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Full-Text Articles in Law
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock
Northern Illinois University Law Review
This comment addresses the applicability of the doctrine of equitable estoppel to products liability statutes of repose. The comment specifically focuses upon the situation where the injury caused by the defective product occurs after the repose period has ended and it is alleged that the manufacturer concealed from the customer its knowledge of the defect. The author concludes that the principles of equitable estoppel should be applied to bar the manufacturer from asserting the statute of repose as a defense where the manufacturer intentionally withheld its knowledge of the unreasonably dangerous defects of its product from the consumer.
Providing Creative Remedies To Bystander Emotional Distress Victims: A Feminist Perspective, Deborah K. Hepler
Providing Creative Remedies To Bystander Emotional Distress Victims: A Feminist Perspective, Deborah K. Hepler
Northern Illinois University Law Review
This article discusses the tort of bystander emotional distress from a feminist perspective. The Article concentrates on emotional distress which flows from witnessing the physical injury or death of a loved one. The article begins with an examination of the difficulties courts have in dealing with such cases. It proceeds to a discussion regarding Stanley Ingber's theory for dealing with such harms. Finally, the article argues for a more creative approach to a resolution of emotional distress claims in order to expose the underlying biases that are inherent in emotional distress claims, and concludes that a more flexible approach would …
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh
Northern Illinois University Law Review
Courts have been unable to develop a consistent body of precedent as to the point at which a CERCLA claim arises under the Bankruptcy Code due to the competing policy interests involved. This comment analyzes the current approaches employed by the courts and concludes that the current approaches are inadequate to provide a compromise between the policy objectives of both CERCLA and the Bankruptcy Code. This comment proposes a judicial actual notice standard in conjunction with legislative action to enact an environmental liability exception to the dischargeability provisions of the Bankruptcy Code.
Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam
Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam
Northern Illinois University Law Review
This article addresses the need for change in a seniority-based political system which fosters and is dominated by self-serving career politicians who rarely appear to serve the public interest. Campaign finance reforms and other remedial approaches show no signs of abating this situation. Term limitations, however, offer a reasonable check on the evil inherent in prolonged legislative power. Even though the constitutionality of state-enacted limitations on federal legislators is debatable, state enacted limitations on state legislative terms are constitutional. The "limited" popular constitutional initiative provided for in the 1970 Illinois Constitution--and the Illinois Supreme Court decisions interpreting that provision--appear to …
Characterization And Assignment Of Corporate And Shareholder Income, Daniel M. Schneider
Characterization And Assignment Of Corporate And Shareholder Income, Daniel M. Schneider
Northern Illinois University Law Review
A fertile group for the development of differentials arises in dividend distributions made by corporations to their shareholders. Professor Schneider analyzes the way in which differentials in dividend income have been exploited: whose income it is; is it ordinary income or capital gain; and has a dividend been disguised as proceeds from the sale of stock, or a sales proceed as a dividend (the Waterman Steamship problem). He concludes that differentials between various types of statutes--who is the taxpayer, at what rate is the income taxed--inevitably leads to taxpayers trying to meet favorable characterizations and to avoid negative characterizations. The …
The Untimely Demise Of The Involuntary Confession Material Witness Rule In Illinois, Stephanie Rae Williams
The Untimely Demise Of The Involuntary Confession Material Witness Rule In Illinois, Stephanie Rae Williams
Northern Illinois University Law Review
This article examines the recent elimination of the material witness rule, which governed the admissibility of confessions in criminal cases. The article first traces the evolution and Fifth Amendment background of the rule. Next, the article discusses the rash action taken by the Illinois Supreme Court when it rejected the rule. Finally, the article concludes by showing that the rule was a necessary Fifth Amendment protection and has been reasonably applied.
