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Articles 5701 - 5730 of 6238

Full-Text Articles in Law

In Defence Of Poesie, Michael L. Richmond Jan 1989

In Defence Of Poesie, Michael L. Richmond

Fordham Law Review

No abstract provided.

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Seasoned To The Use, Carol Sanger Jan 1989

Seasoned To The Use, Carol Sanger

Faculty Scholarship

Two recent novels, Presumed Innocent and The Good Mother, have more in common than critical success, longevity on best-seller lists and big-name movie adaptations. Both books are about law: Presumed Innocent is a tale of murder in the big city; The Good Mother is the story of a custody fight over a little girl. Central characters in both books are lawyers. Turow is a lawyer, and Miller thanks lawyers. While the books could be classified in other ways – Presumed Innocent as mystery, The Good Mother as women's fiction – each meets a suggested genre specification of a legal novel: …

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Table Of Contents Jan 1989

Table Of Contents

Touro Law Review

No abstract provided.

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Table Of Contents Jan 1989

Table Of Contents

Touro Law Review

No abstract provided.

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Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz Dec 1988

Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz

Ledewitz Papers

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

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Live Free Or Die: Perceptions About Law Students, Irving E. Fasan Nov 1988

Live Free Or Die: Perceptions About Law Students, Irving E. Fasan

Northern Illinois University Law Review

This Commentary explores the differences in medical and legal education to highlight some of the problems with the current legal teaching method. Specifically, this Commentary examines how and why the systematic training of a lawyer is inferior to that of a doctor in several ways. The author generally questions the adequacy of the current legal teaching method and how it effects law students' perceptions of themselves. This Commentary identifies the problem while its companion piece offers a solution.

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Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams Nov 1988

Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams

Northern Illinois University Law Review

This Note examines the viability of allowing federal courts to consider the state's interest in public safety as a means of continuing the incarceration of a successful habeas corpus petitioner pending appeal. An analysis of Hilton v. Braunskill shows that the guidelines adopted by the Supreme Court to determine when continued incarceration is permissible fail to adequately balance competing state individual interests thereby denying liberty to persons whose state conviction has been rendered void.

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An Independent Judiciary: Bulwark Of The Constitution, William H. Rehnquist Nov 1988

An Independent Judiciary: Bulwark Of The Constitution, William H. Rehnquist

Northern Illinois University Law Review

This Article is the text of a speech given by Chief Justice Rehnquist in celebration of the Bicentennial of the United States Constitution. The Article explores the history of the Constitution in light of the political environment of the time. Similar documents which existed in certain European countries at this time are compared and contrasted to the Constitution. The focal point of the comparison is an illumination of the importance of the Constitution's provision for an independent judiciary--the unique mechanism by which the rights of individuals are enforced.

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Rethinking Tison V. Arizona, Michael T. Barrett Nov 1988

Rethinking Tison V. Arizona, Michael T. Barrett

Northern Illinois University Law Review

This Note traces the numerous cases leading to the development of modern proportionality analysis pursuant to the eighth amendment's Cruel and Unusual Punishment Clause. An analysis of Tison v. Arizona follows, concluding the conduction of proportionality analysis in Tison was not only inconsistent with the generic analysis conducted in prior cases, but contrary to the underlying purpose of such analysis. This Note lastly explores the possible adverse consequences Tison has on death sentencing and the doctrine of stare decisis.

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Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler Nov 1988

Student Vandalism And Public Schools: The Scope Of The Illinois Educators' Directive To Discipline, Donald Shawler

Northern Illinois University Law Review

Following a brief review of the costs that student vandalism imposes upon society, and the history of discipline in public education, this Article turns to a discussion of the part due process considerations must play in Illinois school officials' decisions to suspend or expel pupils. Despite both procedural and substantive guarantees for students, the power to decisively act against vandals threatening to impede the educational process remains broad. An appendix to the Article sets forth a proposed regulation to assist educators in dealing with student vandals.

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The Sale-Of-Control Premium-Bribe: Recoupment In Advance: A Case Study, David Cowan Bayne Nov 1988

The Sale-Of-Control Premium-Bribe: Recoupment In Advance: A Case Study, David Cowan Bayne

Northern Illinois University Law Review

The illegal sale of corporate control has continued unabated over the decades. As early as 1969 Father Bayne uncovered an esoteric variant on the bald bribery into corporate control. This would be controleur, instead of using his own premium-bribe dollars, simply loots the target company treasury and uses the victim's cash to premium-bribe the incumbent out of office. This Article was written as Plaintiff's Brief in a state/federal litigation and is reproduced verbatim in its original format. This legal study should be valuable to client and counsel facing a sale of control or preparing for litigation, and to scholar and …

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Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda Nov 1988

Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda

Northern Illinois University Law Review

This Note examines two major Supreme Court cases addressing the conflict between federal and state law governing the use of the tender offer. Congress intended to protect the individual shareholder in making a decision whether to tender shares with voting rights, while balancing the legitimate interests of incumbent management and tender offerors. The Court upset this balance by upholding Indiana's Control Shares Acquisition Act as constitutional in the second of these two cases. This Note will highlight the inconsistencies between the cases, explain the present effect of both, and suggest an approach for states considering the adoption of takeover legislation.

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If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan Nov 1988

If Wishes Were Horses: Reflections Without Footnotes On Legal Education, Irving E. Fasan

Northern Illinois University Law Review

This Commentary suggests a solution to the problems with legal education which the author identifies. The author promotes patterning legal education on either the teaching method employed in the field of accounting or medicine. Each approach emphasizes a broader based legal education with more concentration on the practical learning experience. This Commentary culminates by offering a possible way to reform rather than replace the current system of training lawyers.

