Now showing items 357-376 of 1113

    • Habeas, Informational Asymmetries, and the War on Terror 

      Falkoff, Marc D. (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 ...
    • Harmful Error: Arizona v. Fulminante and the Expansion of the Harmless-Error Rule 

      Miller, Shawn O. (Northern Illinois University Law Review, 1992-05)
      In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from ...
    • Harper & Row, Publishers v. Nation Enterprises - Rewriting the Fair Use Criteria? 

      Teaney, Douglas B. (Northern Illinois University Law Review, 1986-05)
      An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis ...
    • Harper v. Poway Unified School District: The Wrong Path to the Right Outcome? 

      Perlaky, Mark A. (Northern Illinois University Law Review, 2007-07)
      A case note looking at the case of Harper v. Poway Unified School District, where a high school student wished to wear a t-shirt to school that was derogatory towards homosexual students and was met with discipline by ...
    • Has Bennis v. Michigan Made Asset Forfeiture Too Easy? 

      Labedz, Ronald F. (Northern Illinois University Law Review, 1997-05)
      This note examines the historical justifications of asset forfeiture as well as the justifications behind its more recent uses. The note begins by analyzing the rationale of precedents that have upheld asset forfeiture ...
    • Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases 

      Cagle, Lance (Northern Illinois University Law Review, 2005-05)
      The issue of child custody relocation continues to be a source of controversy and contention nationwide, as state legislatures and courts have struggled to determine the difficult question of whether, and under what ...
    • Heads Up!: The Baseball Facility Liability Act 

      Tierney, Ted J. (Northern Illinois University Law Review, 1998-07)
      This comment examines law regarding spectator injury at baseball games. The Baseball Facility Liability Act, which was enacted by the Illinois legislature to prevent spectators from recovering damages for injuries suffered ...
    • Hearsay and the Right of Confrontation in American Trials by Jury 

      Taylor, David H. (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 ...
    • Hearsay in Illinois: A New Look at Some Old Problems 

      Corkery, John E. (Northern Illinois University Law Review, 1990-05)
      Based on the premise that the hearsay rule is both fundamental and insufficiently understood, this article discusses the basic principles of this rule of evidence with special emphasis on its application under Illinois ...
    • Hedge-to-Arrive Contracts: Jurisdictional Issues Under the Commodity Exchange Act 

      King, Jennifer Durham; Moylan, James J. (Northern Illinois University Law Review, 1998-07)
      This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first ...
    • Hedonic Damages: Emerging Issue in Personal Injury and Wrongful Death Claims 

      Valentine, Gretchen L. (Northern Illinois University Law Review, 1990-07)
      This comment provides an overview of hedonic damages by reviewing how they have been measured, when they have been awarded, and what objections have been raised to their recovery. The relationship between hedonic damages ...
    • Hedonic Damages: Properly A Factor Within Pain and Suffering Under 42 U.S.C. Section 1983 

      Murray, Patrick B. (Northern Illinois University Law Review, 1989-11)
      This article analyzes the developing trend of awarding damages for the loss of life's pleasures, i.e., "hedonic damages." Although framed within the context of 42 U.S.C. § 1983, the article addresses the underlying tort ...
    • The Helms-Burton Act Backfires: Surprising Litigation Trends Following Title III’s Long-Feared Activation 

      Sivrieva, Gergana S. (Northern Illinois University Law Review, 2021-11)
      On May 2, 2019, the Trump Administration made the historic decision to lift the suspension of Title III of the Helms-Burton Act for the first time since its enactment in 1996. Title III allows US nationals whose property ...
    • Help Me, Help You: What You Should Know Before You Ask for Help 

      Stange, Meredith A. G. (The Learning Curve (AALS Sec. on Acad. Support, Washington, D.C.), 2019-05)
      I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get ...
    • The Hidden Costs of Habeas Delay 

      Falkoff, Marc D. (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 ...
    • Hip-Hip-Hurray for Illinois Taxpayers, or Is It Too Early to Cheer?: An Analysis of In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996 

      Cantlin-VanWiggeren, Christina M. (Northern Illinois University Law Review, 2000-07)
      This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re ...
    • A History of Elector Discretion 

      Rosin, Michael L. (Northern Illinois University Law Review, 2020-11)
      In its opinion in Chiafalo v. Washington, the Supreme Court disposes of the actual history of elector discretion as too inconsequential to merit its serious analysis. A history of elector discretion not only includes a ...
    • A History of Elector Discretion - Part Two 

      Rosin, Michael L. (Northern Illinois University Law Review, 2021-05-01)
      In its opinion in Chiafalo v. Washington, the Supreme Court disposes of the actual history of elector discretion as too inconsequential to merit its serious analysis. A history of elector discretion not only includes a ...
    • Home Rule in an Era of Local Environmental Innovation 

      Fox, Sarah (Berkeley Law School, University of California, 2017)
      As 2016’s national election made clear, striking ideological differences between cities and their surrounding states exist in many parts of the country. One way in which this divide manifests itself is in state governments ...
    • Honey Bees & Neonicotinoids: Why Pollinators Need More Protections 

      Headley, Katherine (Northern Illinois University Law Review, 2017-11)
      Honey bees are essential for the pollination of copious amounts of fruits, vegetables, and nuts. However due to several factors, including the use of highly toxic pesticides like neonicotinoids, honey bee populations are ...