Law Commons^™

The Bible Annotated: Use Of The Bible In Reported American Decisions, J. Michael Medina

Northern Illinois University Law Review

This annotation is a collection of biblical citations in American court opinions where the court or judge directly cited a biblical passage. The author compiled these cases which utilize biblical authority from extensive searches conducted on Westlaw.

The Probative Weight Of The "Mainstreaming" Requirement Under The Eha, Linda S. Abrahamson

Northern Illinois University Law Review

This comment examines the case law which has developed around the "mainstreaming" provision of the EHA. It focuses on the fact that placement decisions made by school districts are nearly always upheld, regardless of the desires of parents or handicapped students. The author contends that this inequity does not properly respect the role of parents under the EHA, as advocates for their handicapped children. The author concludes by developing a factor test to determine the appropriate placement for a handicapped student when the degree of mainstreaming is the only issue before a reviewing court.

Collective Bargaining Units In The Health Care Industry: The Nlrb And Rulemaking, Rhonda Ferrero-Patten

Northern Illinois University Law Review

This comment examines the newly promulgated rule by the National Labor Relations Board which states that there are eight presumptively appropriate bargaining units for the health care industry. The history of the National Labor Relations Act and the unique nature of the hospital setting are considered in the context of employee unionization. This comment explores the validity of the NLRB's rule and concludes that there is sound analytical foundation for the continuation of the units, and that each is appropriate in the context of the health care environment.

Judicial Enforcement Of The Right To An Equal Education In Illinois, Michael P. Seng, Michael Booden

Northern Illinois University Law Review

In Brown v. Board of Educ., the United States Supreme Court recognized that "education is perhaps the most important function of state and local governments." However, despite this declaration of policy, the Court has not played an affirmative role in assuring that all children have equal education opportunity, regardless of economic or social status. The rest of the federal government has been equally uninterested in enforcing the policy so clearly enunciated in Brown. Unfortunately, Illinois government has done no more than its federal counterpart to ensure that its citizens have equal educational opportunities. This article analyzes federal and Illinois case …

Agenda: The Law Of International Water Courses: The United Nations International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Natural Resources Law Center, American Bar Association. Section Of International Law And Practice. International Environmental Law Committee, American Society Of International Law. Panel On State Responsibility, United Nations. International Law Commission

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

Colloquium organizers, committee members and/or moderators included University of Colorado School of Law professors Daniel Magraw, James N. Corbridge, Jr. and Lawrence J. MacDonnell (Director, Natural Resources Law Center).

The United Nations International Law Commission has drafted new rules on the non-navigational uses of international watercourses. University of Colorado Law Professor Daniel Magraw has organized a colloquium to review these draft rules on October 18, 1991, sponsored jointly by the Panel on State Responsibility of the American Society of International Law, the University of Colorado School of Law, and the International Environmental Law Committee of the ABA's Section of International …

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.

“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

18 pages.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

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

The Nova Lawyer, Fall 1991, Volume 5, Number 2, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Checks Without Balance: Executive Office Oversight Of The Environmental Protection Agency, Robert V. Percival

Law and Contemporary Problems

The tension between the rule of law and the politics of regulation reflected in oversight by the Executive Office of the President of the EPA. The presidential use of regulatory review and the congressional responses it has provoked pose new challenges to theories of the impact of separation of powers on federal policymaking.

Epa And The Courts: Twenty Years Of Law And Politics, Robert Glicksman, Christopher H. Schroeder

Law and Contemporary Problems

The relationship between the EPA and the federal courts during the first 20 years of the EPA is examined, with concentration on the Court of Appeals for the District of Columbia Circuit, which hears the majority of challenges to major EPA decisions.

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

Duke Law Journal

No abstract provided.

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

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

United States Telecommunications Trade Policy: Critique And Suggestions, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Stallman V. Youngquist "No, You Can't Sue Mommy In Illinois:" The Illinois Supreme Court Rejects Maternal Prenatal Civil Liability, Joseph S. Badger

Northern Illinois University Law Review

This note examines the Illinois Supreme Court case which decided whether a mother could be held liable to her child for negligent infliction of prenatal injuries. This case pitted the interests of a fetus in being born with a sound mind and body against a mother's right to personal autonomy. After weighing the merits of these competing claims, and assessing the implications of an opposite conclusion, the supreme court held that the rights of the mother were superior to the interests of her fetus. This note explores the soundness of the court's decision to reject maternal prenatal civil liability and …

Testing The Hand That Bites You: Johnetta J. V. The Municipal Court: Mandatory Aids Testing, And The Fourth Amendment, Paul T. Whitcombe

Northern Illinois University Law Review

One type of response to the current AIDS crises has been to authorize mandatory testing of private individuals for HIV in certain circumstances that give rise to fear of transmission, such as a biting or spitting incident, even without reason to believe the attacker may be an AIDS carrier.

Comment On Peterson And Selvin, Lea Brilmayer

Law and Contemporary Problems

A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.

Michigan Department Of State Police V. Sitz: Suspicionless Seizures And The Fourth Amendment, Jill W. Broderick

Northern Illinois University Law Review

This note examines the United States Supreme Court decision upholding the constitutionality of sobriety roadblocks. The issue facing the Court was whether the initial stop of motorists passing through a sobriety roadblock and the associated preliminary questioning and observation by police officers violated the fourth amendment prohibition against unreasonable searches and seizures. The Court held that the initial stop and questioning at sobriety roadblocks did not violate the fourth amendment. This note analyzes the evolution of suspicionless seizures and concludes that because roadblocks subject drivers to seizure without probable cause or reasonable suspicion, their constitutionality under the fourth amendment is …

Aids And The Criminal Justice System: An Annotated Bibliography, John R. Austin, Rebecca S. Trammell

Northern Illinois University Law Review

Part I of this bibliography collects and annotates articles and books that discuss the legal issues that grow out of the impact of HIV infection and disease on the criminal justice system and the criminal law. Part II describes on-line databases, loose-leaf services, periodicals and bibliographies that would also be of interest to the researcher in this area.

Aids And The Federal Bureau Of Prisons: A Unique Challenge, Richard S. Wilbur

Northern Illinois University Law Review

275 This article reviews the medical nature of AIDS and the effect AIDS has on the changing legal climate in the United States regarding privacy and confidentiality. The author details the uniqueness of AIDS and the problems and responses of the Federal Bureau of Prisons to this late 20th Century epidemic.

Aids In Jail, Howard Messing

Northern Illinois University Law Review

The first American institution forced to face the AIDS epidemic and which served as a testing ground for institutional responses to AIDS was the jail. The response of the jail systems and the case law surrounding these responses discussed in this article will be informative in shaping and reviewing the responses of other institutions to the AIDS crisis.

Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman

Northern Illinois University Law Review

This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.

The Scope Of Attorney Advertising In Illinois, Robert J. Franco, Anne Scheitlin Johnson

Northern Illinois University Law Review

Attorneys have long been allowed to advertise their services, with restrictions. With the extension of constitutional protection to commercial free speech, the professions were given access to marketing techniques which were formerly unknown. Once the toehold had been established, it was not long until commercial free speech was extended to attorney advertising.

Urinalysis Drug Testing Of Employees At Will: The Need For Mandatory Standards, Shane J. Osowski

Northern Illinois University Law Review

This comment examines the existing practice of urinalysis drug testing of employees at will. The comment focuses on the large amount of discretion that private employers currently have, and the potential ramifications that abuse of this discretion can have on employees. A recommendation is made to enact uniform federal legislation and apply existing federal employer guidelines to private employers as well.