Law Commons^™

A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe

Northern Illinois University Law Review

This article explores the potential that mediation offers to women as a forum to tell their stories in their own voices. Part I explains the process of mediation. Part II examines the interplay of law, mediation and women, suggesting that the adversarial system has failed to acknowledge women and neglected to hear their voices or listen to their stories. This section also investigates the role of mediation within the legal system and the dangers adherent in that position. Part III introduces feminism and feminist jurisprudence. Part IV looks at mediation as an alternative process and explores the vitality of an …

Adolescent Sports Violence--When Prosecutors Play Referee. Making Criminals Out Of Child Athletes, But Are They The Real Culprits?, Jason R. Schuette

Northern Illinois University Law Review

With increasing regularity, prosecutors across the United States are being asked to delineate a line between aggressive play and acts of violence that exceed an acceptable level. This includes the once docile province of youth sports. With that, this comment is devoted to violence in youth sports and the issues involved when criminal penalties are brought against child athletes. Part I analyzes the historical ideology behind the rise of youth sports programs in America; which consequently, is important in comprehending the ideals and beliefs that are intended to be fostered under the guise of youth sport. Part II discusses the …

The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan

Northern Illinois University Law Review

In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …

Constitutional Civil Rights, John Sanchez

Mercer Law Review

The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public …

Title Page

The Journal of Law and Education

No abstract provided.

Corporal Punishment In American Public Schools And The Rights Of The Child - Chalk Talk, Roy Lynn

The Journal of Law and Education

No abstract provided.

Cleveland Program Could Lead To Definitive Supreme Court Precedents On School Vouchers, Andrew Weisenberger

The Journal of Law and Education

No abstract provided.

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Professor Charles W. Ehrhardt

University of Miami Law Review

No abstract provided.

How Much Is Too Much? Rule 704(B) Opinions On Personal Use Vs. Intent To Distribute, Dana R. Hassin

University of Miami Law Review

No abstract provided.

A Reply To Professor Capra, Joëlle Harvic

University of Miami Law Review

No abstract provided.

The Exception That Swallows The Rule: The Disparate Treatment Of Federal Rule Of Evidence 804(B)(3) As Interpreted In United States V. Williamson, Richard T. Sahuc

University of Miami Law Review

No abstract provided.

Tales Out Of School-Spillover Confessions And Against-Interest Statements Naming Others, Professor Christopher B. Mueller

University of Miami Law Review

No abstract provided.

Response, Yvette J. Bessent

University of Miami Law Review

No abstract provided.

A Survey Of Federal Agency Responses To President Clinton’S Executive Order Number 12898 On Environmental Justice, Eileen Gauna, Denis Binder, Colin Crawford, M. Casey Jarman, Alice Kaswan, Catherine A. O'Neill, Clifford Rechtschaffen, Bradford C. Mank, Robert R.M. Verchick

Faculty Scholarship

In an effort to address the well-documented and serious problem of environmental justice in the United States, President William J. Clinton issued Executive Order (EO) No. 128981 on February 11, 1994. The EO represented the culmination of a century of rapid changes in society's attitudes toward the placement of hazardous facilities in poor, disadvantaged, and minority communities, as well as the denial of services to these communities. This survey examines the impact of the EO on federal agencies. Environmental justice is not a problem unique to the late 20th century. Majoritarian societies have historically discriminated against minority groups.3 For example, …

Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner

Faculty Scholarship

Noteworthy international activity relating to the environment occurred in a wide variety of fora in 2000. This chapter provides brief updates on some of the most significant developments. Though by no means a comprehensive review, the chapter reflects the wide sweep of issues and large number of entities now involved in the development of international environmental law, at the start of this new century. It also reflects how critical and complex this international work is, and how much remains to be done.

Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short

Faculty Scholarship

I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …

Alumni Newsletter - Issue No. 76, University Of Maine School Of Law

Maine Law Magazine

• Feature Article- Life After Graduation
• Commencement
• Around Campus
• Faculty News
• Alumni News
• Annual Report

The Poetics Of The Pragmatic: What Literary Criticisms Of Law Offers Posner, Guyora Binder

Journal Articles

The process by which we represent our society's will and welfare in the medium of law is an imaginative and expressive one, narrating the path from a virtuous past to a decent future, informed by aesthetic judgment. In Literary Criticisms of Law, Guyora Binder and Robert Weisberg argued that, because law is literary in this sense, scholars can use the methods of literary criticism to "read" the law and to subject it to critical evaluation and reflective aesthetic judgment. In reviewing that book, Judge Richard Posner reasserted his long-held position that it is most useful to evaluate law economically rather …

