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Full-Text Articles in Law
The Bible Annotated: Use Of The Bible In Reported American Decisions, J. Michael Medina
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.
Doe V. University Of Michigan, District Court Strikes Down University Policy Against Racial Harassment On Grounds Of Vagueness And Overbreadth, Timothy B. Zollinger
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
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
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
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
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.
Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival
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
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
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.
The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii
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
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
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
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
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
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.
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Northern Illinois University Law Review
This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.
Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger
Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger
Northern Illinois University Law Review
This note examines the Illinois Supreme Court case which decided whether a mother could be held liable to her child for negligent infliction of prenatal injuries. This case pitted the interests of a fetus in being born with a sound mind and body against a mother's right to personal autonomy. After weighing the merits of these competing claims, and assessing the implications of an opposite conclusion, the supreme court held that the rights of the mother were superior to the interests of her fetus. This note explores the soundness of the court's decision to reject maternal prenatal civil liability and …
Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe
Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe
Northern Illinois University Law Review
One type of response to the current AIDS crises has been to authorize mandatory testing of private individuals for HIV in certain circumstances that give rise to fear of transmission, such as a biting or spitting incident, even without reason to believe the attacker may be an AIDS carrier.
Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski
Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski
Northern Illinois University Law Review
This comment examines the existing practice of urinalysis drug testing of employees at will. The comment focuses on the large amount of discretion that private employers currently have, and the potential ramifications that abuse of this discretion can have on employees. A recommendation is made to enact uniform federal legislation and apply existing federal employer guidelines to private employers as well.
The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson
The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson
Northern Illinois University Law Review
Attorneys have long been allowed to advertise their services, with restrictions. With the extension of constitutional protection to commercial free speech, the professions were given access to marketing techniques which were formerly unknown. Once the toehold had been established, it was not long until commercial free speech was extended to attorney advertising.
Comment On Peterson And Selvin, Lea Brilmayer
Comment On Peterson And Selvin, Lea Brilmayer
Law and Contemporary Problems
A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.
From “Cases” To “Litigation”, Judith Resnik
From “Cases” To “Litigation”, Judith Resnik
Law and Contemporary Problems
Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler
Law and Contemporary Problems
It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.
Comment On Donohue, Danny Boggs
Comment On Donohue, Danny Boggs
Law and Contemporary Problems
A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
Medical Experts And The Ghost Of Galileo, Peter Huber
Medical Experts And The Ghost Of Galileo, Peter Huber
Law and Contemporary Problems
The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen
Dalhousie Law Journal
It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Dalhousie Law Journal
Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …