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Full-Text Articles in Law

Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney Jul 1998

Heads Up!: The Baseball Facility Liability Act, Ted J. Tierney

Northern Illinois University Law Review

This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered at baseball games is specifically analyzed. The author asserts that the current legislation should be stricken from Illinois law, and proposes changes in the law that would lead to more equitable outcomes in cases involving foul balls.

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Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito Jul 1998

Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito

Northern Illinois University Law Review

The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.

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Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan Jul 1998

Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan

Northern Illinois University Law Review

This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first federal district court opinion upholding HTA contracts as forward contracts, exempt from the Commodity Exchange Act ("CEA") and regulation by the Commodity Futures Trading Commission ("CFTC"). The article also examines the CFTC's approach to regulating HTA contracts in its administrative forum. The CFTC has taken the position that HTA contracts marketed to the general public are illegal futures contracts. A CFTC Administrative Law Judge recently took the position that HTA contracts are not …

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Constitutionalizing Kwik-E-Mart, Bruce Ledewitz Jun 1998

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow May 1998

Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow

Federal Communications Law Journal

During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …

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The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor May 1998

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

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A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair May 1998

A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair

Northern Illinois University Law Review

This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …

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Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams May 1998

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.

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No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson May 1998

No Longer Free To Offend: Involuntary Civil Commitment Statutes For Sexual Predators Create The Basis For A Uniform Act, Lisa A. Wilson

Northern Illinois University Law Review

This comment examines the progression of involuntary civil commitment statutes for repeat sex offenders beginning in the 1930's and moving into the 1990's in terms of statutory changes and improvements. This comment also illustrates why these involuntary commitment statutes are the best solution to curb sexual predation with an eye towards the ultimate protection of the public. Finally, this comment stresses the need for a uniform act designed to incorporate those aspects of the currently existing sex predator statutes which best protect the community from repeat sex offenders.

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Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl May 1998

Refusing To Follow Doctor's Orders: Texas Takes The First Step In Holding Hmos Liable For Bad Medical Decisions, Amy Stoeckl

Northern Illinois University Law Review

This comment examines health maintenance organizations (HMOs) and other managed care entities and the defenses used to escape liability in medical malpractice suits. Texas became the first State to pass legislation that would put an end to one such defense and place liability on HMOs. The author suggests that such State legislation is not enough to hold HMOs liable and recommends that Congress rethink the federal statutes that still protect HMOs from liability.

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The Evolving Fiduciary Duty Solution For Shareholders Caught In A Closely Held Corporation Trap, James M. Van Vliet Jr., Mark D. Snider May 1998

The Evolving Fiduciary Duty Solution For Shareholders Caught In A Closely Held Corporation Trap, James M. Van Vliet Jr., Mark D. Snider

Northern Illinois University Law Review

The purpose of this article is to review the development of the fiduciary duty owed in closely-held corporations. The judicially developed rule expands the ability of the courts to provide relief for shareholders who lack the voting power to force a change and has neither a statutory nor contractual right to relief. The authors identify the theoretical basis, general scope and content of the rule, as well as some other issues that still need to be decided in the course of the further development of the rule.

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Broadly Speaking - April 27, 1998, Nova Southeastern University Apr 1998

Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Mid-Atlantic Ethics Committee Newsletter, Spring 1998 Apr 1998

Mid-Atlantic Ethics Committee Newsletter, Spring 1998

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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When "Reason" Is In The Eye Of The Beholder: A Reexamination Of The "Reasonable Man" Standard As Applied To Organizational Management, James R. Jones Apr 1998

When "Reason" Is In The Eye Of The Beholder: A Reexamination Of The "Reasonable Man" Standard As Applied To Organizational Management, James R. Jones

Marketing and Management Faculty Proceedings & Presentations

“Specifically, issues of race, gender, disability, status, etc. provide a new context in which to judge the reasonableness of an individual’s actions.” The concept of the "reasonable man" is one of long standing in the legal profession of the United States. As the United States has become an increasingly polyglot society, the need to reexamine the sufficiency of a single "reasonable man" standard is clear. Specifically, issues of race, gender, disability status, etc. provide a new context in which to judge the reasonableness of an individual's actions.