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Always A Borrower: Law And Other Disciplines, Phillip Areeda Nov 1988

Always A Borrower: Law And Other Disciplines, Phillip Areeda

Duke Law Journal

No abstract provided.

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The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek Oct 1988

The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek

Law and Contemporary Problems

No abstract provided.

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Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz Sep 1988

Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz

Ledewitz Papers

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

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Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

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

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Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

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

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The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson Jul 1988

The Education Article Of The 1970 Constitution: Selected Policy Issues For Consideration And Debate At The Next Constitutional Convention, Douglas Anderson

Northern Illinois University Law Review

The Education Article of the Illinois State Constitution, Article X, is one of the briefest in the document. Yet it deals with a subject which is of paramount importance to our society: the development of future generations of citizens--those who will be responsible for our democratic way of life, our culture in all its diversity, and the preservation and evolution of those values which underpin our society. This essay will devote its attention to Section 1, for statements of purpose and policy are often those most subject to ambiguity (deliberate or otherwise), to potential misinterpretation, and to the continued need …

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Foreword, Leonard P. Strickman Jul 1988

Foreword, Leonard P. Strickman

Northern Illinois University Law Review

No abstract provided.

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From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford Jul 1988

From Judicial Election To Merit Selection: A Time For Change In Illinois, Nancy Ford

Northern Illinois University Law Review

This Article focuses on one of the paramount issues surrounding the 1970 Constitution. Illinois' current method of selecting judges by election is compared to selection by appointment. The Article analyzes the quality, accountability and independence of judges under both methods. While finding relatively little difference in quality or accountability under either system, the article concludes that greater judicial independence calls for a change to some form of appointive merit selection.

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Introduction, Samuel W. Witwer Jul 1988

Introduction, Samuel W. Witwer

Northern Illinois University Law Review

No abstract provided.

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Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine Jul 1988

Limits On State Taxation And Spending: Implications For The Illinois Constitutional Convention Referendum, J. Fred Giertz, David L. Chicoine

Northern Illinois University Law Review

This Article considers the use of constitutional restraints on the state's power to tax and spend. The Article examines the effects of both traditional and specific limitations, and analyzes government growth rates, concluding that the traditional measures already in place in Illinois are adequate to control the size of state government without unduly restricting the state's ability to perform necessary governmental functions.

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The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin Jul 1988

The 1970 Illinois Constitution: Has It Made A Difference?, Ann Lousin

Northern Illinois University Law Review

This Article provides an extensive overview of the 1970 Illinois Constitution dividing the document into ten topic areas. The Article explores the history, philosophy and politics which shaped the document, identifies most, if not all, of the important issues concerning the current Illinois Constitution, and analyzes its effectiveness in the years since its adoption in 1970.

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A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg Jul 1988

A Search For Accountability: Judicial Discipline Under The Judicial Article Of The 1970 Illinois Constitution, Pinky Wassenberg

Northern Illinois University Law Review

This Article addresses the authority of the Illinois Judicial Inquiry Board and the Illinois Courts Commission created by the 1970 Illinois Constitution. The Article focuses on the limitations placed on the authority of the Board and the Commission by the Illinois Supreme Court in the Harrod v. Illinois Courts Commission case, as well as the issue of who should be the final arbiter in matters concerning judicial discipline.

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Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty Jul 1988

Illinois Home Rule And Taxation: A New Approach To Local Government Enabling Authority, James M. Banovetz, Thomas W. Kelty

Northern Illinois University Law Review

This Article examines and assesses the use of the home rule powers which were granted to local governments by the 1970 Constitution. Focusing primarily on the power of taxation, the Article notes that the use of the home rule powers has been restrained and generally successful. The Article points to narrow judicial reactions, however, which may conflict with the apparent intent of the constitution's drafters to grant broad authority to local government under the home rule powers.

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Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller Jul 1988

Increased And Accessible Illinois Judicial Rulemaking, Jeffrey A. Parness, Bruce Elliot Keller

Northern Illinois University Law Review

This Article discusses the problems which result from vesting the authority for making procedural rules governing the Illinois courts in both the General Assembly and the Illinois Supreme Court. After examining the constitutional history and applying policy rationales, the Article suggests that the constitution should give various types of primary authority for judicial rulemaking to the judiciary, with only secondary authority afforded to the legislature.

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Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk Jul 1988

Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk

Northern Illinois University Law Review

This Article considers the controversy surrounding the governor's power of amendatory veto as provided in the 1970 Constitution, and whether this gives the governor too much power over pending legislation. The Article details the history and debate which led to the inclusion of this provision in the current constitutional document, explores the ways the amendatory veto has been used, and describes the ongoing battle between the legislature and the governor concerning its use. The Article concludes that procedural changes in the manner in which the power is used will result in a better balance between the two branches of government.

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The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin Jul 1988

The 1970 Illinois Constitution: The First Two Decades--A Selected Bibliography, Ann Lousin

Northern Illinois University Law Review

No abstract provided.

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The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk Jul 1988

The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk

Northern Illinois University Law Review

Adapted from remarks presented at the annual joint meeting of the Illinois State Bar Association and the Illinois Judges Association in October, 1987, this Article emphasizes the important role state constitutions can play as an adjunct to the United States Constitution in protecting individual rights.

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