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Law

1997

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Full-Text Articles in Law

Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey Nov 1997

Bmw Of North America V. Gore: A Misplaced Guide For Punitive Damage Awards, Michelle J. Carey

Northern Illinois University Law Review

This casenote examines the Supreme Court's landmark ruling in BMW v. Gore, in which the Court struck down a jury award of punitive damages as being unreasonably large in violation of substantive due process. This Note traces the history of challenges to punitive damage awards through Supreme Court cases, including BMW v. Gore. It then analyzes BMW v. Gore, particularly the Court's misguided attempt at providing a guide for punitive damage awards and the dismal implications from the Court's actions. It concludes that the better approach for the Court to have taken would have been to focus on procedural due …

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The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley Nov 1997

The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley

Northern Illinois University Law Review

This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.

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中港兩地痛楚及失去人生樂趣賠償法律比較, Kwok Keung Chow Nov 1997

中港兩地痛楚及失去人生樂趣賠償法律比較, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

本文主要透過對中、港兩地法院關於人身傷害，侵權案的審判根據和準則，進行搜集和比較分析，當中特別針對有關案件中有否將受害者的痛楚和失去人生樂趣這賠償項目一併考慮，若有的話，計算的準則叉是怎樣等等問題作出比較，初步的結論是，本港人身傷害侵權案的受害者，一般可以獲得隨社會進步和時間而調整、並佔總、賠償金額較大比率的痛楚和失去人生樂趣的補償。不過，在國內侵權法的範疇內，卻沒有相關的賠償項目，對受害者並不公平。因此，本文建議國內應檢討全面補償的觀念能否適用。

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Commentary, Sheldon H. Elsen Oct 1997

Commentary, Sheldon H. Elsen

Law and Contemporary Problems

Elsen comments on articles by Deborah DeMott and James Cox. He agrees with them that the rules governing conduct are often different from the rules written in compliance programs and as part of codes of conduct.

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Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

Law and Contemporary Problems

Fisch examines the evolution of the class action lawsuit and uses the qui tam provision as a model for exploring the structure and objectives of enforcement litigation.

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Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997 Oct 1997

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Organizational Incentives To Care About The Law, Deborah A. Demott Oct 1997

Organizational Incentives To Care About The Law, Deborah A. Demott

Law and Contemporary Problems

DeMott discusses the fit between agency doctrine and the ability of organizations to obey or disregard the law. The opinion in "In re Caremark International Inc. Derivative Litigation" is central to DeMott's analysis.

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What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux Oct 1997

What Is Law? A Search For Legal Meaning And Good Judging Under A Textualist Lens, Roger Colinvaux

Indiana Law Journal

No abstract provided.

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Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen Oct 1997

Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen

Law and Contemporary Problems

Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.

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Science Fiction Law Journal, Loyola Law School - Los Angeles Oct 1997

Science Fiction Law Journal, Loyola Law School - Los Angeles

Science Fiction Law Journal

No abstract provided.

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Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long Oct 1997

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

Scholarly Works

No abstract provided.

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Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr. Jul 1997

Subrogation Of Personal Injury Claims: Toward Ending An Inequitable Practice, Keith E. Edeus Jr.

Northern Illinois University Law Review

This comment examines the application of the principles of subrogation in the personal injury context. Current law in most states, including Illinois, allows insurance companies to recover their subrogation interests even when insureds have not been made whole. The author suggests legislative and judicial approaches for limiting the applicability of subrogation in such situations.

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Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby Jul 1997

Farmland Protection For Illinois: The Planning And Legal Issues, Lawrence W. Libby

Northern Illinois University Law Review

This address contends that agriculture, as a land intensive business, is critical to the Illinois economy and farmland protection belongs on the state's agenda as a policy objective as well as a significant goal of growth management. The author reasons that the adequacy of food supply and the necessity of farmland, as well as the non-owner services of farmland, require the inclusion of farmland protection on the state's planning agenda. Looking toward the future of farmland use and conversion, the author reviews the important planning and legal issues relative to farmland protection as a policy issue and suggests several strategies …

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Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins Jul 1997

Corporate Compliance And The Antitrust Agencies’ Bi-Modal Penalties, Stephen Calkins

Law and Contemporary Problems

Calkins discusses individual compared with entity penalties as tools for encouraging corporate law compliance and comments on the relationship between monetary payments as compensation and deterrence.

