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Vol. 46, No. 1, Fall 2025: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 46, Issue 1 of the Northern Illinois Law Review

Remarks, Amassador Abubakar Jidda

Fordham Law Review

No abstract provided.

Defining “Cases” Or “Controversies”: A Fundamental Confusion In Article Iii Standing Doctrine And Its Consequences In Multi-Plaintiff Litigation, Dominic Signa

Fordham Law Review

The United States Supreme Court has addressed the absolute core requirements of standing under Article III of the U.S. Constitution on several occasions. However, the Court has not clearly articulated what purpose standing serves relative to Article III’s limitations on the exercise of judicial power to only “cases” or “controversies,” and this has led to major downstream effects in the realm of multi plaintiff litigation. Specifically, the Court has not explained whether standing is meant to ensure (1) that all potential plaintiffs demonstrate that they are properly parties to the same case or controversy before a federal court or (2) …

Evicted Promises: Grants Pass Leaves Housing First Out In The Cold, Emily Cruz

University of the Pacific Law Review

No abstract provided.

Duty To Protect: Why California Should Promptly Adopt A Cybersecurity Cle Requirement, Michaela Thompson

University of the Pacific Law Review

No abstract provided.

Safe Or Not? A Constitutional Review Of California’S Safety Act, Avery Bernard

University of the Pacific Law Review

No abstract provided.

Chimeric Contacts And Consent: The Ill-Reasoned Expansion Of Corporate Jurisdictional Exposure, James P. George

William & Mary Business Law Review

Two recent Supreme Court decisions have imposed aspects of general jurisdiction in a way that exposes corporations and possibly other legal actors to litigation in spuriously connected forums. One case—Ford Motor Company v. Montana—reached a fair result but with strained reasoning that will support unfair results. The second case—Mallory v. Norfolk Southern Railroad Company—was wrong on the facts and the law, imposing general jurisdiction based on a vaguely worded corporate registration statute validated by a more than century-old precedent based on Pennoyer v. Neff’s limited territorial model.

Both decisions were the result of conceptual corners …

Embattled Sec Climate-Related Disclosure Regulation, Thomas M. Madden

William & Mary Business Law Review

This Article informs the reader as to the current state of the U.S. Securities and Exchange Commission’s (SEC or Commission) Release No. 33-11275, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules), approved and then stayed by the Commission in March of 2024 and now being challenged in the Eighth Circuit Court of Appeals. It argues that the Final Rules are sound and should be upheld for seven articulated reasons, taking into account the arguments made by petitioners and amici curiae in the Eighth Circuit. Moreover, the Article argues that even with Chevron overturned, the Final Rules …

Say Neigh To Handshake Deals: An Economic And Ethical Argument For Written Warranties In The Sales Of Thoroughbred Racehorses, Kate Coulter

William & Mary Business Law Review

Horse racing is one of the largest, most lucrative industries in the United States, but state laws regulating the exchange of billions of dollars through the sales of Thoroughbred racehorses remain inconsistent. Moreover, ethical issues such as poor breeding practices tarnish the reputation of the sport, detracting viewers and consequently endangering the future livelihood of the racing industry. Litigation over birth defects in Thoroughbreds is common, prone to appeal, and expensive. But, this litigation could be mitigated through the use of written warranties in the sale of these highly valuable horses, pursuant to and supplementing the statute of frauds and …

Sustainability And Climate-Related Regulations And Due Diligence, Adolf Peter

Asian Management Insights

Why does it matter?

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Hey, Bruh . . . I Mean, Your Honor—The Evolution (Or Devolution) Of Legal Communications In Modern Times, Michael J. Fleck

Northern Illinois University Law Review

The ability to effectively communicate, whether such communication is oral or written, is a primary tool in any lawyer’s toolbox. How we communicate is a reflection on our level of professionalism, both as individual attorneys, and as the legal body at large. It is how we convey ideas with our client, with our colleague, and with the court. It is how we persuade through legal reasoning. There is no doubt that the style of communication has evolved over time. One need only to read legal opinions from a century ago to see what was acceptable as proper communication. The standard …

Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan

Northern Illinois University Law Review

The transportation of contraband such as controlled substances, illegal firearms, stolen items, and proceeds from criminal activities can take many forms and are subject to the ever-evolving creative efforts by traffickers and criminal organizations to avoid detection by law enforcement. However, one of the simplest and most straightforward mechanisms of transport is in hidden or “trap” compartments in motor vehicles. However, given the legitimate use of discreet compartments (sometimes referred to as “automotive safes” or “traps”) in motor vehicles to secure personal items, important paperwork, and even licensed firearms, a question arises as to whether hidden and false compartments in …

Electronic Will Legislation: A Comparison Of The Uniform Act And Illinois, Jada Stephens

Northern Illinois University Law Review

The Illinois Wills and Remote Witnesses Act is a body of law that was created in response to evolving technology and the COVID-19 pandemic. It addresses how electronic wills and remote attestations should occur in Illinois. Picking up where the executive order allowing for remote attention in Illinois left off, the passing of this Act solidifies processes that allow for different modes of estate planning and attestation to occur. Pennsylvania will be examined as a state that exemplifies the consequences of a lack of electronic will legislation. Illinois is not the first and most likely will not be the last …

Pesticides, Pollinators, And Producers: The Epa’S New Herbicide And Insecticide Strategies And Illinois Farmers, Jonathan Jerkatis

Northern Illinois University Law Review

The Environmental Protection Agency (EPA) has introduced new herbicide and insecticide strategies to comply with the Endangered Species Act (ESA), a move that will have significant implications for Illinois farmers and endangered species. Illinois, a leading producer of corn and soybeans, relies heavily on pesticides. Unfortunately, these chemicals have been identified as a key driver of monarch and other endangered species population decline. This note examines how the EPA’s new strategies aim to balance species protection with agricultural viability, addressing concerns over financial burdens of compliance, the complexity of the strategies, and a lack of enforcement provisions. While Illinois farmers …

Recalibrating Risk Under Dobbs, Yvonne F. Lindgren, Michelle Oberman

Faculty Works

In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …

A Schönberg Approach To Devillier V. Texas: Synthesizing Text, Structure, And History Of The Takings Clause, Jordan Fortunati

University of the Pacific Law Review

No abstract provided.

Data As Policy, Janet Freilich, W. Nicholson Price Ii

Faculty Scholarship

A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …

Protecting Seafarers' Rights : A Comparative Analysis Of The Mlc, 2006 As Amended, And The Ethiopian Seafarers Collective Agreement, Asfaw Siyum Balcha

World Maritime University Dissertations

No abstract provided.

An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri

World Maritime University Dissertations

No abstract provided.

Access To Justice For Seafarers In Tanzania : Legal And Institutional Barriers, Sadath Khalipha Kibwana

World Maritime University Dissertations

No abstract provided.

Plastic Pollution In The Arctic Region And International Rules : Applicability And Limitations, Zhanfeng Lang

World Maritime University Dissertations

No abstract provided.

Precarity At Sea : Legal Challenges And Protection Of Maritime Workers, Wenjuan Li

World Maritime University Dissertations

No abstract provided.

The Multidoor Courthouse System In Commercial Maritime Disputes : Enhancing Access To Justice And Dispute Resolution Efficiency In Nigeria, Adetola Aderonke Oduwole

World Maritime University Dissertations

No abstract provided.

An Assessment Of Seafarer Social Security In Nigeria On The Implementation Of Mlc, 2006 Convention, Eshidenang Francis Owan

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Legal And Policy Challenges For Developing Countries In Implementing The Imo’S 2023 Ghg Strategy : A Case Study Of South Africa And Indonesia, Mduduzi Godson Qwabe

World Maritime University Dissertations

No abstract provided.

The Problem Of Noise Pollution In Chinese Waters : Can The Current National Legal Framework Tackle The Problem?, Zhou Wang

World Maritime University Dissertations

No abstract provided.

Jurisdiction Of Vessel-Source Pollution In The Eez Under Unclos : A Case Study On China, Yang Zhang

World Maritime University Dissertations

No abstract provided.