Law Commons^™

Aids, Race, And The Law: The Social Construction Of Disease, Norman Nickens

Nova Law Review

The existing literature on AIDS and the law has been largely silent on the issue of Acquired Immunodeficiency Syndrome (AIDS) in minority communities, despite the disproportionate impact of AIDS upon these communities, and despite the fact that the "literature on behavior change suggests the importance of considering sociocultural and psychological characteristics of a population in the promotion of certain health behaviors and practices."

A Test For Freedom: The Cuban Missile Crisis Revisited, Todd Cranshaw

St. Thomas Law Review

No abstract provided.

Discussion: The Classical Theory Of Law

Cornell Law Review

No abstract provided.

Jurisprudential Responses To Legal Realism , Richard Posner

Cornell Law Review

No abstract provided.

Jurisprudential Responses To Legal Realism , Charles Fried

Cornell Law Review

No abstract provided.

Discussion: Jurisprudential Responses To Legal Realism

Cornell Law Review

No abstract provided.

Property, James J. Brown

Nova Law Review

The cases in this survey of Florida property law were published during the period of the latter half of 1986 to the Fall of 1987.

Taking Out The Old And Bringing In The New: The Effect Of The Uniform Fraudulent Transfer Act On Florida Fraudulent Conveyance Law, Pamela M. Lund

Nova Law Review

Spring cleaning at the first regular session of the 1987 Florida legislature resulted in the scrapping of three statutes regarding fraudulent conveyances and the adopting of the Uniform Fraudulent Transfer Act in their place.

Why Law Professors Should Not Be Hessian-Trainers, Robert M. Jarvis

Nova Law Review

In his thoughtful remarks on the current state of legal scholarship, Professor Clark Byse touches on many of the questions which today surround legal education.

Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard Weisberg

Nova Law Review

Two dates mark the renewal of Law and Literature studies in the 20th century,

Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn

Articles & Book Chapters

There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …

Table Of Contents

Touro Law Review

No abstract provided.

Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg

Faculty Scholarship

Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.

Suits against …

Rationality - And The Irrational Underinclusiveness Of The Civil Rights Laws, Peter Brandon Bayer

Scholarly Works

Congress has enacted a series of civil rights laws designed to protect individuals from public an private forms of irrational discrimination. To be lawful, such civil rights statutes must conform with the definition of rationality required by the Fifth and Fourteenth Amendments. Yet, in one fashion, these statutes are as irrational as the behavior they seek to control. The statutes protect only certain classes of individuals in limited instances. This article argues that the existing civil rights laws, although integral to a free society, are but a first step. The statute will never be fully rational, never completely fair, until …

Table Of Contents

Touro Law Review

No abstract provided.

Edna Louis Dunn Trust V. Commissioner: A Movement From The 5 Year Rule To The Device Clause Under Section 355, Delaine Frangos

Northern Illinois University Law Review

An examination of Dunn Trust v. Commissioner, wherein the Supreme Court refused to expand the 5-year rule of section 355 to encompass an indirect distribution. This narrow application of the 5-year rule shifts emphasis to the device clause, the more appropriate provision for evaluating sham separations.

Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody

Northern Illinois University Law Review

This Comment explores the modern development of the "regulatory takings" doctrine, and the analytical confusion which has resulted from the United States Supreme Court's current fifth amendment taking clause analysis. This Comment concludes that the analytical framework within which all the relevant inquiries can best be incorporated mandates the development of a modified substantive due process police power analysis for regulatory takings cases.

Defendant Class Certification: The Difficulties Under Rule 23(B)(2) And The Rule 65(D) Solution, Diane Terrell

Northern Illinois University Law Review

This Comment examines the difficulties of certifying a defendant class under the Federal Rules of Civil Procedure 23(b)(2) and the various approaches courts have taken to certify, or refuse to certify, those defendant classes. This Comment concludes that under normal circumstances, the plain language of Rule 23(b)(2) precludes the certification of defendant classes. However, the Comment further concludes that under limited circumstances Rule 65(d) may be used by a plaintiff to obtain injunctive relief which will bind unnamed defendant parties.

