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Articles 1 - 19 of 19
Full-Text Articles in Law
A Pleading Problem: Seventh Circuit Decision In Swanson V. Citibank Illustrates The Unstable State Of Federal Pleading Standards In The Post-Iqbal Era, Trisha Chokshi
Northern Illinois University Law Review
Historically, courts have been a place where individuals could obtain justice and relief for their grievances. Ordinary people have used courts to desegregate schools, protect the environment, punish corporate misconduct, and preserve fundamental liberties. Citizen access to federal courts, however, has become much more difficult in recent years in the wake of two Supreme Court decisions: Bell Atlantic Corp. v. Twombly in 2001 and Ashcroft v. Iqbal in 2009, which raised the pleading standard a plaintiff must satisfy before her case can go to court. In civil litigation, a pleading serves as an individual’s key to the courthouse door. The …
Vol. 32, No. 1, Fall 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 32, No. 1, Fall 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Northern Illinois University Law Review
Ask a non-lawyer what the purpose of the judicial system is, and a popular answer would surely be to determine what happened between the parties. However, every attorney knows that the adversarial process is not as straight-forward as that, as many interests must be juggled by the judge as well as by the attorneys in the case. One of the interests that should be protected is the need for a legal mechanism within which clients can freely discuss their problems with their attorneys. This need is largely satisfied by the attorney-client privilege, which necessarily acts as one of the great …
The Age Of Impunity: Using The Duty To Extradite Or Prosecute And Universal Jurisdiction To End Impunity For Acts Of Terrorism Once And For All, Sarah Mazzochi
The Age Of Impunity: Using The Duty To Extradite Or Prosecute And Universal Jurisdiction To End Impunity For Acts Of Terrorism Once And For All, Sarah Mazzochi
Northern Illinois University Law Review
Impunity remains one of the greatest challenges facing international peace and security today. This article seeks to lay out possible changes to current international law that are necessary to combat impunity, particularly regarding the international crime of terrorism. Part II will lay out what terrorism is and the obstacles the international community faces in achieving a singular definition for the word. Part II will also discuss the different approaches various conventions have taken in defining terrorism and will propose a concise definition the international community may want to adopt. Part II will end with calling for terrorism to be included …
Is It Time To Shed A "Tier" For Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate Hipaa's Anti-Discrimination Provisions And Statutory Goals, Joseph J. Hylak-Reinholtz, Jay R. Naftzger
Is It Time To Shed A "Tier" For Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate Hipaa's Anti-Discrimination Provisions And Statutory Goals, Joseph J. Hylak-Reinholtz, Jay R. Naftzger
Northern Illinois University Law Review
This Article will analyze whether specialty drug tiers violate HIPAA. This is a question of first impression—no federal or state court decision provides an answer. Part II of this Article provides relevant background material. We begin with a discussion about the development of prescription drug coverage in the United States and the emergence of drug tiers as a cost-saving mechanism. In Part III of this Article, we begin with an historical overview of accepted discrimination and risk classification within insurance. Next, we discuss HIPAA's statutory language, legislative history, and key parts of the Final Rule implementing the law. We also …
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Northern Illinois University Law Review
Religious freedom is a core component of our nation and one of the most widely known and accepted constitutional guarantees provided by the First Amendment. No prior civilization had adopted a national policy that tolerated various religious beliefs while simultaneously refusing to endorse or promote a national religion. Considering the fundamental backdrop of religious tolerance, it might seem unimaginable that a skilled medical technician could be fired from her job, an alleged victim of sexual abuse could have her credibility undermined in a court of law, or a mother could lose custody of her child, under the color of legality, …
Unnaturally Stubborn: Illinois' Reluctance In Krywin V. Chicago Transit Authority To Do Away With The Natural Accumulation Rule, And The Resulting Impact Upon The Duty Of Common Carriers, Theodore Richgels
Northern Illinois University Law Review
The Natural Accumulation Rule is a legal doctrine that has been interpreted and applied by the Illinois courts to mean that a landowner may escape liability for injuries to a third party on his or her land that occur as a result of a natural accumulation of rain, ice or snow. Another legal doctrine that is recognized in Illinois is the duty of common carriers (such as buses, airplanes, and commuter trains) to provide a safe place for their passengers to disembark or “alight” from the vehicle they are riding. These two legal doctrines came into conflict with one another …
