Law Commons^™

Law, Lawyers, And Legal Practice In Silicon Valley: A Preliminary Report, Lawrence M. Friedman, Robert W. Gordon, Sophie Pirie, Edwin Whatley

Indiana Law Journal

The Growth of Large Law Firms and Its Effect on the Legal Profession and Legal Education, Symposium

Law And Tokelau, A. H. Angelo, Hosea Kirifi, Andie Fong Toy

Pacific Studies

No abstract provided.

Employment At Will In Illinois - Has The Employer Been Forgotten?, Walter W. Timm

Northern Illinois University Law Review

This Comment discusses the status of the doctrine of employment at will in Illinois particularly as it relates to the employer in the wake of the Illinois Supreme Court decision in Duldulao v. St. Mary of Nazareth Hospital Center. A recommendation is made that further erosion should be minimized and that, to that end, the Illinois General Assembly should clarify pertinent terminology.

Evolving Disclosure Practices And Standards Affecting Tax-Exempt Bonds Issued For The Nonprofit Health Care Industry, Robert J. Zimmerman, Daniel J. Rieken

Northern Illinois University Law Review

This Article addresses the effects of increasingly stringent disclosure standards under securities laws as such standards affect capital generation by the not for profit health care industry. Recently promulgated Securities and Exchange Commission Rule 15c2-12 and voluntary disclosure standards are analyzed and applied to the health care tax exempt securities transaction. The authors conclude that the health care industry must accept the need for more extensive disclosure than has been the practice.

Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher, Thomas N. Osran

Northern Illinois University Law Review

This Legislative Note discusses the new Illinois Drug Induced Homicide Statute that went into effect January 1, 1989. The Note traces the common law history of imposing homicide liability on drug suppliers for drug-related deaths and compares the Illinois statute with eleven other state statutes creating this type of homicide liability. The Note suggests ways the legislature or judiciary could clarify the statute through amendment or interpretation.

The Dilemma Of Chance In Medical Malpractice: Should Illinois Recognize A New Cause Of Action For "Lost Chance" Of Survivability?, Jeffrey L. Benson

Northern Illinois University Law Review

This Comment examines the elements of causation and valuation in medical malpractice actions where a physician's negligence reduced his/her patient's chances of recovering from a pre-existing illness and direct proof of causation is unavailable. The Comment focuses on current Illinois case law regarding "lost chance" of survival and advocates that Illinois adopt a new cause of action which would compensate plaintiffs for this loss on a proportional basis that would reflect the magnitude of the diminished possibility of recovery.

Voluntary Dismissals In Illinois, Robert G. Johnston, Lain D. Johnston

Northern Illinois University Law Review

This Article analyzes the practice of plaintiff's motions for voluntary dismissals in Illinois Courts, both state through Illinois Code of Civil Procedure Section 2-1009 and Federal through Federal Rule of Civil Procedure 41. Many commentators have said that there has been abuse of voluntary dismissals in Illinois state courts. Thus, because the Federal Rule gives the trial judge more discretion in denying voluntary dismissals, these commentators have argued for an adoption of a state rule (procedure) which is more similar to the Federal rule. This Article compares the practice and standard of the two provisions and concludes that no such …

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

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

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

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

Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters

Northern Illinois University Law Review

This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.

Attorney Fee Shifting: The Sanctioning Power Of Section 1927 Of Title 28, United States Code, James A. Wright

Northern Illinois University Law Review

This Comment examines the shifting of attorneys' fees under the courts' inherent power, Federal Rule of Procedure 11, and 28 United States Code, Section 1927. The Comment concludes that the power to sanction is non-uniform and weak. The Comment advocates a statutory interpretation of Section 1927 that supplies courts with the power to sanction attorneys for subjective as well as objective misconduct. Under this interpretation, the courts are given the comprehensive power to shift attorneys' fees.

"The Divorce Revolution" Revisited: A Counter-Revolutionary Critique, Jed H. Abraham

Northern Illinois University Law Review

This Article is an extensive critique of Lenore J. Weitzman's The Divorce Revolution. Mr. Abraham generally questions the reliability of Weitzman's research data and Weitzman's contention that no-fault divorce statutes and the law of equitable distribution of marital property allow a husband to abandon a marriage with no "penalty" other than a half share of marital property together with meager support obligations, yet retain the most productive "'family" asset: his career.

