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2013

Northern Illinois University

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Full-Text Articles in Law

New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness Jun 2013

New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness

Northern Illinois University Law Review

In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …


Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness Feb 2013

Federal Constitutional Childcare Interests And Superior Parental Rights In Illinois, Jeffrey A. Parness

Northern Illinois University Law Review

The U.S. Supreme Court has long recognized federal constitutional childcare rights in parents that may not be easily diminished or eliminated by government. Yet it has allowed these childcare rightsholders to be chiefly defined by state laws. The relevant state laws vary widely, dependent upon such factors as biological ties, functional parenthood, contracts, and the avenues to conception. Deference to state lawmaking here is unique. No other federal constitutional rightsholders are so significantly defined by state statutes and precedents. This deference has resulted in significant interstate variations in de facto parent, equitable adoption, presumed parent and surrogacy matters, as well …