Law Commons^™

Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski

Northern Illinois University Law Review

A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.

A New Place Under The Sun: Prah V. Maretti And Common Law Solar Access Remedies, Theresa Barnes-Pirko

Northern Illinois University Law Review

An analysis of the changing status of common law remedies available for solar users, with particular emphasis in three areas: solar easements, watercourse law, and private nuisance. Possible legal theories for Illinois users are discussed.

Arbitration As A Means Of Protecting Employees From Unjust Dismissal: A Statutory Proposal, Marvin F. Hill Jr.

Northern Illinois University Law Review

An in-depth history of the common law at-will employment doctrine in America and the various statutory, case law and arbitral limitations placed on the at-will rule leads to the author's comprehensive statutory proposal to protect employees from unjust dismissal through an arbitration process.

Defining The Crime Of Excessive Self-Defense: Voluntary Manslaughter In Illinois, John A. Pirko

Northern Illinois University Law Review

The Illinois Criminal Code of 1961 added the concept of "excessive self defense" to the traditional "provoked, irresistible passion" concept considered in the offense of voluntary manslaughter. This comment briefly examines the traditional formulation, then explores why the second formulation was added, and how the courts have interpreted this new offense.

The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg

Northern Illinois University Law Review

A comprehensive, critical analysis of the proposed Bankruptcy Improvements Act and the changes it would create in the area of consumer bankruptcy by effectively eliminating the consumer's right to the traditional chapter 7 liquidation bankruptcy proceeding and by requiring mandatory chapter 13 wage earner plans.

The Taxation Of Reinvested Corporate Earnings, Richard L. Doernberg

William & Mary Law Review

No abstract provided.

The Tva Air Pollution Conflict: The Dynamics Of Public Law Advocacy, Dean Rivkin

Scholarly Works

No abstract provided.

The Precarious Constitutionality Of Rico Civil Remedies, Edward J. Rodgers Iii

Northern Illinois University Law Review

This Comment will analyze the differences between civil, quasi-criminal and criminal cases, and demonstrate that RICO civil remedies are civil (regulatory-compensatory) in nature, rather than criminal (penal), or quasi-criminal. In making this determination, this Comment will examine the legislative history of RICO and its relationship to antitrust precedent, and apply to RICO the tests currently used by the United States Supreme Court to determine borderlines between civil, quasi-criminal and criminal laws.

Educational Loans In Bankruptcy, Lawrence Kalevitch

Northern Illinois University Law Review

An analysis of judicial treatment of student loans in bankruptcy proceedings, with special emphasis on four particular problem areas.

Constitutional Chaos: Rodrock V. Security Industrial Bank / Thorp Finance Corporation V. Gifford, Richard L. Merrick

Northern Illinois University Law Review

An extensive analysis of the history of bankruptcy law in order to show that the Rodrock and Gifford decisions were incorrect in their analysis of "value" which exceeded time-honored constitutional and common law limitations.

Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan

Northern Illinois University Law Review

This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.

Non-Profit Musical Performance Societies And The 1976 Copyright Act: Selected Problems And Possible Solutions, Richard J. Siegel

Northern Illinois University Law Review

This comment will propose that a minimal right to arrange is conferred with the right to perform where there is either no arrangement available, or the available arrangements are not suitable for use by the given ensemble. The extent to which the director may copy and edit purchased music will be described. It will also be argued that profits from performance may be retained by the performing group and that no notice is required to be given to the copyright owner for such use. Finally, the practice of recording the group's performances will be explored, and it will be concluded …

Patentability Of Software Technology, John C. Moran, Mark E. James

Northern Illinois University Law Review

The purpose of this paper is to review the Supreme Court's holding in Diamond v. Diehr and analyze it in view of the Court's two earlier decisions. The holding in Diehr will then be contrasted with the CCPA's analysis of processes utilizing computers and a prediction is made as to the likely impact of the Diehr decision.

Report And Recommendations, Consumer Bankruptcy Subcommittee Of The Committee On Consumer Financial Services Of The American Bar Association

Northern Illinois University Law Review

The Subcommittee suggests that bankruptcy law can be made consistent with income-based consumer credit practices, stemming the-tide of bankruptcy losses.

The Lassiter Decision: Termination Of Parental Rights - New Standards For Right To Appointed Counsel, Deborah L. Ahlstrand

Northern Illinois University Law Review

This casenote will examine the historical development of the constitutional right to counsel. It will then analyze the Court's opinion in Lassiter in light of previous cases and look to the future impact of the decision.

The Potential For Post-Discharge Lien Survival: Problems Surrounding Sections 506(D) And 524(A) Of The Bankruptcy Code Of 1978, Andrew J. Schmid

Northern Illinois University Law Review

Because of the ambiguities surrounding the discharge injunction, the author suggests that section 506(d) should be recognized by the bankruptcy bar for its value in preventing attachment of inchoate liens, impairing the debtor's "fresh start."

English Carriers' Common-Law Right To Reject Undeclared Cargo: The Myth Of The Closed-Container Conundrum, John R. Pagan

William & Mary Law Review

No abstract provided.

The Commons Concept: An Historical Concept With Modern Relevance, Lynda L. Butler

William & Mary Law Review

No abstract provided.

The Rights Of Adolescents, Robert Batey

William & Mary Law Review

No abstract provided.

Law Based On Accepted Authority, Michael A. Payne

William & Mary Law Review

No abstract provided.

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Board of advisors, Table of contents, Editorial board, Publication information

Nuclear Weapons And Constitutional Law, Arthur S. Miller

Nova Law Review

The time has come for lawyers to confront the question of whether

nuclear weapons-their manufacture, deployment, and use-can be

justified under either constitutional or international law.

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Book Review, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson

Nova Law Review

Professor Miller concludes that "law and lawyers have something

useful to contribute to the growing debate about nuclear war." I agree

that lawyers can make a useful contribution. Whether the law can

make a contribution is quite another matter, on which I have serious

doubts.

Conspiracies To Obstruct Justice In The Federal Courts: Defining The Scope Of Section 1985(2), Janet A. Barbiere

Fordham Law Review

No abstract provided.

Book Review Of Psychology In Legal Contexts, By Lloyd Bostock, Michael L. Perlin

Other Publications

No abstract provided.