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Full-Text Articles in Law
Congressional Enforcement Of Affirmative Democracy Through Section 2 Of The Voting Rights Act, Michael J. Pitts
Congressional Enforcement Of Affirmative Democracy Through Section 2 Of The Voting Rights Act, Michael J. Pitts
Northern Illinois University Law Review
One might instinctively think, as suggested by several commentators, that section 2 of the Voting Rights Act, a race-based remedy imposed by Congress on state and local governments, has a good chance of being declared unconstitutional by the Supreme Court. This is because, in recent years, the Court has shown a general hostility to race-based remedies and to laws that impose federal requirements on state and local governments. The author, however, identifies three core values to demonstrate that section 2 remains clearly constitutional even in light of these trends. The first is that racial discrimination in voting is a context …
"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins
"Shaming" Probation Penalties And The Sexual Offender: A Dangerous Combination, Kenya A. Jenkins
Northern Illinois University Law Review
Sexual offenders are one of the larger problems in the criminal justice system today, particularly with regard to recidivism rates, which are extremely high among sexual offenders. Due to these problems, judges are increasingly imposing 'shaming' probation conditions. Shaming penalties include requiring sex offenders to put signs in their yards and bumper stickers on their cars identifying themselves as convicted sex offenders. This comment examines these shaming penalties in the context of the constitutional issues that they raise, and their effectiveness in rehabilitating the convicted offender and protecting the public. The comment concludes that shaming penalties are an inappropriate and …
Problems With The Adoption Of Proportionate Share Liability In Illinois Remediation Actions, Thomas Crowley
Problems With The Adoption Of Proportionate Share Liability In Illinois Remediation Actions, Thomas Crowley
Northern Illinois University Law Review
This comment argues that the Illinois Legislature's replacement of joint and several liability with proportionate share liability in environmental remediation actions was not carefully thought through. The author contends that the constitutionality of the system of proportionate share liability and the burdens of proof is highly questionable. Further, the piece advises that, given that the attempt to reform tort liability in the 1990s was not constitutional, the legislature should have carefully reconsidered the civil justice statutes related to environmental remediation actions. In the author's conclusion, the system of proportionate share liability should end with the same result as the attempt …
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Northern Illinois University Law Review
For years, a serious problem has faced an Illinois criminal defendant who challenged the constitutionality of the statute supporting his conviction for the first time on appeal. Two contradictory lines of Illinois Supreme Court authority came to opposite conclusions on whether the issue had been waived. This article examines the failure of the Illinois Supreme Court squarely to confront this issue.
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus
Northern Illinois University Law Review
In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.