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Full-Text Articles in Law

The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden Jul 1992

The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden

Dalhousie Law Journal

It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …

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The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle Jul 1992

The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle

Dalhousie Law Journal

My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …

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An Alternative For Illinois Land Use Legislation, Clyde W. Forrest Jul 1992

An Alternative For Illinois Land Use Legislation, Clyde W. Forrest

Northern Illinois University Law Review

This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.

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Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran Jul 1992

Illinois Annexation Agreements--Are We Behind The Times?, Barbara Baran

Northern Illinois University Law Review

Ms. Baran begins her article by discussing the impetus for the Illinois Annexation Agreement Statute. Next, she provides the reader with a thorough analysis of each provision of the statute with particular emphasis on the enforceability of agreements. Ms. Baran notes that uncertainties associated with development make the statute appealing to developers and municipal officials. She believes that the statute provides a sufficient basis for agreements and that it may not be necessary for Illinois to move toward a more specific developer agreement statute. She does, however, promote the position that the statute should be brought up to date and …

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An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr. Jul 1992

An Outsider Looks At Illinois Zoning And Planning, Edward H. Ziegler Jr.

Northern Illinois University Law Review

This article is an edited version of Professor Ziegler's presentation which provides an outsider's perspective on the current issues facing Illinois land use law. From this perspective, Professor Ziegler examines the adequacy of Illinois regulatory authority, addresses the role of judicial review in the context of zoning decisions, and analyzes the need for planning. Professor Ziegler concludes that better utilization of regulatory authority and an emphasis on planning would provide a better framework for local communities to have zoning classifications sustained on review.

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Luncheon Address, Lawrence B. Christmas Jul 1992

Luncheon Address, Lawrence B. Christmas

Northern Illinois University Law Review

The speaker reviews the recommendations for correcting Illinois land use policy made by major municipalities in northeastern Illinois. The Northeastern Illinois Planning Commission recruited volunteers to form five task forces for the purpose of developing a new plan. The author notes the areas of the new plan that call for legislative action and questions whether Illinois will move toward planning at the state and regional levels.

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Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne Jul 1992

Panel Discussion, Richard Babcock, Barbara Flynn Currie, Jack M. Siegel, Charles L. Siemon, Clyde W. Forrest, Arthur L. Dunne

Northern Illinois University Law Review

The final session of the symposium produced lively discussion among panel participants and the audience. The panel members addressed the practical implications of land use law from the view of developers, academicians, judges and legislators.

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Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz Jul 1992

Metropolitan Public Housing Desegregation Remedies: Chicago's Privatization Program, Leonard S. Rubinowitz

Northern Illinois University Law Review

This article examines the opportunities and constraints encountered in attempts to provide housing for low-income Black families through the Gautreaux program. This examination begins with an analysis of the violation and remedy in both the Chicago Housing Authority and Housing and Urban Development cases. Professor Rubinowitz then reports on the implementation of the Gautreaux program over the last fifteen years, discussing the reasons why interest in the program grew and why the supply of housing available to these families did not.

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When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody Jul 1992

When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody

Northern Illinois University Law Review

This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …

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Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus Jul 1992

Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus

Law and Contemporary Problems

Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.

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Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr. Jul 1992

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

Law and Contemporary Problems

Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.

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Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki Jul 1992

Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki

Law and Contemporary Problems

The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.

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The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk Jul 1992

The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk

Law and Contemporary Problems

A normative analysis of paperless letters of credit that will categorize the various transactions and delineate the boundaries and relative standing of the competing sets of rules is now appropriate. The analysis will suggest when an official rule is needed and what its character should be.

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Shadowboxing: An Essay On Power , Richard Delgado May 1992

Shadowboxing: An Essay On Power , Richard Delgado

Cornell Law Review

No abstract provided.

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Diminishing Marginal Utility Of Income And Progressive Taxation: A Critique Of The Uneasy Case, Mark S. Stein May 1992

Diminishing Marginal Utility Of Income And Progressive Taxation: A Critique Of The Uneasy Case, Mark S. Stein

Northern Illinois University Law Review

A recurring issue in law, economics and politics is how progressive the tax system should be. In 'The Uneasy Case for Progressive Taxation,' a famous article of forty years ago, the authors pronounced themselves unconvinced by arguments for progressive taxation. In this article, Mark Stein contends that 'The Uneasy Case's' uneasiness is based on a faulty analysis of whether income has diminishing marginal utility.

