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Articles 5341 - 5370 of 6238

Full-Text Articles in Law

Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher Jul 1993

Common Law Liability For Leaking Underground Storage Tanks, Michael J. Maher

Northern Illinois University Law Review

This article examines Illinois common law theories of liability for owners and operators of leaking underground storage tanks. Specifically, this article explores trespass, nuisance, negligence, and strict liability as theories of recovery for damages caused by leaking underground storage tanks.

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The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld Jul 1993

The Role Of The Illinois Attorney General In Environmental Enforcement, Roland W. Burris, Diane L. Rosenfeld

Northern Illinois University Law Review

In this article, the authors explain the critical role of the Attorney General in the enforcement of Illinois' environmental laws. Improvements made in the attorney-client relationship between the Attorney General's Office and the Illinois Environmental Protection Agency have led to streamlined enforcement of cases and a stronger prioritization of environmental matters. Attorney General Burris' hands-on management style in prosecuting environmental violations and formulating initiatives to strengthen enforcement is explained. The first part of the article describes the responsibilities and function of the Attorney General as chief legal officer for the State in his representation of State agencies and as lawyer …

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Wetlands Preservation In The United States: A Case Of Fragmented Authority, Lettie Mcspadden Wenner Jul 1993

Wetlands Preservation In The United States: A Case Of Fragmented Authority, Lettie Mcspadden Wenner

Northern Illinois University Law Review

This article addresses the problems which have been associated with environmental regulation in the context of wetlands preservation. The article begins by reviewing how wetlands protection evolved from the early seventies. The article concentrates on the Clean Water Act Amendments of 1977, especially the nationwide permit system. The article provides a comprehensive discussion of the permitting process. The article concludes that there are many changes that need to be made, especially bringing all actors involved in wetlands regulation together to attempt to remedy the problems inherent in a fragmented regulatory system.

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“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell Jul 1993

“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell

Law and Contemporary Problems

The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.

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No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr. Jul 1993

No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.

Law and Contemporary Problems

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.

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Death By Default, James Lindgren Jul 1993

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.

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Standing Rusty And Rolling Empty: Law, Poverty, And America's Eroding Industrial Base, Fran Ansley Jun 1993

Standing Rusty And Rolling Empty: Law, Poverty, And America's Eroding Industrial Base, Fran Ansley

Scholarly Works

No abstract provided.

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Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz May 1993

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

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

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The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter May 1993

The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter

Northern Illinois University Law Review

In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be …

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Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen May 1993

Chapter 11 For Individual Consumer Debtors: Fresh Start Or False Start?, Cheri L. Cohen

Northern Illinois University Law Review

This commentary examines the implications for consumer debtors filing for bankruptcy relief under chapter 11. This option was made available to all consumer debtors in the Supreme Court decision of Toibb v. Radloff. The author contends that the consumer debtor will only obtain a false start, instead of a fresh start, by turning to chapter 11 for the sought-after relief.

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The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati May 1993

The Courts And Legislature Begin To Adopt Adr Methods To Deal With Growing Number Of Employment Discrimination Claims, Cheryl Blackwell Bryson, Anurag Gulati

Northern Illinois University Law Review

With the increasing trend in the use of ADR methods to resolve disputes, this article focuses on the Supreme Court and the legislature's growing acceptance of ADR and the manner in which arbitration and mediation can be used in the employment discrimination area. The author outlines the historical use of arbitration in resolving disputes under collective bargaining agreements and analyzes whether that can serve as a model for arbitration of individual employment discrimination claims. The Supreme Court's growing endorsements of binding arbitration of statutory claims is discussed, and the author concludes with a call for a more active governmental stance …

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Potential Conflicts Between Obligations Imposed On Employers And Unions By The National Labor Relations Act And The Americans With Disabilities Act, Jerry M. Hunter May 1993

Potential Conflicts Between Obligations Imposed On Employers And Unions By The National Labor Relations Act And The Americans With Disabilities Act, Jerry M. Hunter

Northern Illinois University Law Review

In this article, the author outlines the potential conflicts between the requirements of the Americans with Disabilities Act and the National Labor Relations Act. First, a potential conflict arises between the NLRA obligation to bargain and the reasonable accommodation obligation under the ADA. Second, the confidentiality requirement of the ADA and the duty to provide information under the NLRA poses an additional potential conflict. The author discusses the potential for allegations that unions have violated their duty of fair representation under the NLRA from both disabled and nondisabled employees, concluding that resolution of such grievances can be achieved through traditional …

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En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer May 1993

En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer

Northern Illinois University Law Review

This comment explains the development and application of both laches and equitable estoppel defenses in patent litigation. The comment focuses on the recent Court of Appeals for the Federal Circuit decision changing the evidentiary requirements needed to overcome a presumption of laches. In addition to the changes made to laches, the reduction in elements needed to establish equitable estoppel are reviewed. The author concludes that the changes to laches fail to provide additional protection where additional protection is justified, while the reduced elements of estoppel decrease protection for patent owners.

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Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus May 1993

Entrapment And Jacobson V. United States: "Doesn't The Government Realize That They Can Destroy A Man's Life?", Leslie G. Bleifus

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding that the criminal defendant had been entrapped by the government as a matter of law. The author contends that the Court's disposition of this case was not consistent with precedent and concludes that the decision was an implicit application of the due process defense.

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Addicted Pregnancy As A Sex Crime, Lorraine Schmall May 1993

Addicted Pregnancy As A Sex Crime, Lorraine Schmall

Northern Illinois University Law Review

This article examines how controls on addictive pregnancy present a new and dangerous threat to the treatment of women under the law. The author first examines the relationship between the mother and the fetus, concluding that no coherent status attaches to the unborn vis-a-vis its own mother which could justify depriving her of her privacy, autonomy, and the right to make personal family decisions. The article continues with a historical discussion of disparate legal treatment of women throughout history, and the discriminatory effect of state intervention into cases of addicted pregnancy on poor people and people of color. This article …

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Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz May 1993

Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz

Northern Illinois University Law Review

This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive …

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Mid-Atlantic Ethics Committee Newsletter, Spring 1993 Apr 1993

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens Apr 1993

Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens

Cornell Journal of Law and Public Policy

No abstract provided.

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Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser Apr 1993

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

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Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr. Apr 1993

Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

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Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.

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Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson Apr 1993

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …

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Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham Apr 1993

Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham

Law and Contemporary Problems

The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.

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Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg Apr 1993

Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg

Law and Contemporary Problems

A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.

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The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch Apr 1993

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch

Law and Contemporary Problems

Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.

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Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews Apr 1993

Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews

Law and Contemporary Problems

The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.

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Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle Mar 1993

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle

Cornell Law Review

No abstract provided.

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Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden Mar 1993

Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden

William & Mary Law Review

No abstract provided.

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Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.

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Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier Feb 1993

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Duke Law Journal

No abstract provided.

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