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Full-Text Articles in Law

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai Jan 1998

If Animal Rights Activists Could Write Federal Research Policy, Vasanth R. Shenai

Animal Law Review

Mr. Shenai examines animal rights in the context of federal animal testing. After discussing current federal research policy and the positions held by animal rights advocates, he proposes a new statute to accommodate all interests in society as well as the rights of the animals being considered for testing.

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African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez Jan 1998

African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez

Faculty Journal Articles and Book Chapters

Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …

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The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins Jan 1998

The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the most important Indian chronicler of indigenous political, legal, and religious experience in the U.S. in the last thirty years, noted recently that Indian life, particularly the experience of reservation-based tribal peoples, "has only the slightest resemblance to the conditions of three decades ago, and the current situation has elements of hope and portents of disaster." This observation is even more realistic as we sit at the dawn of the new millennium. The 560 indigenous polities in the U.S.—374 Indian nations, tribes, bands, communities, and Pueblos in the lower 48 states; 226 are Alaska Native villages and …

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Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas Jan 1998

Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas

Faculty Scholarship

War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …

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Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine Jan 1998

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

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Broadly Speaking - November 19, 1997, Nova Southeastern University Nov 1997

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

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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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Broadly Speaking - October 15, 1997, Nova Southeastern University Oct 1997

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

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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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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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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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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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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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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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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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Broadly Speaking - September 10, 1997, Nova Southeastern University Sep 1997

Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.

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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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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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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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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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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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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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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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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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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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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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