Law Commons^™

Who Did In The Democrats?, Bruce Ledewitz

Ledewitz Papers

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

An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz

Ledewitz Papers

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

Discrimination In Jury Selection Via Peremptory Challenge: Many Are Called, But Few Are Chosen, Robert Paul Arnold

Northern Illinois University Law Review

An overview of the law regarding the exercise of peremptory challenges to eliminate minority group members from jury participation. The primary focus of the article is a discussion of the Swain v. Alabama test enunciated by the United States Supreme Court and its application and/or reformation by subsequent state court decisions.

Federal Courts And The Changing Role Of American Political Parties, Richard A. Brisbin Jr.

Northern Illinois University Law Review

Although the contention that American political parties have undergone fundamental changes in the past two decades has been intensely studied, one aspect of the transformation of parties has not received much attention. Since 1940 the legal role of parties as governmental institutions or their ad hoc constitutional status has been redirected by federal courts. This essay explores the nature of federal judicial interpretations of the role of parties in American governance. After an introduction to the function of parties in the governmental process, the demands for change in party status are described and the choices of judges in response to …

South-Central Timber Development, Inc. V. Wunnicke: The Dormant Commerce Clause Fells Alaska's Primary Manufacture Requirement For The Sale Of State-Owned Timber, Robert A. Larsen

Northern Illinois University Law Review

An analysis of the Supreme Court's opinion in South-Central Timber Development, Inc. v. Wunnicke including a general commerce clause discussion and potential implications as a result of the decision.

Expansion Of A Real Estate Broker's Duties: Is Easton V. Strassburger In Illinois' Future?, Kathryn J. Brown

Northern Illinois University Law Review

An examination of traditional causes of action available in Illinois for prospective purchasers of real estate against real estate brokers compared to a novel negligence standard applied to real estate brokers in California as adopted in Easton v. Strassburger.

Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness

Northern Illinois University Law Review

An examination of the decision in Roe v. Wade and the objectives underlying state protection of potential human life. This article examines the prevailing Illinois public policy and current Illinois law, as well as suggesting potential changes for total protection of potential human life.

Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber

Northern Illinois University Law Review

An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.

An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite

Dalhousie Law Journal

Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …

A Critique Of The Promise Model Of Contract, Wallace K. Lightsey

William & Mary Law Review

No abstract provided.

The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

William & Mary Law Review

No abstract provided.

Reputation, Compensation, And Proof, David A. Anderson

William & Mary Law Review

No abstract provided.

Constitutional Bases For A Right Of Access To Counsel At The Pre-Trial Stages Of Drunk Driving Prosecutions: A Study In Conflicting Rights, Russell G. Murphy

Northern Illinois University Law Review

A comprehensive examination of fifth, sixth, and fourteenth amendment bases for a right of access to legal counsel for persons charged with driving under the influence of alcohol who must decide whether to submit to the administration of a blood alcohol content analysis test.

Judge Versus Jury: Who Should Decide Questions Of Preliminary Facts Conditioning The Admissibility Of Scientific Evidence?, Edward J. Imwinkelried

William & Mary Law Review

No abstract provided.

Nlrb V. Bildisco & Bildisco: Rejection Of Collective Bargaining Agreements By Chapter 11 Debtors Receives High Court Approval, Robert E. Dooley

Northern Illinois University Law Review

A review of the litigation culminating in the NLRB v. Bildisco & Bildisco decision and its legislative impact.

The Role Of Ideology In Prisoners' Rights Adjudication: Habilitative Prison Conditions And The Eighth Amendment, James E. Robertson

Northern Illinois University Law Review

A discussion of the eighth amendment right to habilitative prison conditions, focusing on the Supreme Court's failure to recognize such a right in Rhodes v. Chapman.

Dirks V. Sec: Delineating The Scope Of Insider Trading Liability Under Rule 10b-5, Bruno G. Para

Northern Illinois University Law Review

A discussion of Dirks v. SEC, examining the circumstances under which a duty to disclose material nonpublic information will be imposed and to whom such a duty of disclosure is owed.

The Illinois Criminal Sexual Assault And Abuse Act, Roberta R. Hogan

Northern Illinois University Law Review

An examination of the changing criminal sexual conduct statutes, as exemplified by the newly enacted Illinois Criminal Sexual Assault and Abuse Act.

Scientific Evidence - An Introduction, Fredric I. Lederer

William & Mary Law Review

No abstract provided.

Jurisprudence Or "Juriscience"?, Howard T. Markey

William & Mary Law Review

No abstract provided.

Applying Lawyers' Expertise To Scientific Experts: Some Thoughts About Trial Court Analysis Of The Prejudicial Effects Of Admitting And Excluding Expert Scientific Testimony, James M. Doyle

William & Mary Law Review

No abstract provided.

Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley

William & Mary Law Review

No abstract provided.

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Faculty Publications

No abstract provided.

New Technology: A Catalyst For Crises In Collective Bargaining, Industrial Discipline And Labor Law, Stan Weir

Nova Law Review

Eighty-two San Francisco longshoremen, myself among them,

were fired from their jobs on the same day in 1963.

Communications Revolutions And Legal Revolutions: The New Media And The Future Of Law, M. Ethan Katsh

Nova Law Review

Our age is noteworthy for the development of television and computers,

media that transmit information over vast distances at electronic

speed.

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber

David J. Gerber

No abstract provided.

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

David J. Gerber

No abstract provided.