The Eyes That Blind Us: The Overlooked Phenomenon Of Trafficking Into The Agricultural Sector, Shelley Cavalieri
The Eyes That Blind Us: The Overlooked Phenomenon Of Trafficking Into The Agricultural Sector, Shelley Cavalieri
Northern Illinois University Law Review
This article offers an analysis of American anti-trafficking legislation. It documents the level of American preoccupation with trafficking for sex work by using existing data from the Department of Justice to demonstrate just how current anti-trafficking efforts focus their attention on trafficking for sex work, to the detriment of trafficking into other labor sectors. The author offers a critique of this overemphasis, observing how the expectations of the individuals involved in enforcing anti-trafficking laws influence what kinds of cases they consider to be trafficking cases. The article also offers a few modest interventions that might help reallocate some of the …
Vol. 31, No. 3, Summer 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 31, No. 3, Summer 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Dead On Arrival: The Health Insurance Industry's Bleak Prognosis Due To Unconstitutional Ratemaking In The Patient Protection And Affordable Care Act, Rebecca J. Kopps
Dead On Arrival: The Health Insurance Industry's Bleak Prognosis Due To Unconstitutional Ratemaking In The Patient Protection And Affordable Care Act, Rebecca J. Kopps
Northern Illinois University Law Review
The public discussion surrounding health care reform thus far has centered around how the newly enacted law will affect consumers. Yet, the law most profoundly affects the health insurance industry, whose interests have largely been ignored. While the enactment of the Patient Protection and Affordable Care Act was viewed as a triumph for the Obama Administration, it casts a much darker shadow on the future of the health insurance industry that it regulates. Through provisions requiring minimum covered benefits, rate justifications, limits on selecting eligible enrollees, and most notably, an excessively high minimum medical loss ratio, this law involves substantial …
Lessons From The Road: Ecuador, Jamaica, And Other Efforts To Combat Trafficking In Persons In The Americas, Salvador A. Cicero-Dominguez
Lessons From The Road: Ecuador, Jamaica, And Other Efforts To Combat Trafficking In Persons In The Americas, Salvador A. Cicero-Dominguez
Northern Illinois University Law Review
This article identifies obstacles encountered in the hemisphere and provides practical examples in order to assist countries in adopting laws that are not only consistent with their international obligations, but more importantly help them better serve their citizenry. The article also explores the various ideas and lessons learned over the last five years throughout the hemisphere, drawing heavily from the author's experience in Ecuador and in the course of training throughout the American continent for consular, immigration, law enforcement officers, and United Nations' Peace Keeping forces. A brief comment is made of various laws adopted in the region, and analysis …
On Making Persons: Legal Constructions Of Personhood And Their Nexus With Human Trafficking, Karen E. Bravo
On Making Persons: Legal Constructions Of Personhood And Their Nexus With Human Trafficking, Karen E. Bravo
Northern Illinois University Law Review
This article identifies and analyzes the role of law in constructing personhood and the impact of such construction on human trafficking. Who is a “person”? Are all human beings “persons”? Are children, legal immigrants, undocumented migrants, ex-convicts, and/or individuals who have been trafficked “persons” or “quasipersons” under contemporary law? The concept and term “person” is ubiquitous in the legal literature – in statutes, constitutions, and treaties. It is deployed and manipulated by courts and legislatures to give and withhold rights to groups, entities, and individuals within societies. However, where legal recognition and protection of personhood is withheld, it creates vulnerability …
What Is The Monetary Value Of Slave Labor?: Restitution Based On A Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims, Benjamin Thomas Greer
What Is The Monetary Value Of Slave Labor?: Restitution Based On A Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims, Benjamin Thomas Greer
Northern Illinois University Law Review
Human trafficking is an abomination that decimates the lives of the trafficked, fracturing families, and is an act exploiting human labor as a renewable resource. Post-conviction proceedings primarily focus on the disposition of sentence and rehabilitation of the convicted. Restitution for the victim is too often marginalized, relegated to an afterthought. Prosecutors are often reluctant to vigorously pursue victim restitution, as they feel they have achieved their mandate of conviction, shifting their focus to their next case file. Without a nuanced and appropriately formulated monetary recovery for their damages, the victim fails to be made “whole.” With the recent resurgence …