Even A Tax Collector Should Have Some Heart: Equitable Relief For The Innocent Spouse Under I.R.C. § 6013(E), Timothy Philipps, L. Bradford Braford

Northern Illinois University Law Review

This Article examines I.R.C. § 6013(e). The provision is intended to protect an innocent spouse from tax liability where a joint return is filed by one spouse who understates or misstates the joint return's taxable income, through no fault of the innocent spouse. This Article concludes that certain changes in LR.C. § 6013(e) are necessary in order for this provision to provide the equitable relief which all innocent spouses should enjoy.

Mortgage Priority Problems: The New Illinois Mortgage Foreclosure Act And The Impact Of The Uniform Acts, Robert Kratovil

Northern Illinois University Law Review

This Article looks at the New Illinois Mortgage Foreclosure Act as it relates to priority in the foreclosure of construction loans. In addition, the Article explores the impact of the various Uniform Acts on construction loan priority. The Article concludes that Illinois' adoption of the Uniform Commercial Code approach brings Illinois into line with modern thinking in this area of the law.

Ford V. Wainwright: The Eighth Amendment, Due Process, And Insanity On Death Row, Stephen L. Ihm

Northern Illinois University Law Review

Analysis of the Supreme Court opinion which recognized an eighth amendment right not to be executed while insane and a discussion of the possible effect this newly found right will have on due process requirements in state capital punishment procedures.

Joint Tenancy: Notice Of Severance; Mortgages And Survivorship, Taylor Mattis

Northern Illinois University Law Review

This article calls for legislation to address two joint tenancy problems. First, either joint tenant may sever inter vivos and destroy the right of survivorship, without the knowledge of the other. Notice should be required to effectuate a voluntary, unilateral severance, so that survivors will not be surprised. Second, the interest of one joint tenant is not mortgageable as a practical matter, because the lien does not survive the mortgaging joint tenant. To prevent otherwise unnecessary severance to achieve mortgageability, legislation should provide for the survival of the lien if notice is given to the non-mortgaging joint tenant.

Medical Malpractice: Constitutional Implications Of A Cap On Damages, Lisa A. Treviranus

Northern Illinois University Law Review

In an effort to remedy the medical malpractice insurance crisis, a number of states have enacted caps on damages. These caps limit the amount a medical malpractice plaintiff can collect. When. challenged on constitutional grounds, some caps have survived attack while others have been struck down. This comment examines and categorizes the analyses used by state courts which have ruled on the constitutionality of caps on damages. Additionally, this comment suggests criteria which should be reviewed by state legislatures planning to adopt a cap, in an effort to insure that the cap will survive constitutional challenge.

The Law Of Lawyering. By Geoffrey C. Hazard, Jr. And W. William Hodes, Maynard E. Pirsig

Northern Illinois University Law Review

A discussion of the recent treatise on the ABA Model Rules of Professional Conduct. Professor Pirsig, in his review, focuses on the authors' treatment of Rule 1.6 on confidential communications and Rule 1.13 on organization attorneys, comparing the authors' interpretations of those rules to various alternative interpretations.

The Right Of Abortion In Surrogate Motherhood Arrangements, Carmina Y. D'Aversa

Northern Illinois University Law Review

This article examines whether the right of abortion in the surrogate motherhood context is subject to veto or waiver by contract. After reviewing legislative alternatives to vetoing the surrogate's right to abort, the article concludes that artificial womb technology is the ultimate solution to the couple's dilemma in securing a healthy baby.

"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven

Northern Illinois University Law Review

This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.

Lawyers In Business, Justin A. Stanley

Northern Illinois University Law Review

This Article explores a new and interesting question in the area of professional responsibility: How should the legal profession deal with large law firms involved in non-legal businesses? The modern trend in today's large law firms towards offering non-legal financial and real estate investment and counseling services poses some difficult professional responsibility questions which this Article begins to explore. Mr. Stanley concludes that the American Bar Association, or some other appropriate agency, should move quickly to deal with this growing problem before the government takes steps to regulate in this area.

Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris

Northern Illinois University Law Review

This Note discusses the United States Supreme Court decision refusing to infer abuse of prosecutorial discretion in a specific case from a statistical study showing that defendant's whose victims were white are over 4 times more likely to receive a death sentence in the State of Georgia than defendants whose victims were black. This Note concludes that detailed record-keeping by prosecutors in potential capital sentence cases is essential to curbing unevenly-imposed death sentencing.

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

Foreword: Economists On The Bench, Jerome M. Culp

Law and Contemporary Problems

No abstract provided.