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Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift May 1992

Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift

Northern Illinois University Law Review

In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have …

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The Hidden Gender Of Law, Christine Boyle May 1992

The Hidden Gender Of Law, Christine Boyle

Dalhousie Law Journal

Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …

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Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller May 1992

Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller

Northern Illinois University Law Review

In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.

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California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello May 1992

California V. Hodari D.: The Demise Of The Reasonable Person Test In Fourth Amendment Analysis, Patrick T. Costello

Northern Illinois University Law Review

This note examines the United Supreme Court decision which reexamined the point at which a police-citizen encounter becomes a seizure under the Fourth Amendment. The Court concluded that a police-citizen encounter becomes a seizure only when the citizen yields to the show of police authority. The author contends that the Court's definition of a seizure alters, if not disposes of, the former definition, which defined seizure as the point at which a reasonable person, faced with a show of authority, no longer feels free to leave.

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Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone May 1992

Current Challenges To Free Expression: A New Age Of Repression?, Geoffrey R. Stone

Northern Illinois University Law Review

In this essay, Dean Stone describes three examples of recent challenges to the principle of free expression. Addressing such diverse challenges as Jerry Falwell's dispute with Hustler Magazine and the University of Michigan's prohibition of "hate speech," Stone suggests that there may be dawning a new age of repression. In the final analysis, though, Stone is unable to conclude such a new age is upon us. The challenges may represent a last-ditch effort to forestall the virtually complete abolition of governmentally-enforced standards of decency and civility in public discourse.

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Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson May 1992

Edmonson V. Leesville Concrete Co.: Reasoned Or Result Oriented Jurisprudence?, Frederick V. Olson

Northern Illinois University Law Review

This note examines the United States Supreme Court decision finding a private litigant's use of peremptory challenges to exclude jurors on account of race in a civil case constituted "state action" and violated the excluded jurors' equal protection rights. The author examines the Court's decision and concludes that the finding of "state action" was not based on reasoned jurisprudence.

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Book Review: The Law And Regulation Of International Finance, Ian F.G. Baxter May 1992

Book Review: The Law And Regulation Of International Finance, Ian F.G. Baxter

Vanderbilt Journal of Transnational Law

The Law of International Finance, as its opening states, revolves around "the law and regulation affecting the raising of finance in the international financial markets." Thus, the book is about a very specialized area of finance and law-an area that has come into prominence, or even existence, only during the last two decades. As a solicitor in a large London firm that does substantial work related to financial business in the London international capital markets, Ravi Tennekoon has had considerable practical experience in legal work related to Eurobond issues and transactions and international syndications. London is, of course, the main …

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The Casey Conundrum, Bruce Ledewitz Apr 1992

The Casey Conundrum, Bruce Ledewitz

Ledewitz Papers

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

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Mid-Atlantic Ethics Committee Newsletter, Spring 1992 Apr 1992

Mid-Atlantic Ethics Committee Newsletter, Spring 1992

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

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The Nova Lawyer, Spring 1992, Volume 6, Number 2, Nova University - Shepard Broad Law Center Apr 1992

The Nova Lawyer, Spring 1992, Volume 6, Number 2, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

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A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley Apr 1992

A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley

Scholarly Works

No abstract provided.

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505 And All That—The Defendant’S Dilemma, Peter Jaszi Apr 1992

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Law and Contemporary Problems

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.

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Originality And Creativity In Copyright Law, Howard B. Abrams Apr 1992

Originality And Creativity In Copyright Law, Howard B. Abrams

Law and Contemporary Problems

Copyright law can be broadly viewed as a system that seeks an appropriate balance between the rights of authors and publishers with the rights of users and consumers. The case of "Feist Publications Inc vs Rural Telephone Service Co" is discussed.

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Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon Apr 1992

Reality As Artifact: From Feist To Fair Use, Wendy J. Gordon

Law and Contemporary Problems

The Supreme Court case "Feist Publications Inc vs Rural Telephone Service Co" is examined. Although the court's decision was correct, its reasoning is deeply flawed.

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Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown Apr 1992

Civil Remedies For Intellectual Property Invasions: Themes And Variations, Ralph S. Brown

Law and Contemporary Problems

The remedial schemes involved in intellectual property cases are examined, including preliminary injunction relief, permanent injunctions and monetary remedies.

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