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Articles 1 - 24 of 24
Full-Text Articles in Law
Towards A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan Williams
Towards A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan Williams
Northern Illinois University Law Review
This article traces the separation of the work and family spheres, arising in the nineteenth century, and how this separation into traditionally male and female areas has affected women's "choice" to stay home and rear children, or to participate in the workforce. This article explains how women often fail to achieve the ideal-worker norm because of the demands on their time created by childrearing. The author ends by discussing the shortcomings of the classic strategy feminists have proposed to change domesticity's ordering of family and market work and suggests a new paradigm, called "reconstructive feminism," which eliminates the ideal-worker norm …
Symposium: Work And Family Introduction, Lorraine Schmall
Symposium: Work And Family Introduction, Lorraine Schmall
Northern Illinois University Law Review
Work and family problems seem as numerous, and as difficult to deal with as our children. Invidious discrimination, inadequate laws, intra-family dissension all contribute to our woes. But the dialogue has begun, and problem-solving cannot be too far behind.
Fathers And Parental Leave Revisited, Martin H. Malin
Fathers And Parental Leave Revisited, Martin H. Malin
Northern Illinois University Law Review
This article continues the author's work on parental leave and fathers' involvement with their children in light of several years under the Family and Medical Leave Act. It discusses why paternal involvement is important to children, fathers and mothers. It also explores the link between fathers' taking parental leave and their later involvement in the lives of their children. It focuses on two barriers to paternal use of parental leave: economics and workplace hostility. It examines developments under collective bargaining agreements, unemployment compensation laws and the FMLA. It finds that evolving arbitral interpretations of collective bargaining agreements and judicial interpretations …
Free Exercise In Illinois: Does The State Constitution Envision Constitutionally Compelled Religious Exemptions?, Glen V. Salyer
Free Exercise In Illinois: Does The State Constitution Envision Constitutionally Compelled Religious Exemptions?, Glen V. Salyer
Northern Illinois University Law Review
The author contends that the Illinois Constitution's Religious Freedom Section compels religious exemptions to some generally applicable state laws and argues that the Illinois Supreme Court should revive the section for use in its free exercise jurisprudence.
Neonaticide: Less Than Murder?, James J. Dvorak
Neonaticide: Less Than Murder?, James J. Dvorak
Northern Illinois University Law Review
This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.
Vol. 19, No. 1 Fall 1998: Table Of Contents, Northern Illinois University Law Review
Vol. 19, No. 1 Fall 1998: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Women, Work And Family: Recent Economic Trends, Manuelita Ureta
Women, Work And Family: Recent Economic Trends, Manuelita Ureta
Northern Illinois University Law Review
This article presents an overview of recent economic trends in the labor force behavior of men and women. The author focuses on the factors that play a role in a woman's decision to join the work force and presents data to illustrate the current labor situation. The author concludes that government mandated minimum wages and benefits are detrimental, rather than beneficial, to low-skilled workers.
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Bennet V. Spear: Lions, Tigers And Bears Beware; The Decline Of Environmental Protection, Preeti S. Chaudhari
Northern Illinois University Law Review
The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.
Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito
Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito
Northern Illinois University Law Review
The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason
Northern Illinois University Law Review
Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …
Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney
Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney
Northern Illinois University Law Review
This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered at baseball games is specifically analyzed. The author asserts that the current legislation should be stricken from Illinois law, and proposes changes in the law that would lead to more equitable outcomes in cases involving foul balls.
Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan
Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan
Northern Illinois University Law Review
This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first federal district court opinion upholding HTA contracts as forward contracts, exempt from the Commodity Exchange Act ("CEA") and regulation by the Commodity Futures Trading Commission ("CFTC"). The article also examines the CFTC's approach to regulating HTA contracts in its administrative forum. The CFTC has taken the position that HTA contracts marketed to the general public are illegal futures contracts. A CFTC Administrative Law Judge recently took the position that HTA contracts are not …
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto
Northern Illinois University Law Review
The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.
