Law Commons^™

The Obviously Impossible Attempt: A Proposed Revision To The Model Penal Code, Kyle S. Brodie

Northern Illinois University Law Review

This article discusses the problems posed by attempt crimes which have no chance of succeeding (often called "obviously impossible attempts"). Impossibility has largely been abolished as a defense to attempt crimes, so the obvious impossibility of an attempted crime is legally irrelevant in determining whether or not it should be punished. Even so, the author contends that many of the reasons attempt crimes are punished do not apply to obviously impossible attempts. The author's proposed solution is to add an element of "reasonableness" to the definition of attempt crimes.

Current Developments In Federal Employment Discrimination Law, Julie M. Spanbauer

Northern Illinois University Law Review

The area of federal employment discrimination law has undertone vast changes over the past several years through both legislative and judicial action. This article provides, an overview of the recent congressional enactments and amendments, including the Americans With Disabilities Act, and the Civil Rights Act of 1991 which modified Title VII, the Age Discrimination in Employment Act, and 42 U.S.C. § 1981. Additionally, recent Supreme Court decisions, which have also altered some longstanding doctrines in this area, are addressed. Finally, some decisions of the courts within the Seventh Circuit are presented to provide a more detailed insight into the state …

Department Of Revenue V. Kurth Ranch: Double Jeopardy. A: Multiple Punishment Component. Q: What Is Confusion? Continuing Where Halper And Austin Left Off, Denis M. Gravel

Northern Illinois University Law Review

This note examines the United States Supreme Court decision holding the imposition of a state drug tax unconstitutional in that it violates the multiple punishment component of the Double Jeopardy Clause. The author contends that the majority's application of Double Jeopardy jurisprudence was not only faulty and erroneous, but inconsistent in light of the Court's prior holdings. The court fashioned a test which allows for a much lower level of judicial deference to the legislature, and in so doing, continued on a recent trend, albeit an erroneous one, that is expanding the scope of Double Jeopardy protection.

Legalized Gambling Activities: The Issues Involving Market Saturation, John Warren Kindt

Northern Illinois University Law Review

In this article, the author discusses concerns relative to legalized gambling activities and their socioeconomic impacts. Specifically, the article examines the issues involving market saturation. The author suggests that despite increasing concerns about market saturation expressed by individual states and the legalized gambling industry, the enormous size of the Unites States economy renders it unlikely that overall market saturation will occur in the foreseeable future. The author concludes that, as a result, governments will continue to embrace legalized gambling activities for their initial tax revenues, and will ignore the enormous social and economic costs which accompany such activities.

Expanding The Fiduciary Duties Of Close Corporation Shareholders: The Dilemma Facing Illinois Corporate Law, Thomas J. Bamonte

Northern Illinois University Law Review

This article examines the Illinois corporate law treatment of the so-called close corporation, and in particular the trend toward increased expansion of the fiduciary duties of close corporation shareholders. In light of a contrasting trend in the state of Delaware, the author suggests that Illinois corporate law faces a dilemma. If it does not toe the Delaware line, Illinois may be viewed as a less attractive state for incorporation vis-a-vis Delaware. On the other hand, reversing course in order to follow Delaware's lead may sacrifice the independent development of Illinois corporate law. The author intends that the article contribute to …

Oregon's Procedural Due Process And The Necessity Of Judicial Review Of Punitive Damage Awards: Honda Motor Co. V. Oberg: "Stop The Insanity!", Jeff Duncan Brecht

Northern Illinois University Law Review

This note examines the United States Supreme Court's most recent decision involving the judicial review of punitive damage awards. In addition to discussing the history of punitive damages and the role they have played in American jurisprudence, the author explains Honda's importance in the punitive damages debate. The author concludes that the Supreme Court's decision reinforces the necessity of judicial involvement in the punitive damages arena and helps to slow the unsettling explosion of punitive damage awards.

Liteky V. United States: The Entrenchment Of An Extrajudicial Source Factor In The Recusal Of Federal Judges Under 28 U.S.C. § 455(A), Shawn P. Flaherty

Northern Illinois University Law Review

This note examines the United States Supreme Court's decision in Liteky v. United States, in which the Court found that intrajudicial matters are not a proper basis for recusal under the primary piece of federal judicial disqualification legislation, 28 U.S.C. § 455(a). The author argues that the Liteky Court should have utilized the test provided in § 455(a), whether the judge's impartiality "might reasonably be questioned." By focusing on the presence of an extrajudicial source factor in determining when judges should recuse themselves, the author suggests the Court ignores several pressing policy concerns.

Publish Or Perish: Judging An Article By Its Cover, Leonard B. Mandell

Northern Illinois University Law Review

This piece takes an amusing look at the art of choosing a title for a law review article. Several examples are provided to demonstrate some of the methods often employed to create a good title. With tongue in cheek, the article's premise is that titles that are clever or witty stand a better chance of being accepted by law review editors.