United States V. Nixon, Twenty Years After: The Good, The Bad And The Ugly--An Exploration Of Executive Privilege, K. A. Mcneely-Johnson
United States V. Nixon, Twenty Years After: The Good, The Bad And The Ugly--An Exploration Of Executive Privilege, K. A. Mcneely-Johnson
Northern Illinois University Law Review
The following article attempts to conceptualize United States v. Nixon and the strengthened doctrine of Executive Privilege it beget. This is accomplished through the examination of Executive Privilege's historic roots, the events surrounding the Nixon case, the hallmark ruling itself, the shadowy impact upon subsequent administrations, and the tension of secrecy and accountability necessitated by the doctrine. Finally, it concludes with alternatives that would minimize the dangerous potential that exists under the current permutation of the doctrine.
Park Districts Coping With Environmental Liability And Environmental Responsibility In The Nineties, Catherine Nichols
Park Districts Coping With Environmental Liability And Environmental Responsibility In The Nineties, Catherine Nichols
Northern Illinois University Law Review
This article examines the special concerns that park districts must cope with as environmental enforcement efforts have been broadened to include local governmental bodies. The author analyzes the impact of environmental regulations on park districts and concludes that park districts need to strictly enforce risk management programs to minimize environmental response costs.
Benefits To Industry Of Planning For Regulatory Compliance, Fredric P. Andes
Benefits To Industry Of Planning For Regulatory Compliance, Fredric P. Andes
Northern Illinois University Law Review
This article discusses the benefits that are to be gained by industry when it takes a planning approach to environmental compliance. The article advocates that industry establish an internal compliance planning system which results in significant long term savings. Environmental compliance problems are avoided, thereby saving industry time and money in the long run. Further, industry, by planning for the future, can impose regulatory burdens on competitors, avoid costs by reducing use of hazardous materials, and create better working relationships with regulatory authorities. The article concludes with an example of an effective compliance program.
Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros
Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros
Northern Illinois University Law Review
This article addresses the barriers and obstacles that are facing parties harmed by transboundary pollution in the Great Lakes ecosystem. The article advocates the breakdown of reciprocal access for parties on both sides of the border. The article further advocates the breakdown of substantive barriers facing parties harmed by transboundary pollutants via the integration of the fragmented regulatory scheme into one holistic environmental statute. The environment must be looked at in a holistic manner, and the breakdown of the substantive and procedural barriers facing parties affected by pollutants is a step in that direction.
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher
Northern Illinois University Law Review
This article examines Illinois common law theories of liability for owners and operators of leaking underground storage tanks. Specifically, this article explores trespass, nuisance, negligence, and strict liability as theories of recovery for damages caused by leaking underground storage tanks.
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Northern Illinois University Law Review
The constitutional rules of the game for environmental and land-use advocates and commentators shifted noticeably during the October 1991 Term of the United States Supreme Court. This article considers the impact of three recent cases--Lucas, Yee, and PFZ--on the structure and patterns of federal takings law and on the strategy employed by those charged with challenging or supporting regulations that arguably effect a taking of private property in the public interest.
The Importance Of Negotiations In Illinois Environmental Rulemaking And Overview Of The Illinois Regulatory Process, James T. Harrington
The Importance Of Negotiations In Illinois Environmental Rulemaking And Overview Of The Illinois Regulatory Process, James T. Harrington
Northern Illinois University Law Review
This article helps to unravel the complexity of the vast array of agencies and procedures involved in environmental regulation. The article begins by examining the various agencies and their respective roles in environmental regulation. The article advocates an improved system of rulemaking which would allow more public participation by interested parties leading to a more effective system of environmental regulation in Illinois.
The Costs Of Pollution Regulation: Economic And Policy Implications For Illinois, Charles H. Shanabruch
The Costs Of Pollution Regulation: Economic And Policy Implications For Illinois, Charles H. Shanabruch
Northern Illinois University Law Review
This article examines the economic implications of pollution regulation in Illinois. This examination begins with an analysis of the economic structure of Illinois and industries' role in this structure. The article then examines the impact that environmental regulation has on the economic structure, concentrating on its effects on industry. The article next examines government's role in environmental regulation and concludes with the proposition that in order to foster economic growth in conjunction with environmental protection, the State and industry must embrace pollution prevention.
