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Articles 1 - 30 of 35
Full-Text Articles in Law
Vol. 9, No. 1, 1988: Table Of Contents, Northern Illinois University Law Review
Vol. 9, No. 1, 1988: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams
Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams
Northern Illinois University Law Review
This Note examines the viability of allowing federal courts to consider the state's interest in public safety as a means of continuing the incarceration of a successful habeas corpus petitioner pending appeal. An analysis of Hilton v. Braunskill shows that the guidelines adopted by the Supreme Court to determine when continued incarceration is permissible fail to adequately balance competing state individual interests thereby denying liberty to persons whose state conviction has been rendered void.
An Independent Judiciary: Bulwark Of The Constitution, William H. Rehnquist
An Independent Judiciary: Bulwark Of The Constitution, William H. Rehnquist
Northern Illinois University Law Review
This Article is the text of a speech given by Chief Justice Rehnquist in celebration of the Bicentennial of the United States Constitution. The Article explores the history of the Constitution in light of the political environment of the time. Similar documents which existed in certain European countries at this time are compared and contrasted to the Constitution. The focal point of the comparison is an illumination of the importance of the Constitution's provision for an independent judiciary--the unique mechanism by which the rights of individuals are enforced.
Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda
Northern Illinois University Law Review
This Note examines two major Supreme Court cases addressing the conflict between federal and state law governing the use of the tender offer. Congress intended to protect the individual shareholder in making a decision whether to tender shares with voting rights, while balancing the legitimate interests of incumbent management and tender offerors. The Court upset this balance by upholding Indiana's Control Shares Acquisition Act as constitutional in the second of these two cases. This Note will highlight the inconsistencies between the cases, explain the present effect of both, and suggest an approach for states considering the adoption of takeover legislation.
If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan
If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan
Northern Illinois University Law Review
This Commentary suggests a solution to the problems with legal education which the author identifies. The author promotes patterning legal education on either the teaching method employed in the field of accounting or medicine. Each approach emphasizes a broader based legal education with more concentration on the practical learning experience. This Commentary culminates by offering a possible way to reform rather than replace the current system of training lawyers.
Live Free Or Die: Perceptions About Law Students, Irving E. Fasan
Live Free Or Die: Perceptions About Law Students, Irving E. Fasan
Northern Illinois University Law Review
This Commentary explores the differences in medical and legal education to highlight some of the problems with the current legal teaching method. Specifically, this Commentary examines how and why the systematic training of a lawyer is inferior to that of a doctor in several ways. The author generally questions the adequacy of the current legal teaching method and how it effects law students' perceptions of themselves. This Commentary identifies the problem while its companion piece offers a solution.
Religious Convictions And Political Choice By Kent Greenawalt, Todd D. Volker
Religious Convictions And Political Choice By Kent Greenawalt, Todd D. Volker
Northern Illinois University Law Review
This Book Review examines the most recent book by Professor Kent Greenawalt of Columbia University. The book itself, a discussion on the proper connection of religious beliefs to political decisions, is examined using the works of Rawls and Dworkin as philosophical benchmarks. According to Volker, Religious Convictions and Political Choice not only weathers its comparisons to the great works of Rawls and Dworkin, but has carved out a deserved place alongside them.
Rethinking Tison V. Arizona, Michael T. Barrett
Rethinking Tison V. Arizona, Michael T. Barrett
Northern Illinois University Law Review
This Note traces the numerous cases leading to the development of modern proportionality analysis pursuant to the eighth amendment's Cruel and Unusual Punishment Clause. An analysis of Tison v. Arizona follows, concluding the conduction of proportionality analysis in Tison was not only inconsistent with the generic analysis conducted in prior cases, but contrary to the underlying purpose of such analysis. This Note lastly explores the possible adverse consequences Tison has on death sentencing and the doctrine of stare decisis.
Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler
Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler
Northern Illinois University Law Review
Following a brief review of the costs that student vandalism imposes upon society, and the history of discipline in public education, this Article turns to a discussion of the part due process considerations must play in Illinois school officials' decisions to suspend or expel pupils. Despite both procedural and substantive guarantees for students, the power to decisively act against vandals threatening to impede the educational process remains broad. An appendix to the Article sets forth a proposed regulation to assist educators in dealing with student vandals.
The Sale-Of-Control Premium-Bribe: Recoupment In Advance: A Case Study, David Cowan Bayne
The Sale-Of-Control Premium-Bribe: Recoupment In Advance: A Case Study, David Cowan Bayne
Northern Illinois University Law Review
The illegal sale of corporate control has continued unabated over the decades. As early as 1969 Father Bayne uncovered an esoteric variant on the bald bribery into corporate control. This would be controleur, instead of using his own premium-bribe dollars, simply loots the target company treasury and uses the victim's cash to premium-bribe the incumbent out of office. This Article was written as Plaintiff's Brief in a state/federal litigation and is reproduced verbatim in its original format. This legal study should be valuable to client and counsel facing a sale of control or preparing for litigation, and to scholar and …
Foreword, Leonard P. Strickman
Foreword, Leonard P. Strickman
Northern Illinois University Law Review
No abstract provided.
Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller
Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller
Northern Illinois University Law Review
This Article discusses the problems which result from vesting the authority for making procedural rules governing the Illinois courts in both the General Assembly and the Illinois Supreme Court. After examining the constitutional history and applying policy rationales, the Article suggests that the constitution should give various types of primary authority for judicial rulemaking to the judiciary, with only secondary authority afforded to the legislature.
The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson
The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson
Northern Illinois University Law Review
The Education Article of the Illinois State Constitution, Article X, is one of the briefest in the document. Yet it deals with a subject which is of paramount importance to our society: the development of future generations of citizens--those who will be responsible for our democratic way of life, our culture in all its diversity, and the preservation and evolution of those values which underpin our society. This essay will devote its attention to Section 1, for statements of purpose and policy are often those most subject to ambiguity (deliberate or otherwise), to potential misinterpretation, and to the continued need …
A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg
A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg
Northern Illinois University Law Review
This Article addresses the authority of the Illinois Judicial Inquiry Board and the Illinois Courts Commission created by the 1970 Illinois Constitution. The Article focuses on the limitations placed on the authority of the Board and the Commission by the Illinois Supreme Court in the Harrod v. Illinois Courts Commission case, as well as the issue of who should be the final arbiter in matters concerning judicial discipline.
From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford
From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford
Northern Illinois University Law Review
This Article focuses on one of the paramount issues surrounding the 1970 Constitution. Illinois' current method of selecting judges by election is compared to selection by appointment. The Article analyzes the quality, accountability and independence of judges under both methods. While finding relatively little difference in quality or accountability under either system, the article concludes that greater judicial independence calls for a change to some form of appointive merit selection.
Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty
Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty
Northern Illinois University Law Review
This Article examines and assesses the use of the home rule powers which were granted to local governments by the 1970 Constitution. Focusing primarily on the power of taxation, the Article notes that the use of the home rule powers has been restrained and generally successful. The Article points to narrow judicial reactions, however, which may conflict with the apparent intent of the constitution's drafters to grant broad authority to local government under the home rule powers.
Introduction, Samuel W. Witwer
Introduction, Samuel W. Witwer
Northern Illinois University Law Review
No abstract provided.
Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine
Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine
Northern Illinois University Law Review
This Article considers the use of constitutional restraints on the state's power to tax and spend. The Article examines the effects of both traditional and specific limitations, and analyzes government growth rates, concluding that the traditional measures already in place in Illinois are adequate to control the size of state government without unduly restricting the state's ability to perform necessary governmental functions.
Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk
Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk
Northern Illinois University Law Review
This Article considers the controversy surrounding the governor's power of amendatory veto as provided in the 1970 Constitution, and whether this gives the governor too much power over pending legislation. The Article details the history and debate which led to the inclusion of this provision in the current constitutional document, explores the ways the amendatory veto has been used, and describes the ongoing battle between the legislature and the governor concerning its use. The Article concludes that procedural changes in the manner in which the power is used will result in a better balance between the two branches of government.
