Browsing College of Law by Title

De Facto Parent and Nonparent Child Support Orders

Parness, Jeffrey A.; Timko, Matthew L. (2018)

For ever so long U.S. state laws have recognized the federal constitutional right to “care, custody and control” of a child vested in the opposite sex married couple who bore the child of sex or in any formal adoptive ...

Failed or Uneven Discourse of State Constitutionalism?: Governmental Structure and State Constitutions

Parness, Jeffrey A. (1992)

ln his Michigan Law Review article, "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection ...

Fairness and Farmland Preservation: A Response to Professor Richardson

Cordes, Mark W. (2005)

In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. ...

Fairness at the Expense of Commercial Certainty: The International Emergence of Unconscionability and Illegality as Exceptions to the Independence Principle of Letters of Credit and Bank Guarantees

Johns, Roger J.; Blodgett, Mark S. (Northern Illinois University Law Review, 2011-04)

International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees ...

The Fairness Dimension of Takings Jurisprudence

Cordes, Mark W. (2010)

This Article will examine the "fairness" dimension of takings jurisprudence from both the macro and micro perspectives. First, it will show why it is fair to generally strike the balance so that most costs must be borne ...

Fascinating Legal Questions Posed in Recent Criminal Law Cases

Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-05-15)

Each month, as I prepare to draft this column, I place new judicial opinions from the Illinois criminal courts into a file folder. I also add newspaper clips covering all sorts of crime-related topics, from flawed police ...

Fathers and Parental Leave Revisited

Malin, Martin H. (Northern Illinois University Law Review, 1998-11)

This article continues the author's work on parental leave and fathers' involvement with their children in light of several years under the Family and Medical Leave Act. It discusses why paternal involvement is important ...

The Federal Common Law of Foreign Relations

Huotari, Joel M. L. (Northern Illinois University Law Review, 2005-11)

This comment asserts that mere foreign policy implications should not be enough to establish federal jurisdiction over the litigation of an otherwise exclusively state law claim, as some circuits have allowed. The Second, ...

Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois

Parness, Jeffrey A. (2013)

Even without a majority rationale, the opinions in Troxel v. Granville, 530 U.S. 57 (2000), support the notion that there are federal constitutional “liberty interests of parents in the care, custody, and control of their ...

Federal Constitutional Childcare Parents

Parness, Jeffrey A. (2016)

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 ...

The Federalization of Punitive Damages and the Effect on Illinois Law

Perrecone, Frank A.; Fabiano, Lisa R. (Northern Illinois University Law Review, 2008-07)

Punitive damages have traditionally been a matter of state law, left to state courts and legislatures to review and regulate. But in the midst of the tort reform movement of the 1990s, the United States Supreme Court took ...

Federalizing Birth Certificate Procedures

Parness, Jeffrey A. (2003)

A natural father is usually afforded under American law the unique "opportunity... to develop a relationship with his offspring" born to an unwed mother as a result of consensual sexual intercourse. This paternity opportunity ...

Filing With Your Fingers Crossed: Should a Party Be Sanctioned for Filing a Claim to Which There is a Dispositive, Yet Waivable, Affirmative Defense?

Taylor, David H. (1997)

The complications involved in addressing whether Rule 11 sanctions on plaintiff are appropriate in an instance where affirmative defenses are available to defendant are addresses in this article. The federal court’s different ...