Browsing College of Law by Title
Now showing items 75-94 of 203
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The Land Use Jurisprudence of Chief Justice Rehnquist and Justice Stevens: Two Views on Balancing Public and Private Interests in Property
(2010)This three-part article examines the separate and combined legacies of Chief Justice William H. Rehnquist and Justice John Paul Stevens in the area of regulatory takings jurisprudence as applied to land use controls. Part ... -
Leapfrogging the Constitution: The Rise of State Takings Legislation
(1997)This article will examine the recent and potentially significant trend in state takings legislation. Part I will describe the development and current state of Supreme Court takings law. Part II will then survey current ... -
Legal Limits on Development Exactions: Responding to Nollan and Dolan
(1995)Over the last thirty years local governments have increasingly relied on development exactions as a funding source for land use development. Faced with shrinking budgets and the need to provide services attendant to growth, ... -
Legal Paternity (and Other Parenthood) After Lehr and Michael H.
(2012)Actual genetic ties do not always establish, or even help to establish, legal paternity of children born of consensual sex, that is, male parental rights and/or duties as of the time of birth. Paternity status, typically ... -
The Legal Profession’s Monopoly: Failing to Protect Consumers
(2014)This article explores the implication of the legal monopoly that occurs through the current attorney regulation system used in most states. Through the lens of consumer protection, the author discusses how the current ... -
The Legislative Veto in Illinois: Why JCAR Review of Agency Rulemaking is Unconstitutional
(2016)This Article argues that legislative vetoes of administrative agency rulemaking in Illinois are unlawful under the state’s constitution. It focuses on the Joint Committee on Administrative Rules (“JCAR”), a bipartisan ... -
Lessons from a Lost Constitution: The Council of Revision, the Bill of Rights, and the Role of the Judiciary in Democratic Governance
(2012)This Article explores the relationship between the Council of Revision and the Bill of Rights. The Council of Revision, proposed at the Constitutional Convention by James Madison and the other Virginia delegates, would ... -
Let Live and Let Die: Disabled Newborns and Contemporary Law
(1982)Several thousand infants die in the United States each year as a result of parental decisions to withdraw or withhold necessary medical treatment. Physicians implement these decisions in treating infants born with disabilities ... -
Litigation and Delay at Guantánamo Bay
(2007)This article explores litigation delays occurring at the Guantámo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience ... -
Lobbying and Litigating Against "Legal Bootleggers"- The Role of the Organized Bar in the Expansion of the Courts' Inherent Powers in the Early Twentieth Century
(2009)This article suggests that the state judicial branches in the 1930’s and 1940’s may have overreached by holding that state legislatures did not have the constitutional power to define the practice of law. These holdings ... -
The Local Rules Revolution in Criminal Discovery
(2017)Over the last few decades, federal district court judges throughout the country have used local rules to greatly expand pretrial criminal disclosure obligations, especially for prosecutors. These local criminal discovery ... -
A Longitudinal Analysis of the U.S. News Law School Academic Reputation Scores between 1998 and 2013
(2013)This article is a revised update to a previously released study of the U.S. News academic reputation scores (“peer assessment scores”). The revised study incorporates the results from the 2013 U.S. News rankings and ... -
Lost Paternity in the Culture of Motherhood
(2007)In her recent Columbia Law Review article, "Infant Safe Haven Laws: Legislating in the Culture of Life," Professor Carol Sanger shows that American safe haven laws, viewed within a larger political culture, promote the ... -
Making Sense of High School Speech After Morse v. Frederick
(2009)This Article will examine the scope of student speech in high schools after Morse v. Frederick. Part I will first briefly review the Court's decisions in Tinker, Fraser, and Hazelwood. Part II will then analyze the Court's ... -
Mixed Up Questions of Fact and Law: Illinois Standards of Appellate Review in Civil Cases Following the 1997 Amendment to Supreme Court Rule 341
(2003)In 1997 the Illinois Supreme Court amended Rule 341 to require that appellants include in their legal briefs a statement of the applicable standard of review for each issue on appeal.In adopting this amendment, Illinois ... -
Monetary Recoveries for State Crime Victims
(2010)Crime victim recoveries are typically available in American states through three separate, but related, avenues: a criminal proceeding (with or without a formal charge); a related civil claim (including a pre-suit settlement); ... -
Monetary Remedies for Victims During Illinois Criminal Cases
(2009)The Illinois Crime Victim's Rights Amendment, added to the Illinois Constitution by the legislature and the voters in 1992, includes a 'right to restitution'. The amendment spurred some new legislation, now within the ... -
New Federal Paternity Laws: Securing More Fathers for Children of Unwed Mothers
(2006)Public policy demands that American lawmakers, both federal and state, more vigorously promote the early, accurate, informed, and conclusive designations of fathers in law around the time children are born. There is, in ... -
The New Method of Regulating Lawyers: Public and Private Interest Sanctions During Civil Litigation for Attorney Misconduct
(1987)The topic of regulating attorney conduct most immediately raises thoughts of disciplinary panels established by court rule or legislative enactment. Such enforcement mechanisms typically are employed to hear alleged ...
