Law Commons^™

Civil Forfeiture And Innocent Third Parties, Dennis R. Hewitt

Northern Illinois University Law Review

An examination of the rights of innocent parties whose property is subject to civil forfeiture when used in the commission of an illegal act. The history of forfeiture, the constitutional implications, and various remedies are discussed.

The Bankruptcy Improvements Act -- An Update, Robert E. Ginsberg

Northern Illinois University Law Review

An update on the author's article in Volume 3, Number 1 of the Northern Illinois Law Review which analyzed the proposed Bankruptcy Improvements Act. This article focuses on the proposed Consumer Credit Amendments of the pending Omnibus Bankruptcy Improvements Act of 1983.

The Future Of Government Regulation Of Agriculture: An Introduction, Julian Conrad Juergensmeyer

Northern Illinois University Law Review

An overview of the influence of government regulation on American agriculture.

The Future Of Government Regulation Of Agriculture: Biting The Hand That Feeds Us?, James B. Wadley

Northern Illinois University Law Review

A discussion of the negative implications stemming from current agricultural regulations and their impact on the farming community.

The Future Of Government Regulation Of Agriculture: Implications Of Tax Policy For Agriculture, Neil E. Harl

Northern Illinois University Law Review

An analysis of the impact of tax policies on the structure of agriculture, focusing on the uniqueness of agriculture from a tax perspective and on identified policy concerns.

The Pelham Decision, Attorney Malpractice And Third-Party Nonclient Recovery: The Rise And Fall Of Privity, Patrick Edward Braun

Northern Illinois University Law Review

Theories extending recovery to third-party nonclients for attorney negligence are analyzed with a particular emphasis on the impact of Pelham v. Griesheimer on Illinois law.

Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens

William & Mary Law Review

No abstract provided.

Law At Western: 1968-1982, Philip Slayton

Dalhousie Law Journal

How to assess a decade or more at a law school? Bare facts - the numbers of students and professors, growth in budgets, courses added and dropped, etc. - have the advantage of objectivity (colleagues cannot disagree even were the facts uncongenial), but will leave some important things unsaid. For example, what have been "environmental" advantages and disadvantages, and how has the School responded to them? And what has been the change in the quality of the School's endeavours; especially, has the Faculty become better? These questions -and particularly the second - are not easy to address. A law school's …

Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper

William & Mary Law Review

No abstract provided.

Creditor Process Against Negotiable Notes: The Case For A New Ucc § 3-420, Bruce H. Matson

William & Mary Law Review

No abstract provided.

Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii

William & Mary Law Review

No abstract provided.

A Common Law For The Age Of Statutes. By Guido Calabresi. Cambridge, Massachusetts: Harvard University Press, 1982, Pp. 319. $25.00, Ronald Benton Brown

Nova Law Review

In common law days, the law evolved gradually on a case by case basis as courts applied the general principles to new and different fact situations.

Where Lies Prophecy?, Bruce Ledewitz

Ledewitz Papers

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

Forrest Lacey: A Tribute From A Colleague, Joseph G. Cook

Scholarly Works

No abstract provided.

I.R.C. Section 2518 And The Law Of Disclaimers An Update, Don J. Jaret

Nova Law Review

The Tax Reform Act of 19761 introduced Code section 2518,2

which attempted to create definite standards for a disclaimer to be

valid for federal tax purposes.

Commentary: Taking The Law Firm-Ly Into His Own Hands, Mike Royko

University of Baltimore Law Forum

No abstract provided.

Entrapment: A Review Of The Principles Of Law Governing This Defense As Applied By The Eleventh Circuit Court Of Appeals, David M. Lazarus

Nova Law Review

Certain types of criminal activity are consensual and covert. Hence

they are virtually undetectable without the use of a government

agent or informer.

Anarchy-Law, East-West, North-South, Jonathan Bingham

Case Western Reserve Journal of International Law

No abstract provided.

Aspects Of The Legal, Political And Policy Issues That Will Confront The U.S.-Japan Trading Community During The Remainder Of The 1980'S, William L. Dickey

Case Western Reserve Journal of International Law

No abstract provided.

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …

Defining The Crime Of Excessive Self-Defense: Voluntary Manslaughter In Illinois, John A. Pirko

Northern Illinois University Law Review

The Illinois Criminal Code of 1961 added the concept of "excessive self defense" to the traditional "provoked, irresistible passion" concept considered in the offense of voluntary manslaughter. This comment briefly examines the traditional formulation, then explores why the second formulation was added, and how the courts have interpreted this new offense.

The Proposed Bankruptcy Improvements Act: The Creditors Strike Back, Robert E. Ginsberg

Northern Illinois University Law Review

A comprehensive, critical analysis of the proposed Bankruptcy Improvements Act and the changes it would create in the area of consumer bankruptcy by effectively eliminating the consumer's right to the traditional chapter 7 liquidation bankruptcy proceeding and by requiring mandatory chapter 13 wage earner plans.

A New Place Under The Sun: Prah V. Maretti And Common Law Solar Access Remedies, Theresa Barnes-Pirko

Northern Illinois University Law Review

An analysis of the changing status of common law remedies available for solar users, with particular emphasis in three areas: solar easements, watercourse law, and private nuisance. Possible legal theories for Illinois users are discussed.

Arbitration As A Means Of Protecting Employees From Unjust Dismissal: A Statutory Proposal, Marvin F. Hill Jr.

Northern Illinois University Law Review

An in-depth history of the common law at-will employment doctrine in America and the various statutory, case law and arbitral limitations placed on the at-will rule leads to the author's comprehensive statutory proposal to protect employees from unjust dismissal through an arbitration process.

Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski

Northern Illinois University Law Review

A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.

The Taxation Of Reinvested Corporate Earnings, Richard L. Doernberg

William & Mary Law Review

No abstract provided.

The Tva Air Pollution Conflict: The Dynamics Of Public Law Advocacy, Dean Rivkin

Scholarly Works

No abstract provided.

Des: The Patchwork Quilt Of Tort Law, Sharon C. Brennan

Northern Illinois University Law Review

This Comment will present an overview of the major issues confronting the DES litigant and will analyze the arguments and reasoning of the most significant cases addressing those issues. Common factors upon which the courts tend to base their decisions will be discussed.

Constitutional Chaos: Rodrock V. Security Industrial Bank / Thorp Finance Corporation V. Gifford, Richard L. Merrick

Northern Illinois University Law Review

An extensive analysis of the history of bankruptcy law in order to show that the Rodrock and Gifford decisions were incorrect in their analysis of "value" which exceeded time-honored constitutional and common law limitations.