A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, Caleb E. Mason, Scott M. Lesowitz
A Rational Post-Booker Proposal For Reform Of Federal Sentencing Enhancements For Prior Convictions, Caleb E. Mason, Scott M. Lesowitz
Northern Illinois University Law Review
In this article we propose a solution to one of the more vexing problems in current federal sentencing jurisprudence: classification of prior offenses for the purpose of applying sentencing enhancements in immigration cases. The current system is unduly difficult to apply and leads to poor sentencing outcomes. We urge the United States Sentencing Commission to conduct systematic empirical surveys of crime definitions and prosecution practice, on both the interstate and intrastate level. The Commission should use those surveys to determine which specific statutes of conviction should trigger the relevant enhancements, instead of forcing the courts to decide on a statute-by-statute …
A New Leader In The World Of Legalized Gambling: What The Illinois General Assembly Should Do To Protect Pathological Gamblers From The Rapidly Expanding Industry, Matthew J. Dowd
Northern Illinois University Law Review
This Comment addresses the increasingly recognized disorder of pathological gambling and the lack of consideration it receives from the Illinois General Assembly as gambling in Illinois continues its trend of rapid decriminalization. The Comment first analyzes the well-documented individual and communal problems that are associated with pathological gambling and then examines the historical movement toward dependence on gambling revenues in Illinois. A close examination of gambling legislation in Illinois, Indiana, and New Jersey, and the interpretation of that legislation within those respective courts, reveals that pathological gamblers receive very little statutory protection from the abusive and negligent conduct of casinos. …
The Law Of Education: Educational Rights And The Roles Of Virtues, Perfectionism, And Cultural Progress, R. George Wright
The Law Of Education: Educational Rights And The Roles Of Virtues, Perfectionism, And Cultural Progress, R. George Wright
Northern Illinois University Law Review
This article recognizes the importance of rights-talk in the law of education, but encourages supplementing that rights-talk with a focus on some basic and largely uncontroversial personal and civic virtues; as well as on perfectionism in the sense of self-realization; and finally on genuine cultural progress over time. Each of these areas of emphasis are argued to be compatible with sound understandings of broadly liberal values, including freedom and autonomy; equality; dignity; and community. To illustrate both the problems and the possibilities of this expanded legal focus throughout the law of education, this article then works through the example of …
Vol. 31, No. 2, Spring 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 31, No. 2, Spring 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Fairness At The Expense Of Commercial Certainty: The International Emergence Of Unconscionability And Illegality As Exceptions To The Independence Principle Of Letters Of Credit And Bank Guarantees, Roger J. Johns, Mark S. Blodgett
Fairness At The Expense Of Commercial Certainty: The International Emergence Of Unconscionability And Illegality As Exceptions To The Independence Principle Of Letters Of Credit And Bank Guarantees, Roger J. Johns, Mark S. Blodgett
Northern Illinois University Law Review
International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees manage this transaction risk by shifting it onto trusted independent third parties. The value of these instruments rests upon the reliability of performance by such third parties, and that depends, in part, on the degree of judicial reluctance to enjoin their performance. To the extent one party to an underlying transaction believes the other can control the third party through injunction, the value of the third …
Voluntary Dismissals And The Evolution Of Illinois' Rule Against Claim Splitting, Robert A. Cohen
Voluntary Dismissals And The Evolution Of Illinois' Rule Against Claim Splitting, Robert A. Cohen
Northern Illinois University Law Review
Under Illinois' rule against claim-splitting, a plaintiff is generally prohibited from maintaining separate and subsequent lawsuits where it raises different theories or different prayers for relief which arise out of the original cause of action. Recently, the rule has been applied harshly in multiple-count actions where a plaintiff has invoked a statutory voluntary dismissal after a partial adjudication. The Illinois Supreme Court has held that such litigation conduct amounts to claims-splitting but it adopted exceptions where the rule is relaxed. Unfortunately for practitioners, it appears that the court failed to adhere to its own test. Their resulting interpretation has led …