Juvenile Delinquency In The Twenty-First Century: Is Blended Sentencing The Middle-Road Solution For Violent Kids?, Christian Sullivan

Northern Illinois University Law Review

This article will discuss the history of the juvenile justice system in America, from its English common law origin, through the Progressive Era of the late nineteenth century, to the 1998 revisions in Illinois. In Parts I and IV, the article will focus on current problems with the juvenile system in Illinois, highlighted in the context of a recent Illinois Supreme Court decision, In re G.O., a case in which a thirteen-year-old boy was adjudicated delinquent for first degree murder and sentenced to the Department of Corrections, without parole, until age twenty-one. In Part IV, it will point out the …

Untangling The World Wide Web: Restricting Children's Access To Adult Materials While Preserving The Freedoms Of Adults, Tim Specht

Northern Illinois University Law Review

This comment examines the current state of the law in the area of internet regulation restricting children's access to adult material. This area of law is very new, with the majority of case precedent developed over just the last five or six years. Although the term "Internet" applies to various aspects of cyberspace including the World Wide Web, e-mail, chat rooms, listservs, newsgroups, FTP sites, and other interactive environments, this essay will focus mainly on the area of the World Wide Web. Part I of this comment provides a brief overview of the U.S. Supreme Court precedent relating to freedom …

Vol. 21, Nos. 2-3, 2001: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

The Declaration Of Independence: A 225th Anniversary Re-Interpretation, Carlton F.W. Larson

Washington Law Review

The importance of the Declaration of Independence to American law has been obscured by dubious associations with natural rights jurisprudence. Legal scholars have therefore overlooked the numerous ways in which the Declaration is relevant to a host of legal issues. Ample textual and historical evidence demonstrates that the Declaration, not the Articles of Confederation or the Constitution, legally constituted the United States of America as a distinct nation in the world community. The Declaration was not the act of thirteen states declaring their individual independence, but the act of one American people announcing the birth of an American nation. Nor …

Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow

Washington Law Review

Washington's Academic Achievement and Accountability Statute (AAA Statute) creates a statewide system of school accountability. It also requires that all students pass the tenth-grade level of the Washington Assessment of Student Learning standardized test (WASL) to receive a diploma. Unfortunately, when this graduation requirement takes effect in 2008, many students will not receive diplomas because they will be unable to pass the WASL before graduation. Some of these students will have met all local graduation requirements, so the only graduation requirement they will not be able to meet will be the statewide requirement that they pass the WASL. Their WASL …

Recent Decisions

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Truth Or Consequences: Why The Rejection Of The Pretext Plus Approach To Employment Discrimination Cases In Reeves V. Sanderson Plumbing Establishes The Better Legal Rule, Marcia L. Mccormick

Northern Illinois University Law Review

There is a constant tension in employment discrimination law between the recognition that discrimination can be subtle without having direct evidence of its existence and the recognition that under the law, hard evidence is necessary to prove an ultimate fact by a preponderance of the evidence. It was this tension that prompted the Supreme Court to devise a method of proof for employment discrimination cases that differs from the usual civil case. In employment discrimination cases, the plaintiff must first prove a "prima facie" case of discrimination by proving: 1) that he or she is a member of a class …

The Jailed Juror And Other Tales Of Juror Misconduct: Is Reform Required In Illinois?, Laura A. Caldwell, Kimberly A. Wilkins

Northern Illinois University Law Review

This article will report on some of the higher profile cases concerning jury misconduct, as well as some practitioner accounts of such situations. We will summarize Illinois' position on investigations into jury misconduct, then examine common examples of such misconduct. Finally, we will suggest possible reformative measures that could be taken to prevent, or better handle, jury misconduct.

State Approaches To Criminalizing The Exposure Of Hiv: Problems In Statutory Construction, Constitutionality And Implications, Christina M. Shriver

Northern Illinois University Law Review

This article discusses the criminalization of HIV transmission and its implications. Part II of this article provides a general overview of the laws, while Part III is a detailed analysis of the specific statutes of the sixteen states with criminal transmission statutes relating to sexual activity. Part IV discusses the problem of vertical transmission of HIV as it relates to criminal transmission statutes. Finally, Part V of this article presents an alternative statutory proposal that could eliminate much of the vagueness and controversy surrounding the current laws.

Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton

Indiana Law Journal

No abstract provided.

Museletter: Summer 2001, Gail F. Zwirner

Museletter

Table of Contents:

"Free"dom of the Press: Web News Source to Charge for Service

Website of the Month: BestJobsUSA.com

University Unveils New Library System

Summer in Richmond: Go Fish!

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