Law Commons^™

Race And The Core Curriculum In Legal Education, Fran Ansley

Scholarly Works

No abstract provided.

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

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

The Bible Annotated: Use Of The Bible In Reported American Decisions, J. Michael Medina

Northern Illinois University Law Review

This annotation is a collection of biblical citations in American court opinions where the court or judge directly cited a biblical passage. The author compiled these cases which utilize biblical authority from extensive searches conducted on Westlaw.

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

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

Doe V. University Of Michigan, District Court Strikes Down University Policy Against Racial Harassment On Grounds Of Vagueness And Overbreadth, Timothy B. Zollinger

Northern Illinois University Law Review

This note examines the United States District Court for the Eastern District of Michigan decision invalidating the University of Michigan's racial harassment policy. The issue facing the court was one of first impression and was whether a university may adopt a racial harassment policy designed to protect harassment and intimidation on the basis of race, without infringing upon an individuals' first amendment rights to free speech and expression. This Note examines the court's decision invalidating the policy and ultimately concludes that such decision was mandated by the University's enforcement of the policy.

Collective Bargaining Units In The Health Care Industry: The Nlrb And Rulemaking, Rhonda Ferrero-Patten

Northern Illinois University Law Review

This comment examines the newly promulgated rule by the National Labor Relations Board which states that there are eight presumptively appropriate bargaining units for the health care industry. The history of the National Labor Relations Act and the unique nature of the hospital setting are considered in the context of employee unionization. This comment explores the validity of the NLRB's rule and concludes that there is sound analytical foundation for the continuation of the units, and that each is appropriate in the context of the health care environment.

Judicial Enforcement Of The Right To An Equal Education In Illinois, Michael P. Seng, Michael Booden

Northern Illinois University Law Review

In Brown v. Board of Educ., the United States Supreme Court recognized that "education is perhaps the most important function of state and local governments." However, despite this declaration of policy, the Court has not played an affirmative role in assuring that all children have equal education opportunity, regardless of economic or social status. The rest of the federal government has been equally uninterested in enforcing the policy so clearly enunciated in Brown. Unfortunately, Illinois government has done no more than its federal counterpart to ensure that its citizens have equal educational opportunities. This article analyzes federal and Illinois case …

The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade

Northern Illinois University Law Review

Since the 1960's, courts have embraced rules imposing "strict liability" on manufacturers for defective products while eschewing traditional negligence rules. This shift has generated considerable scholarship. Much of this scholarship has utilized economic models to analyze legal rules in terms of their economic efficiency. This article, by partitioning the "accident event space," derives and focuses on an alternative set of economically efficient "robust rules" to the inappropriate and narrow "simple rules" derived by previous scholars. Through an examination of existing case law, this article demonstrates that these economically efficient "robust rules" more accurately explain courts' notion of strict liability and …

The Probative Weight Of The "Mainstreaming" Requirement Under The Eha, Linda S. Abrahamson

Northern Illinois University Law Review

This comment examines the case law which has developed around the "mainstreaming" provision of the EHA. It focuses on the fact that placement decisions made by school districts are nearly always upheld, regardless of the desires of parents or handicapped students. The author contends that this inequity does not properly respect the role of parents under the EHA, as advocates for their handicapped children. The author concludes by developing a factor test to determine the appropriate placement for a handicapped student when the degree of mainstreaming is the only issue before a reviewing court.

Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

Colloquium organizers, committee members and/or moderators included University of Colorado School of Law professors Daniel Magraw, James N. Corbridge, Jr. and Lawrence J. MacDonnell (Director, Natural Resources Law Center).

The United Nations International Law Commission has drafted new rules on the non-navigational uses of international watercourses. University of Colorado Law Professor Daniel Magraw has organized a colloquium to review these draft rules on October 18, 1991, sponsored jointly by the Panel on State Responsibility of the American Society of International Law, the University of Colorado School of Law, and the International Environmental Law Committee of the ABA's Section of International …

“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

18 pages.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

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

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

The Nova Lawyer, Fall 1991, Volume 5, Number 2, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Law and Contemporary Problems

The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

Duke Law Journal

No abstract provided.

Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder

Law and Contemporary Problems

The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

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

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.

The Battle Over The Rewrite Of Illinois' Telecommunications Law: Is More Reform Needed?, James M. Fink

Northern Illinois University Law Review

On May 15, 1992, the section of the Illinois Public Utilities Act dealing with telecommunications regulation expires. The Illinois General Assembly will either have to renew the current telecommunications law as is, or modify it. The imminent rewrite of the telecommunications law has created a great deal of controversy.

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur

Northern Illinois University Law Review

275 This article reviews the medical nature of AIDS and the effect AIDS has on the changing legal climate in the United States regarding privacy and confidentiality. The author details the uniqueness of AIDS and the problems and responses of the Federal Bureau of Prisons to this late 20th Century epidemic.

Aids In Jail, Howard Messing

Northern Illinois University Law Review

The first American institution forced to face the AIDS epidemic and which served as a testing ground for institutional responses to AIDS was the jail. The response of the jail systems and the case law surrounding these responses discussed in this article will be informative in shaping and reviewing the responses of other institutions to the AIDS crisis.