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Method Matters: Statutory Construction Principles And The Illinois Trade Secrets Act Preemption Puzzle In The Northern District Of Illinois, William Lynch Schaller
Method Matters: Statutory Construction Principles And The Illinois Trade Secrets Act Preemption Puzzle In The Northern District Of Illinois, William Lynch Schaller
Northern Illinois University Law Review
Appellate methodology makes a difference when it comes to the interplay between statutes and judge-made law. The Illinois Trade Secrets Act (ITSA) through its preemption provisions abolishes some non-statutory claims and preserves others, but the line between the two remains a mystery--a mystery of extraordinary importance to those with information not rising to the level of trade secrets. Illinois state and federal appellate decisions have not improved matters: for over 30 years these appeals courts have failed to follow standard statutory construction rules and have yet to articulate a rationale justifying their opinions for or against preemption. This flawed methodology …
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman
Northern Illinois University Law Review
This article addresses the continuing struggle of the federal courts to define the scope of the federal government’s foreign affairs power to preempt state law. Recently, the Ninth Circuit Court of Appeals did an about face in Movsesian v. Victoria Versicherung, which involved a claim that a California statute using the phrase “Armenian Genocide” is preempted by a few informal nonbinding statements of executive policy made to Congress objecting to the use of those words in Congressional resolutions. In Movsesian I, the Ninth Circuit found the California statute preempted in a decision that would have expanded the federal government’s foreign …
Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally
Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally
Northern Illinois University Law Review
An increasing number of jurisdictions have seized upon the reasoning in the United States Supreme Court's decision Hoffman Plastic Compounds, Inc. v. NLRB to deny undocumented immigrant plaintiffs recovery for lost future earnings at their projected earnings while living in the United States. However, a correct reading of Hoffman and understanding of its precedent reveals a narrow ruling confined to the field of federal labor law incapable of influencing the availability and distribution of damages in personal injury actions in Illinois state courts. Illinois common law currently grants undocumented plaintiffs the right to recover damages for amounts they would have …
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Northern Illinois University Law Review
This comment seeks to apply contemporary pre-emption jurisprudence to the area of federal purchasing specifications. The piece first lays the foundation of pre-emption, and more specifically discusses its inception and maturation, and then provides an analysis of how courts should apply these principles today. Next, the piece introduces federal purchasing specifications, specifically the specification governing the government's acquisition of ambulances. The comment argues that because the specification was written to provide federal uniformity to the ambulance manufacturing field, any state claim seeking to hold a manufacturer to a higher standard than that written into the specification should be pre-empted through …
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Between A Rock And A Hard Place In Illinois: Constitutional Responses To Adverse Waste Facility Siting Decisions, Tara Fetherling
Northern Illinois University Law Review
The author undertakes a critical review of the role of public participation in the Illinois waste facility siting statute, concluding that the statute, as currently written, interpreted and implemented supplies only one demonstrable criterion from which county boards make siting decisions--public opposition. Recognizing that appeals from local siting denials are seldom fruitful for waste management developers, the author explores two constitutional responses to the Illinois siting scheme. First the author provides statutory and regulatory bases for application of preemption doctrine and further demonstrates that a basis for preemption of the Illinois statute may be forthcoming as Congress recognizes waste capacity …