Law Commons^™

Comment On A “Positive Theory Of Legislative Intent”, Michael Munger

Law and Contemporary Problems

The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.

Address Delivered At The Celebration Of The Seventy-Fifth Anniversary Of Women At Fordham Law School, Hon. Janet Reno

Fordham Law Review

No abstract provided.

Gender And Professional Roles, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Parents' Religion And Children's Welfare: Debunking The Doctrine Of Parents' Rights, James G. Dwyer

Faculty Publications

The scope, weight, and assignment of parental rights have been the focus of much debate among legal commentators. These commentators generally have assumed that parents should have some rights in connection with the raising of their children. Rarely have commentators offered justifications for attributing rights to persons as parents, and when they have done so they have failed to subject those justifications to close scrutiny. This Article takes the novel approach of challenging parental rights in their entirety. The author explores the fundamental questions of what it means to say that individuals have rights as parents, and whether it is …

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Recovery For Economic Loss Following The Exxon Valdez Oil Spill, Victor P. Goldberg

Faculty Scholarship

The physical cleanup following one of the worst oil spills in history, that of the Exxon Valdez, is done. The legal cleanup, however, has barely begun. Over 100 law firms participating in over 200 suits in federal and state courts involving more than 30,000 claims are presently engaged in litigation. Fishermen, cannery workers, fishing lodges, tour boat operators, oil companies whose shipments were delayed, and even California motorists facing higher gasoline prices have filed claims against Exxon and its fellow defendants.

Most claimants face a formidable roadblock, the so-called Robins doctrine. Under Robins Dry Dock & Repair Co. v. Flint …

New York State Constitutional Decisions: 1993 Compilation

Touro Law Review

No abstract provided.

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

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

What's Art Got To Do With It?, Wendy J. Gordon

Scholarship Chronologically

I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

Providing Creative Remedies To Bystander Emotional Distress Victims: A Feminist Perspective, Deborah K. Hepler

Northern Illinois University Law Review

This article discusses the tort of bystander emotional distress from a feminist perspective. The Article concentrates on emotional distress which flows from witnessing the physical injury or death of a loved one. The article begins with an examination of the difficulties courts have in dealing with such cases. It proceeds to a discussion regarding Stanley Ingber's theory for dealing with such harms. Finally, the article argues for a more creative approach to a resolution of emotional distress claims in order to expose the underlying biases that are inherent in emotional distress claims, and concludes that a more flexible approach would …

Characterization And Assignment Of Corporate And Shareholder Income, Daniel M. Schneider

Northern Illinois University Law Review

A fertile group for the development of differentials arises in dividend distributions made by corporations to their shareholders. Professor Schneider analyzes the way in which differentials in dividend income have been exploited: whose income it is; is it ordinary income or capital gain; and has a dividend been disguised as proceeds from the sale of stock, or a sales proceed as a dividend (the Waterman Steamship problem). He concludes that differentials between various types of statutes--who is the taxpayer, at what rate is the income taxed--inevitably leads to taxpayers trying to meet favorable characterizations and to avoid negative characterizations. The …

The Cents Of It: Dischargeability And Environmental Claims Under The Bankruptcy Code, Denise M. Schuh

Northern Illinois University Law Review

Courts have been unable to develop a consistent body of precedent as to the point at which a CERCLA claim arises under the Bankruptcy Code due to the competing policy interests involved. This comment analyzes the current approaches employed by the courts and concludes that the current approaches are inadequate to provide a compromise between the policy objectives of both CERCLA and the Bankruptcy Code. This comment proposes a judicial actual notice standard in conjunction with legislative action to enact an environmental liability exception to the dischargeability provisions of the Bankruptcy Code.

An Equitable Approach To Products Liability Statutes Of Repose, Mark W. Peacock

Northern Illinois University Law Review

This comment addresses the applicability of the doctrine of equitable estoppel to products liability statutes of repose. The comment specifically focuses upon the situation where the injury caused by the defective product occurs after the repose period has ended and it is alleged that the manufacturer concealed from the customer its knowledge of the defect. The author concludes that the principles of equitable estoppel should be applied to bar the manufacturer from asserting the statute of repose as a defense where the manufacturer intentionally withheld its knowledge of the unreasonably dangerous defects of its product from the consumer.

Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam

Northern Illinois University Law Review

This article addresses the need for change in a seniority-based political system which fosters and is dominated by self-serving career politicians who rarely appear to serve the public interest. Campaign finance reforms and other remedial approaches show no signs of abating this situation. Term limitations, however, offer a reasonable check on the evil inherent in prolonged legislative power. Even though the constitutionality of state-enacted limitations on federal legislators is debatable, state enacted limitations on state legislative terms are constitutional. The "limited" popular constitutional initiative provided for in the 1970 Illinois Constitution--and the Illinois Supreme Court decisions interpreting that provision--appear to …

The Untimely Demise Of The Involuntary Confession Material Witness Rule In Illinois, Stephanie Rae Williams

Northern Illinois University Law Review

This article examines the recent elimination of the material witness rule, which governed the admissibility of confessions in criminal cases. The article first traces the evolution and Fifth Amendment background of the rule. Next, the article discusses the rash action taken by the Illinois Supreme Court when it rejected the rule. Finally, the article concludes by showing that the rule was a necessary Fifth Amendment protection and has been reasonably applied.

United States V. Nixon, Twenty Years After: The Good, The Bad And The Ugly--An Exploration Of Executive Privilege, K. A. Mcneely-Johnson

Northern Illinois University Law Review

The following article attempts to conceptualize United States v. Nixon and the strengthened doctrine of Executive Privilege it beget. This is accomplished through the examination of Executive Privilege's historic roots, the events surrounding the Nixon case, the hallmark ruling itself, the shadowy impact upon subsequent administrations, and the tension of secrecy and accountability necessitated by the doctrine. Finally, it concludes with alternatives that would minimize the dangerous potential that exists under the current permutation of the doctrine.

Mid-Atlantic Ethics Commitee Newsletter, Fall 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Law and Contemporary Problems

Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

William & Mary Law Review

No abstract provided.

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …

Mid-Atlantic Ethics Committee Newsletter, Summer 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Triumph Of Equity, Douglas Laycock

Law and Contemporary Problems

It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.

Park Districts Coping With Environmental Liability And Environmental Responsibility In The Nineties, Catherine Nichols

Northern Illinois University Law Review

This article examines the special concerns that park districts must cope with as environmental enforcement efforts have been broadened to include local governmental bodies. The author analyzes the impact of environmental regulations on park districts and concludes that park districts need to strictly enforce risk management programs to minimize environmental response costs.

The Costs Of Pollution Regulation: Economic And Policy Implications For Illinois, Charles H. Shanabruch

Northern Illinois University Law Review

This article examines the economic implications of pollution regulation in Illinois. This examination begins with an analysis of the economic structure of Illinois and industries' role in this structure. The article then examines the impact that environmental regulation has on the economic structure, concentrating on its effects on industry. The article next examines government's role in environmental regulation and concludes with the proposition that in order to foster economic growth in conjunction with environmental protection, the State and industry must embrace pollution prevention.

The Importance Of Negotiations In Illinois Environmental Rulemaking And Overview Of The Illinois Regulatory Process, James T. Harrington

Northern Illinois University Law Review

This article helps to unravel the complexity of the vast array of agencies and procedures involved in environmental regulation. The article begins by examining the various agencies and their respective roles in environmental regulation. The article advocates an improved system of rulemaking which would allow more public participation by interested parties leading to a more effective system of environmental regulation in Illinois.

Benefits To Industry Of Planning For Regulatory Compliance, Fredric P. Andes

Northern Illinois University Law Review

This article discusses the benefits that are to be gained by industry when it takes a planning approach to environmental compliance. The article advocates that industry establish an internal compliance planning system which results in significant long term savings. Environmental compliance problems are avoided, thereby saving industry time and money in the long run. Further, industry, by planning for the future, can impose regulatory burdens on competitors, avoid costs by reducing use of hazardous materials, and create better working relationships with regulatory authorities. The article concludes with an example of an effective compliance program.

Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf

Northern Illinois University Law Review

The constitutional rules of the game for environmental and land-use advocates and commentators shifted noticeably during the October 1991 Term of the United States Supreme Court. This article considers the impact of three recent cases--Lucas, Yee, and PFZ--on the structure and patterns of federal takings law and on the strategy employed by those charged with challenging or supporting regulations that arguably effect a taking of private property in the public interest.

Borders, Barriers, And Other Obstacles To A Holistic Environment, Steven M. Siros

Northern Illinois University Law Review

This article addresses the barriers and obstacles that are facing parties harmed by transboundary pollution in the Great Lakes ecosystem. The article advocates the breakdown of reciprocal access for parties on both sides of the border. The article further advocates the breakdown of substantive barriers facing parties harmed by transboundary pollutants via the integration of the fragmented regulatory scheme into one holistic environmental statute. The environment must be looked at in a holistic manner, and the breakdown of the substantive and procedural barriers facing parties affected by pollutants is a step in that direction.