Symposium Luncheon Address, Claire A. Manning
Symposium Luncheon Address, Claire A. Manning
Northern Illinois University Law Review
Overview of the role and function of the Illinois Pollution Control Board in citizen enforcement and other actions, and the Board's role in recent environmental achievements.
Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson
Throwing Like A Girl: Constitutional Implications Of Title Ix Regarding Gender Discrimination In High School Athletic Programs, Tracy J. Johnson
Northern Illinois University Law Review
This comment examines various approaches to dealing with sexual discrimination in high school sports. The decisions reveal that equal protection under the law is violated if the classification between males and females in connection with team sports is based on stereotypic notions or assumptions. The author suggests that rules which automatically exclude all females from competing with the males for a place on a team violate equal protection and impair the important governmental objective of providing full and equal opportunity to educational programs and activities. Finally, this comment stresses that in order to provide meaningful athletic opportunities to young women, …
Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review
Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
The Evolving Fiduciary Duty Solution For Shareholders Caught In A Closely Held Corporation Trap, James M. Van Vliet Jr., Mark D. Snider
The Evolving Fiduciary Duty Solution For Shareholders Caught In A Closely Held Corporation Trap, James M. Van Vliet Jr., Mark D. Snider
Northern Illinois University Law Review
The purpose of this article is to review the development of the fiduciary duty owed in closely-held corporations. The judicially developed rule expands the ability of the courts to provide relief for shareholders who lack the voting power to force a change and has neither a statutory nor contractual right to relief. The authors identify the theoretical basis, general scope and content of the rule, as well as some other issues that still need to be decided in the course of the further development of the rule.
Vol. 18, No. 2, Spring 1998: Table Of Contents, Northern Illinois University Law Review
Vol. 18, No. 2, Spring 1998: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
Northern Illinois University Law Review
This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …
Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams
Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams
Northern Illinois University Law Review
This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.
No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson
No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson
Northern Illinois University Law Review
This comment examines the progression of involuntary civil commitment statutes for repeat sex offenders beginning in the 1930's and moving into the 1990's in terms of statutory changes and improvements. This comment also illustrates why these involuntary commitment statutes are the best solution to curb sexual predation with an eye towards the ultimate protection of the public. Finally, this comment stresses the need for a uniform act designed to incorporate those aspects of the currently existing sex predator statutes which best protect the community from repeat sex offenders.
Nozick: A Utilitarian Reformulation, Mark S. Stein
Nozick: A Utilitarian Reformulation, Mark S. Stein
Northern Illinois University Law Review
This essay discusses the means by which Nozick implicitly denies the conclusion that redistribution increases aggregate well-being. The author attempts to show how Nozick exaggerates the burden that redistribution places on the rich. Moreover, an attempt is made to show Nozick minimizes the needs of the poor, and further minimizes the suffering his system could cause. Finally, the author compares Nozick's implicit utilitarian arguments against redistribution with Jeremy Bentham's explicit reservations about redistribution.
Publish Or Perish: Judging An Article By Its Cover Revisited, Leonard B. Mandell
Publish Or Perish: Judging An Article By Its Cover Revisited, Leonard B. Mandell
Northern Illinois University Law Review
This piece revisits the often amusing art of choosing a title for a law review article. Several examples are provided to demonstrate the gaps in creating the essence of a good title. The article's stance is that you stand a better chance of being accepted for publication if you take amusing twists to your title.
Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl
Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl
Northern Illinois University Law Review
This comment examines health maintenance organizations (HMOs) and other managed care entities and the defenses used to escape liability in medical malpractice suits. Texas became the first State to pass legislation that would put an end to one such defense and place liability on HMOs. The author suggests that such State legislation is not enough to hold HMOs liable and recommends that Congress rethink the federal statutes that still protect HMOs from liability.