The Bar Admission Process, Gatekeeper Or Big Brother: An Empirical Study, Donald H. Stone

Northern Illinois University Law Review

This article provides a comprehensive statistical review of bar applications from forty eight states and questions the usefulness of the applications, in their current form, in determining one's fitness to practice law. In addition to compiling this empirical data, the article focuses on four major areas of inquiry on most applications including mental illness, substance abuse, moral indiscretions and criminal behavior. Based on this inquiry and data, the author advances a number of recommendations to be adopted by state bar examiners. He concludes that the guiding light should place the burden on bar examiners to prove unfitness, and that only …

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Mid-Atlantic Ethics Committee Newsletter, Spring 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Counsel's Corner, George Kuney

Scholarly Works

No abstract provided.

Culture Clash: Law And Science In America, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Deregulation Of The Natural Gas Industry, Elisabeth Pendley

Implications of FERC Order No. 636 for the Natural Gas Industry (March 13)

4 pages.

Hot Topic: Implications of FERC Order No. 636 for the Natural Gas Industry.

After one year of natural gas pipeline deregulation, what impact has Order No. 636, issued by the Federal Energy Regulatory Commission in 1992, had on the natural gas industry - specifically, pipeline and local distribution companies? What additional changes might occur? Elisabeth Pendley, of KN Energy and the NRLC 1995 El Paso Natural Gas Law Fellow, will discuss the dramatic changes to the natural gas industry caused by FERC Order No. 636.

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

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

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

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

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

The Nova Southeastern Lawyer, 1995, Volume 9, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Winter 1995

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

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

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

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

The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Becky Jacobs, Kathy Beckett

College of Law Faculty Scholarship

No abstract provided.

Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein

Scholarly Works

The Supreme Court held in 1987 that compensation is required automatically whenever a municipality takes property by regulation. The Court has also held repeatedly that federal courts cannot even hear such claims until the landowner meets a demanding ripeness test. Landowners are often unable to survive the protracted ripening period even though their claims might ultimately have proved to be valid. And the occasional municipality that loses a takings case may be liable for a huge award that reflects the lengthy ripening period. Federal courts have persistently refused to acknowledge this tension between takings law and takings procedure. This Article …

The Gulf Of Mexico, The Academy, And Me, Fran Ansley

Scholarly Works

No abstract provided.

Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess

Scholarly Works

No abstract provided.

Congress' Authority To Abrogate A State's Eleventh Amendment Immunity From Suit: Will Seminole Tribe V. Florida Be Seminal, Jeffrey B. Mallory

St. Thomas Law Review

The United States has undertaken a policy of assisting sovereign Indian nations in fulfilling their right to self-government by enacting legislation that promotes the attainment of economic viability. As an affirmation of this policy, the 100th Congress of the United States enacted the Indian Gaming Regulatory Act (IGRA), the purpose of which was "to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments ...." Today, gaming on tribal land is the fastest growing segment of the nation's gaming industry with annual revenues of $5.4 …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 7, Issue 2, Spring 1995.

Non-Delegation Doctrine And The Florida Supreme Court: What You See Is Not What You Get, John E. Fennelly

St. Thomas Law Review

In 1979, Carl J. Peckingbaugh, in analyzing Askew v. Cross Key Waterways, observed that Florida appellate courts continue "to adhere to the non-delegation doctrine." Peckingbaugh characterized the Florida Supreme Court's attitude as a rejection of the modem trend in administrative law, a trend that accepted "the adequacy of procedural safeguards in the administrative process in lieu of strict legislative guidelines for the exercise of delegated authority." Eleven years later, Professor Johnny C. Burris argued that Florida appellate courts, while still ritualistically adhering to the traditional or strict non-delegation doctrine, had de facto adopted the modem or pragmatic Davis-test that had …

Dolan V. Tigard: The Myth And Reality Of Its Impact On Takings Jurisprudence And Land Use Regulation, Stephen Truesdale Carney

St. Thomas Law Review

In June of 1994, the evolution of constitutional law took another small step forward when the United States Supreme Court decided Dolan v. City of Tigard. This decision has specific implications for the fields of environmental and land-use law. While many see those implications as deleterious to environmental concerns, others see them as a necessary clarification in a narrow but previously vague area of law. In Dolan, the issue before the court was whether the city's demand that the petitioner dedicate her property along a floodplain to public use as a condition for a building permit approval violated the Fifth …

The Application Of Rico To Labor-Management And Employment Disputes, Raymond P. Green

St. Thomas Law Review

In 1970, Congress passed the Racketeer Influenced Corrupt Organization Act (the Act or RICO). The stated purpose of the Act was to attack organized crime by providing both criminal and civil remedies in order to detach crime organizations, such as the Mafia, from various legitimate and illegitimate enterprises, such as labor unions. While RICO has been an effective weapon for the Justice Department in fighting organized crime, it has disrupted the labor-management relationship. While once disputes were resolved by a swift punch in the nose, the provisions mandating treble damages and attorney's fees now allow the parties to bring loaded …