Browsing College of Law by Title

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. ...

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 ...

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 ...

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 ...

Finding a Forum for North Korea

Tan, Morse (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

Parness, Jeffrey A. (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

Jones, Robert L. (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

Cordes, Mark W. (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

Parness, Jeffrey A.; Townsend, Zachary (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

Parness, Jeffrey A. (2015)

The Forum Selection Clause: A Tale of Two Concepts

Taylor, David H. (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. ...

The Fourteenth Amendment: A Structural Waiver of State Sovereign Immunity from Constitutional Tort Suits

Gunn, Travis (Northern Illinois University Law Review, 2014-09)

The Supreme Court's state sovereign immunity jurisprudence has undergone a fundamental change. Although the Immunity Theory of the Eleventh Amendment remains the approved methodology for assessing a State's sovereign ...

Fracking in Illinois: Implementation of the Hydraulic Fracturing Regulatory Act and Local Government Regulatory Authority

Abendroth, John (Northern Illinois University Law Review, 2015-07)

High-volume horizontal hydraulic fracturing (Fracking) is a relatively new means of drilling for oil and gas resources. With the knowledge that the oil and gas industry was purchasing land leases in southern Illinois and ...

Free Speech and Defamation in an Era of Social Media: An Analysis of Federal and Illinois Norms in the Context of Anonymous Online Defamers

Kuehl, Heidi Frostestad (Northern Illinois University Law Review, 2016-07)

This Article provides an overview of the evolution of defamation causes of action in an increasingly online era and focuses on successful discovery of anonymous online defamers. After the recent Illinois Supreme Court case ...

Gone Fishing: Angling for an Answer to Asian Carp Migration After the Seventh Circuit’s Refusal to Allow Hydrological Separation

Kratky, Matthew A. (Northern Illinois University Law Review, 2015-09)

Asian carp are the latest addition to an extensive list of invasive species that pollutes American waterways. But unlike other prominent invasive species, Asian carp were intentionally brought into the United States to ...