Generalizing From Facts In Predicting Court Cases, Stuart S. Nagel

Northern Illinois University Law Review

This Commentary illustrates how case outcomes and damages can be predicted through the use of simple averaging procedures. The process involves an estimation of probabilities of victory and damages likely to be awarded for each relevant factual matter, and then a calculation of an average estimate used to obtain an overall victory probability and probable damages, This Commentary applies the Policy/Goal Procedure (P/G%) decision-aiding software for attorneys, which was lauded by the Supreme Court in Ballew v. Georgia, through concrete examples.

Rico And The Rule Of Lenity, Ellsworth A. Van Graafeiland

Northern Illinois University Law Review

Since its enactment in 1970, RICO has been somewhat problematic in its application. This Commentary explores some of the interpretational problems encountered by federal courts regarding certain RICO provisions from the perspective of a Judge for the Second Circuit Court of Appeals. The Commentary contends that, although Congress intended the law to be liberally construed, the statute's ambiguity demands strict construction in favor of lenity.

The Illinois Mortgage Foreclosure Act And Installment Contracts: Filling In The Gaps, Robert Kratovil

Northern Illinois University Law Review

This Commentary examines the new Illinois Mortgage Foreclosure Act as it relates to installment contracts. The Commentary is intended as a practical guide to complying with paragraph 15-1106 of the Act by filling in the gaps between current real estate contract forms and what is required by the statute.

U.C.C. Section 2-702(2): A Unsecured Seller's Right To Reclaim Goods, William C. Sturm

Northern Illinois University Law Review

This Article is an analysis of the commercial setting in which a seller ships goods to a purchaser on credit and later discovers the buyer is insolvent. Under the Uniform Commercial Code, a possibility exists that the seller can recover the goods. This Article explores the rights and remedies available to the seller, and examines the problematic history of Uniform Commercial Code Section 2-702(2) as it relates to this problem.

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

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

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

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

The Status Of Customary International Law, Treaties, Agreements And Semi-Official Or Unofficial Agreements In Chinese Law, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Cautionary Lessons From American Securities Arbitration: Litigation Versus Arbitration, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

In the United States, it is now quite common for lawyers and others to bemoan what is often referred to as 'the litigation crisis. ' No less an authority than former Chief Justice Warren Burger has long complained that American courts 'have become overburdened' by too may lawsuits... Similarly, the Report of the prestigious American Bar Association's Commission on Professionalism recommends expanded use of arbitration in lieu of a norrnal trial before a judge and lay jury. There should be no rush to judgment favouring arbitration. In the first place, it is not at all clear that there is a …

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

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

Book Review: International Handbook On Contracts Of Employment. Edited By John S. Bradley And Brian Youngman, With A Foreword By John R. Salter., Fran Ansley

Scholarly Works

No abstract provided.

Speaking With Forked Tongues: Mercantilism, Telecommunications Regulation, And International Trade, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Living Without Rights-- In Manners, Religion, And Law, Richard Stith

Law Faculty Publications

No abstract provided.

A Tribute To Eugene F. Scoles, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Transcendental Nonsense, Metaphoric Reasoning, And The Cognitive Stakes For Law, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Zig-Zag Stitching And The Seamless Web: Thoughts On "Reproduction" And The Law*, Marie Ashe

Nova Law Review

Whenever I read law relating to women and motherhood, I find myself sickened.

Survey Of Recent Florida Labor And Employment Law, John E. Sanchez

Nova Law Review

In the last year or so, state and federal courts have decided a variety of cases in the areas of labor and employment under Florida law.

The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander

Faculty Publications

Empirical research on the practical effects of the attorney-client privilege in the corporate context has been almost nonexistent. This Article seeks to help fill the gap by synthesizing traditional doctrinal analysis with the results of a survey of individuals with first-hand information about the subject: corporate attorneys, corporate management, and federal judges and magistrates. The survey, which consisted of 182 interviews in New York City, produced a broad range of information about some of the assumptions underlying the corporate privilege, the forms and processes of corporate attorney-client communications and the adjudication of privilege claims.

Listening To Tribal Legends: An Essay On Law And The Scientific Method, Nancy Levit

Faculty Works

Much of jurisprudence is storytelling, recounting tales of what has gone before; improvising and crafting new stories of legal theory from old ones. Useful kernels are passed from one generation of legal thinkers to the next. Like tribal legends, the messages in many stories of jurisprudence can be understood only by a select audience. Legends often come with morals; theories of jurisprudence often impart prescription for living within the law. Jurisprudence, like legends, concerns fundamental issues, confronts cosmic questions and weaves in magic. Sometimes both possess humor as well.

Unfortunately, some modern versions of jurisprudential theories have become anecdotal. The …