The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin
The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin
Northern Illinois University Law Review
No abstract provided.
The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin
The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin
Northern Illinois University Law Review
This Article provides an extensive overview of the 1970 Illinois Constitution dividing the document into ten topic areas. The Article explores the history, philosophy and politics which shaped the document, identifies most, if not all, of the important issues concerning the current Illinois Constitution, and analyzes its effectiveness in the years since its adoption in 1970.
The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk
The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk
Northern Illinois University Law Review
Adapted from remarks presented at the annual joint meeting of the Illinois State Bar Association and the Illinois Judges Association in October, 1987, this Article emphasizes the important role state constitutions can play as an adjunct to the United States Constitution in protecting individual rights.
Vol. 8, No. 3, Summer 1988: Table Of Contents, Northern Illinois University Law Review
Vol. 8, No. 3, Summer 1988: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco
Promissory Fraud In Illinois: What Is A Scheme To Defraud?, Raymond R. Nolasco
Northern Illinois University Law Review
This Comment explores the fraudulent scheme or device exception to the general rule in Illinois prohibiting a tort action for promissory fraud. The Comment advocates the adoption in Illinois of the "total facts test" set out in Zaborowski v. Hoffman Rosner Corp. which would allow for recovery of punative damages, but only when the "scheme" consists of more than a single misrepresentation.
The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm
The "Soft" Existing Legal Protection Of Software And The Preemption Of State Shrink-Wrap License Enforcement Acts, Michael W. Mihm
Northern Illinois University Law Review
This Note presents an overview of the existing legal means of protecting proprietary interests in computer software that are perceived as inadequate by the software industry. An analysis of Vault v. Quaid follows, and this Note concludes that current state-enacted shrink-wrap license enforcement acts that would supplement the existing legal means of protecting software from unauthorized copying are preempted by the federal Copyright Act, and thus software developers are left to rely on the remaining, albeit inadequate, means of protection.
The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte
The Dynamics Of State Protectionism: A Short Critique Of The Cts Decision, Thomas J. Bamonte
Northern Illinois University Law Review
This Article argues that while political forces make protectionist anti-takeover legislation "inevitable," the judiciary, prior to the CTS decision, had used the Commerce Clause and other theories to correct any imbalances by upholding the overriding national interest in the preservation of open national markets. The Article concludes that Congress should take affirmative steps to preempt protectionist state legislation, and in the interim, the CTS decision should be read narrowly.
In Defense Of State Takeover Laws, Theodore W. Grippo
In Defense Of State Takeover Laws, Theodore W. Grippo
Northern Illinois University Law Review
This Article argues that an economic efficiency model of corporate takeover fails to take into account a number of important, and oftentimes local concerns. The Article further argues that there are a number of deficiencies and inadequacies in the current federal legislation. These factors support the conclusion in this Article that state anti-takeover legislation has an important role in the area of corporate acquisition and its regulation.
Vol. 8, No. 2, 1988: Table Of Contents, Northern Illinois University Law Review
Vol. 8, No. 2, 1988: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
What Is Wrong With Takeover Legislation, George C. Hook
What Is Wrong With Takeover Legislation, George C. Hook
Northern Illinois University Law Review
This Article explores the different types of takeover legislation, both state and federal, and outlines the problems and difficulties of each type. The Article also takes a short look at the Model State Control Share Act and concludes that the Model Act does not accomplish what it set out to do.
Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer
Hostile Corporate Takeovers: History And Overview, Philip N. Hablutzel, David R. Selmer
Northern Illinois University Law Review
This Article covers the history of corporate anti-takeover from pre-Williams Act proxy fights, through the Williams Act changes, to first- and second-generation state anti-takeover legislation. The Article also describes and compares anti-takeover legislation with special emphasis on the Indiana statute and the new Delaware statute.