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld
Northern Illinois University Law Review
In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …
Wetlands Preservation In The United States: A Case Of Fragmented Authority, Lettie Mcspadden Wenner
Wetlands Preservation In The United States: A Case Of Fragmented Authority, Lettie Mcspadden Wenner
Northern Illinois University Law Review
This article addresses the problems which have been associated with environmental regulation in the context of wetlands preservation. The article begins by reviewing how wetlands protection evolved from the early seventies. The article concentrates on the Clean Water Act Amendments of 1977, especially the nationwide permit system. The article provides a comprehensive discussion of the permitting process. The article concludes that there are many changes that need to be made, especially bringing all actors involved in wetlands regulation together to attempt to remedy the problems inherent in a fragmented regulatory system.
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen
Northern Illinois University Law Review
This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.
Potential Conflicts Between Obligations Imposed On Employers And Unions By The National Labor Relations Act And The Americans With Disabilities Act, Jerry M. Hunter
Potential Conflicts Between Obligations Imposed On Employers And Unions By The National Labor Relations Act And The Americans With Disabilities Act, Jerry M. Hunter
Northern Illinois University Law Review
In this article, the author outlines the potential conflicts between the requirements of the Americans with Disabilities Act and the National Labor Relations Act. First, a potential conflict arises between the NLRA obligation to bargain and the reasonable accommodation obligation under the ADA. Second, the confidentiality requirement of the ADA and the duty to provide information under the NLRA poses an additional potential conflict. The author discusses the potential for allegations that unions have violated their duty of fair representation under the NLRA from both disabled and nondisabled employees, concluding that resolution of such grievances can be achieved through traditional …
The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati
The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati
Northern Illinois University Law Review
With the increasing trend in the use of ADR methods to resolve disputes, this article focuses on the Supreme Court and the legislature's growing acceptance of ADR and the manner in which arbitration and mediation can be used in the employment discrimination area. The author outlines the historical use of arbitration in resolving disputes under collective bargaining agreements and analyzes whether that can serve as a model for arbitration of individual employment discrimination claims. The Supreme Court's growing endorsements of binding arbitration of statutory claims is discussed, and the author concludes with a call for a more active governmental stance …
Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz
Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz
Northern Illinois University Law Review
This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive …
The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter
The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter
Northern Illinois University Law Review
In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be …
En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer
En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer
Northern Illinois University Law Review
This comment explains the development and application of both laches and equitable estoppel defenses in patent litigation. The comment focuses on the recent Court of Appeals for the Federal Circuit decision changing the evidentiary requirements needed to overcome a presumption of laches. In addition to the changes made to laches, the reduction in elements needed to establish equitable estoppel are reviewed. The author concludes that the changes to laches fail to provide additional protection where additional protection is justified, while the reduced elements of estoppel decrease protection for patent owners.
Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus
Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus
Northern Illinois University Law Review
This note examines the United States Supreme Court decision finding that the criminal defendant had been entrapped by the government as a matter of law. The author contends that the Court's disposition of this case was not consistent with precedent and concludes that the decision was an implicit application of the due process defense.
Addicted Pregnancy As A Sex Crime, Lorraine Schmall
Addicted Pregnancy As A Sex Crime, Lorraine Schmall
Northern Illinois University Law Review
This article examines how controls on addictive pregnancy present a new and dangerous threat to the treatment of women under the law. The author first examines the relationship between the mother and the fetus, concluding that no coherent status attaches to the unborn vis-a-vis its own mother which could justify depriving her of her privacy, autonomy, and the right to make personal family decisions. The article continues with a historical discussion of disparate legal treatment of women throughout history, and the discriminatory effect of state intervention into cases of addicted pregnancy on poor people and people of color. This article …