Browsing College of Law by Title
Now showing items 216-235 of 873
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De Facto Parent and Nonparent Child Support Orders
(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
(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. ... -
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
(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
(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 ... -
Farmland Protection for Illinois: The Planning and Legal Issues
(Northern Illinois University Law Review, 1997-07)This address contends that agriculture, as a land intensive business, is critical to the Illinois economy and farmland protection belongs on the state's agenda as a policy objective as well as a significant goal of growth ... -
Fascinating Legal Questions Posed in Recent Criminal Law Cases
(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
(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
(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
(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
(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 ... -
Federal Statutory Restrictions on the Enforceability of Forum Selection Clauses
(Northern Illinois University Law Review, 1992-11)This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the ... -
The Federalization of Punitive Damages and the Effect on Illinois Law
(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
(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 ... -
Filling the Court-Created Gap in the Protection of Concerted Activities the Need for Striker Replacement Collective Bargaining
(Northern Illinois University Law Review, 1993-05)This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected ... -
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 ...
