Browsing College of Law by Title
Now showing items 45-64 of 203
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Failed or Uneven Discourse of State Constitutionalism?: Governmental Structure and State Constitutions
(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
(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. ... -
The Fairness Dimension of Takings Jurisprudence
(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 ... -
Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois
(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 ... -
Federalizing Birth Certificate Procedures
(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?
(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 ... -
Finding a Forum for North Korea
(2012)North Korea’s gross and systematic violations of human rights violate international law, including contravention of the treaties that North Korea itself has ratified (i.e., the International Covenant on Civil and Political ... -
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and Think-Again" Rule
(1993)The 1983 amendments to Federal Rule of Civil Procedure Rule 11, which dealt with frivolous litigation papers, prompted much controversy, satellite litigation, and a new cottage industry, Rule amendments in 1983 increased ... -
Finishing a Friendly Argument: The Jury and the Historical Origins of Diversity Jurisdiction
(2007)This Article argues that diversity jurisdiction was intended to funnel politically significant litigation into the federal courts principally because federal officials would have the power to dictate the composition of ... -
The First Amendment and Religion After Hosanna-Tabor
(2014)The Supreme Court’s treatment of religion under the First Amendment has shifted significantly in the past quarter century. Though the Court had focused on separation for the Establishment Clause and accommodation for the ... -
For Those Not John Edwards: More and Better Paternity Acknowledgments at Birth
(2010)When former U.S. Senator and Presidential candidate John Edwards (finally) declared his paternity of Quinn, born of sex to Rielle Hunter, many assumed he could then begin to raise as well as financially support the child ... -
Formalities for Informal Adoptions
(2015) -
The Forum Selection Clause: A Tale of Two Concepts
(1993)This article posits that lack of discussion is a principal reason why the parameters of the forum selection clause remain ill-defined, and that the struggle to construct a standard for enforcement has proven difficult. ... -
Greater Employment Equalities in the New South Through New Constitutional Guarantees
(2009)Most American state constitutions contain equal protection clauses. The words in these clauses often follow the words in the equal protection clause of the federal constitution. Not surprisingly perhaps, many state courts ... -
Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back
(Northern Illinois University College of Law, 2008-03)Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some ... -
Guantánamo in the Supreme Court: Welcome Back, Welcome Back, Welcome Back
(Northern Illinois University College of Law, 2008-03) -
Guiding Civil Case Settlement Conferences and Their Aftermath: The Need to Amend Illinois Supreme Court Rule 218
(2004)Written civil procedure laws on pretrial conferences in civil actions in Illinois trial courts historically have spoken chiefly to trial preparation. More recently, such laws have recognized explicitly case management and ... -
Habeas, Informational Asymmetries, and the War on Terror
(2011)Although most American lawyers and legal scholars are primarily familiar with habeas corpus in the context of federal review of state convictions, habeas petitions have been used to challenge detention by the executive ... -
Hearsay and the Right of Confrontation in American Trials by Jury
(2011)This Article discusses the origin and history of the hearsay doctrine, including the goals it seeks to achieve and the many exceptions to the rule against hearsay. It then discusses that when exceptions to hearsay are ... -
The Hidden Costs of Habeas Delay
(2012)Because habeas petitioners seek a court order for liberty rather than compensation, judges have a duty to decide habeas petitions promptly. But increasingly, the federal courts have fallen behind on their heavy habeas ...
