in Law
The Illinois Supreme Court Gives Policyholders A Break From The Two Front War, John S. Vishneski Iii
The Illinois Supreme Court Gives Policyholders A Break From The Two Front War, John S. Vishneski Iii
Northern Illinois University Law Review
For many years, Illinois policyholders faced the prospect of a two-front war whenever they submitted a liability insurance claim. Insurers who did not believe they owed coverage could "honor" their duty to defend by filing a lawsuit against their insureds seeking a declaration of non-coverage, thereby forcing their policyholders to defend against the underlying claim and against their own insurer. The Illinois Supreme Court, in the Midwest Sporting Goods case, has brought the two-front war era to an end. As explained in this article, insurers in doubt over coverage must now at least pay their policyholders' defense costs in the …
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Protecting The Most Vulnerable Victims: Prosecution Of Child Sex Offenses In Illinois Post Crawford V. Washington, Jennifer A. Lindt
Northern Illinois University Law Review
This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial statements by victims to protect them from re-victimization after testifying at trial. The ability to use a statutorily mandated hearsay exception has been in question and is directly linked to the definition of the term "testimonial. " The author provides a test to determine whether the out of court statements by pedophilia victims are "testimonial" to make this tool for protecting the victims still viable.
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka
Northern Illinois University Law Review
The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or that particularly impacts those cases; discussion of prior caps and the cases holding them unconstitutional; discussion of P.A. 89-7, which was held unconstitutional in the Best case; discussion of the 2005 legislation (P.A. 94-677) and whether it is constitutional; and finally, "where do we go from here," which includes my ideas for reform that build on the reforms already in place. An appendix includes …