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Broadly Speaking - April, 1998, Nova Southeastern University Apr 1998

Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan Apr 1998

What's The Difference? Interpretation, Identity And R. V. R.D.S., Allan Hutchinson, Kathleen Strachan

Dalhousie Law Journal

Lawyers hanker after authority. Whether it be in enforcing the law or justifying law's institutional power, there is an almost desperate yearning to establish and maintain the legitimacy of law and, therefore, of themselves, in a social world in which the whole notion of authority is challenged and undermined. When it comes to matters of legal interpretation, jurists and judges still crave some method that will ground or trace back an interpretation to a foundational or ultimate source that can confer authority on one particular interpretation over another. However, recent jurisprudential debate has done fatal damage to the notion that …

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Broadly Speaking - March 30, 1998, Nova Southeastern University Mar 1998

Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Broadly Speaking - February 17, 1998, Nova Southeastern University Feb 1998

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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Broadly Speaking - January 26, 1998, Nova Southeastern University Jan 1998

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.

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With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz Jan 1998

With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

The conclusion I came to during my time in the Foreign Office was that the old international order was neither a natural phenomenon to which humanity had simply adjusted its behaviour nor a fortuitous aggregation of countless past events of human interaction.

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Technological Advances In Banking: A Move To A Global Economy, Cymonie Rowe Jan 1998

Technological Advances In Banking: A Move To A Global Economy, Cymonie Rowe

ILSA Journal of International & Comparative Law

Technology permeates every aspect of our society. From medicine to data processing and the banking industry, technology, while arguably an advancement, has the potential of breeding unexpected consequences. Technology has permeated the banking industry as well. The once

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Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz Jan 1998

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Master, Justice, Chancellor Kent: His Legacy For Today's Judges, Penny White Jan 1998

Master, Justice, Chancellor Kent: His Legacy For Today's Judges, Penny White

Scholarly Works

No abstract provided.

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A Good Walk Spoiled: Casey Martin And The Ada's Reasonable Accommodation Requirement In Competitive Settings, Alex B. Long Jan 1998

A Good Walk Spoiled: Casey Martin And The Ada's Reasonable Accommodation Requirement In Competitive Settings, Alex B. Long

Scholarly Works

No abstract provided.

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Rethinking Law In Globalizing Labor Markets, Fran Ansley Jan 1998

Rethinking Law In Globalizing Labor Markets, Fran Ansley

Scholarly Works

No abstract provided.

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Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons Jan 1998

Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons

Scholarly Works

No abstract provided.

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Afterward: A Thought About Feminist Litigation Strategies, Valorie K. Vojdik Jan 1998

Afterward: A Thought About Feminist Litigation Strategies, Valorie K. Vojdik

Scholarly Works

No abstract provided.

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Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow Jan 1998

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …

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Deconstructing Children's Rights And Reimagining Children's Needs: A Gender, Race, And Class Analysis Of Infanticide, Beverly Horsburgh Jan 1998

Deconstructing Children's Rights And Reimagining Children's Needs: A Gender, Race, And Class Analysis Of Infanticide, Beverly Horsburgh

St. Thomas Law Review

No abstract provided.

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Beyond Rfra: Free Exercise Of Religion Comes Of Age In The State Courts, Daniel A. Crane Jan 1998

Beyond Rfra: Free Exercise Of Religion Comes Of Age In The State Courts, Daniel A. Crane

St. Thomas Law Review

This Article provides an alternative perspective to the assumption that the battle for free exercise exemptions must be waged at the federal level. Like the vast majority of the law review commentators, this Author believes that Smith was wrongly, even dangerously, decided. However, unlike many of those who reject Smith, this Author also believes that if we must accept Smith as a baseline, RFRA is unconstitutional as applied to the states. 3 This Article argues that even if RFRA may not constitutionally be applied to the states, the concept of free exercise exemptions need not be pronounced dead or even …

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