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Full-Text Articles in Law
When A Statute Comes With A User Manual: Reconciling Textualism And Uniform Acts, Gregory A. Elinson, Robert H. Sitkoff
When A Statute Comes With A User Manual: Reconciling Textualism And Uniform Acts, Gregory A. Elinson, Robert H. Sitkoff
College of Law Faculty Publications
This Article develops an interpretive theory for statutes that originate as Uniform Acts promulgated by the Uniform Law Commission. Although overlooked in the literature on statutory interpretation, state-enacted Uniform Acts are ubiquitous. They shape our life cycles—governing marriage, parentage, divorce, and death—and structure trillions of dollars in daily commercial transactions.
Largely focusing on textualism, today’s dominant form of statutory interpretation, we analyze the interpretive consequences of two unusual features of state-enacted Uniform Acts. First, the text of every Uniform Act directs courts to interpret it to “promote uniformity.” Second, each provision is accompanied by an official explanatory comment, analogous to …
Vol. 1 No. 1, Fall 2009; Toy Story: Being Right For The Wrong Reasons In The Search For A "Greater Freedom"—A Critical Analysis Of The Dissenting En Banc Opinions In Reliable Consultants, Inc. V. Earle, Steven L. Boldt
Northern Illinois Law Review Supplement
This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial realm. This Note begins by exploring the historical trend of cases that have led to the birth of sexual privacy. The Fifth Circuit in Reliable was given the task to decide whether the Texas legislature’s statutory proscription of promoting or selling devices used for sexual stimulation infringed on a mere commercial right or an individual’s right to sexual privacy. After the Fifth Circuit held …
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
The Quicksands Of The Poor Law: Poor Relief Legislation In A Growing Nation, 1790-1820, William P. Quigley
Northern Illinois University Law Review
This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal government. The author also sketches out common themes that developed through the legislation during this time period Moreover, the articles tracks the influence of English poor laws and early legislative experiences in this area of the law.
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
An Alternative For Illinois Land Use Legislation, Clyde W. Forrest
Northern Illinois University Law Review
This article addresses the need for an interrelated planning component in Illinois land use law. Professor Forrest concludes that the existing legislative model is obsolete and fails to address common problems confronting decision makers. In order to remedy the legislative scheme, Professor Forrest proposes an Integrated Planning Model Act which will facilitate efficiency and consistency in managing land use at every level of government.
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.
Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk
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.
Protection Of Farmers In Grain Elevator Bankruptcies, Justin E. Bauer, D.L. Uchtmann
Protection Of Farmers In Grain Elevator Bankruptcies, Justin E. Bauer, D.L. Uchtmann
Northern Illinois University Law Review
The authors discuss the problem of legal protection of the farmer-producer in the event of a grain elevator insolvency. The article focuses upon recent federal and state legislative responses to this escalating legal and political dilemma.