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Order Efficiency And The State: A Commentary , Jeffrey L. Harrison Jul 1997

Order Efficiency And The State: A Commentary , Jeffrey L. Harrison

Cornell Law Review

No abstract provided.

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Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope Jul 1997

Annexation Agreements - Boundary Agreements: Walking A Fine Line Into The Future - A Map Of The Dangers To The Unwary Land Use Traveler, Ronald S. Cope

Northern Illinois University Law Review

This article examines the potential dangers that may be encountered by inexperienced land use planners. The article begins with a review of statutes and case law involving annexation agreements in Illinois. Next, the author distinguishes the differences between "annexation agreements" and "development agreements." Then the author addresses how to determine whether there has been a boundary agreement, which limits the ability of a municipality to annex a piece of property. The author recommends a statute permitting development agreements and recommends clear linkages between various sections of the code to improve predictability for Illinois land use planners.

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Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas Jul 1997

Luncheon Address: Symposium: Growth Management For The Next Century: Challenges & Opportunities, Lawrence B. Christmas

Northern Illinois University Law Review

Review of the past 100 years of land use planning and possible future developments.

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Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard Jul 1997

Panel Discussion, Phillip D. Peters, Mark W. Cordes, Phillip S. Bus, Lawrence B. Christmas, Richard M. Guerard

Northern Illinois University Law Review

No abstract provided.

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Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom Jul 1997

Practical Computer Applications For Land Use Planning And Analysis, Roger K. Dahlstrom

Northern Illinois University Law Review

This address presents two computer applications designed to assist in land use planning for individual sites and for entire planning areas. The site capacity model allows the user to generate a reasonably accurate analysis of development potential for an individual parcel of land given basic Information regarding proposed or prevailing zoning regulations. The land capacity model provides a means for developing land use simulations including likely public service demands and selected environmental impacts. The author notes that land use simulation can be an effective tool for minimizing internal inconsistencies in development regulations and for evaluating the impacts of the large …

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Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy Jul 1997

Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy

Northern Illinois University Law Review

The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.

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Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle Jul 1997

Tif In Illinois: The Good, The Bad, And The Ugly, Michael T. Peddle

Northern Illinois University Law Review

Tax increment financing (TIF) is a controversial economic development tool which has been implemented over three hundred times in Illinois since its legislative authorization in 1977. Its premise relies on the expectation that the property value of an economic development project site as well as a certain amount of contiguous property will be enhanced as a result of the project. The tax increment indicates the additional tax revenue from these properties. This tax increment is allocated exclusively to the municipality for use in the TIF district. In this address, the author analyzes the basic components of TIF in Illinois as …

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Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter Jul 1997

Punitive Damages, Social Norms, And Economic Analysis, Robert D. Cooter

Law and Contemporary Problems

Cooter offers an economic analysis of punitive damages, keeping in mind the role of social norms. Liability for compensatory damages provides efficient incentives for self-monitoring.

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Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin Jul 1997

Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin

Scholarly Works

No abstract provided.

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Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier May 1997

Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier

Northern Illinois University Law Review

The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …

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Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz May 1997

Innocents Beware: Has Bennis V. Michigan Made Asset Forfeiture Too Easy?, Ronald F. Labedz

Northern Illinois University Law Review

This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture then that rationale is applied to the facts of Bennis v. Michigan. After establishing that the exigencies historically thought necessary to justify asset forfeiture are not present in Bennis, the author determines the Supreme Court improperly applied precedent and instead should have conducted a due process analysis. The author argues that had the Supreme Court conducted that analysis, the Court would have held Michigan's asset forfeiture scheme …

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Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu May 1997

Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu

Northern Illinois University Law Review

This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.

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The Internet In The College Community, Robert M. O'Neil May 1997

The Internet In The College Community, Robert M. O'Neil

Northern Illinois University Law Review

This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …

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The Myth Of Context In Politics And Law, Anita Krug Apr 1997

The Myth Of Context In Politics And Law, Anita Krug

All Faculty Scholarship

Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …

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Mid-Atlantic Ethics Committee Newsletter, Spring 1997 Apr 1997

Mid-Atlantic Ethics Committee Newsletter, Spring 1997

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Canadian State Trials, Vol. 1, Michael Boudreau Apr 1997

Canadian State Trials, Vol. 1, Michael Boudreau

Dalhousie Law Journal

In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two …

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