Browsing College of Law by Title
Now showing items 257-276 of 413
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Safe Haven, Adoption and Birth Record Laws: Where are the Daddies?
(2007)An earlier version of this paper was presented by Professor Parness at the Third Annual Wells Conference on Adoption Law under the title, "Safe Haven Laws: Where Are the Daddies?", at Capital University Law School on ... -
Safeguarding Judicial Integrity by Making the Executive Branch’s Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise its Inherent Authority to Make Public the President’s Tax and Investment Records
(Northern Illinois University Law Review, 2017-11)When the executive branch submits an amicus brief to the federal appellate courts, and most importantly, to the Supreme Court, it has the strength of being considered under a standard of “the best interest of the United ... -
Sanctioning Legal Organizations Under the New Federal Civil Rule 11: Radical Changes Loosen More Unforeseeable Forces
(1994)Prompted by their perception that significant civil litigation misconduct involving frivolous papers was occurring in federal trial courts, the federal judicial rulemakers first effected a major overhaul of Rule 11 of the ... -
Schools, Worship, and the First Amendment
(2015)This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment ... -
Serious Discussions Needed on Police Tactics and False Confessions
(Chicago Daily Law Bulletin, 2013-12-26)It’s a phenomenon that detectives, prosecutors, jurors and even defense lawyers typically have trouble believing: Sometimes suspects will confess to serious crimes even when they are completely innocent. “I certainly ... -
Should It Take A Thief?: Rethinking the Admission of Illegally Obtained Evidence in Civil Cases
(2003)This article explores excluding evidence in civil cases. Part I introduces the article’s premise that civil courts should rethink the admission of illegally obtained evidence in civil cases. The article asserts that the ... -
Shuttered: An Examination of How the 2013 Chicago Public School Closings are Denying Special Education Students the Right to an Appropriate Public Education
(Northern Illinois University Law Review, 2014-09)Recently, the Chicago Public School system faced financial crisis as it struggled to balance severe budget cuts against overwhelming pension obligations. CPS responded to the crisis by immediately closing forty-nine ... -
Sign Regulation After Ladue: Examining the Evolving Limits of First Amendment Protection
(1995)This article examines the law of sign and billboard regulations, with particular attention to the dual concerns noted by the U.S. Supreme Court in City of Ladue v. Gilleo of restricting "too much" speech and restricting ... -
Standards in Command Responsibility Prosecutions: How Strict, and Why?
(Northern Illinois University Law Review, 2018-04)The attached article looks at the concept of command responsibility – the idea that a commander may be held liable for crimes committed by his or her soldiers, even if the commander did not order these crimes to be committed, ... -
State Damage Caps and Separation of Powers
(2011)In 2010, the Illinois Supreme Court invalidated certain statutory caps on non-economic damages in medical cases because they “unduly” infringed “upon the inherent power of the judiciary.” Such judicial authority originated ... -
A State of Rightlessness: the Egregious Case of North Korea
(2010)This essay steps into the relative dearth of popular and legal academic treatment to analyze this egregious state of rightlessness (an intentional neologism) and concludes with reflections upon possible judicial redress ... -
A Step Toward Normalizing End-of-Life Care: Implications of the Palliative Care and Hospice Education and Training Act (PCHETA)
(Northern Illinois University Law Review, 2019-05)Despite their rapid development in recent decades, hospice and palliative care continue to face challenges to universal acceptance and access throughout American society, as the American population and medical professions ... -
Stop, Collaborate, and Listen!: The Effect of Collaboration on Innovation and Policy in Medicaid Reform as Applied to the Illinois SMART Act and the New York Approach
(Northern Illinois University Law Review, 2013-06)Recently, both Illinois and New York found themselves between a rock and a hard place as they were forced to choose where to save on providing vital medical services for their aging and poor residents. In order to cut their ... -
Stratification of the Legal Profession: A Debate in Need of a Public Forum
(2012)The American legal profession cannot presently meet the legal needs of the population. Ordinary citizens’ demand for legal services continues to rise, but those services are increasingly unaffordable. Recent law school ... -
The Stringent Takings Test for Impact Fees in Illinois: Its Origins and Implications for Home Rule Units and Legislation
(Northern Illinois University Law Review, 2018-11)Many Illinois municipalities impose exactions, or impact fees, on new housing developments. Appropriate impact fees offset the anticipated financial burdens on government created by a resulting increase in population, such ... -
Structuring Pre-Plea Criminal Discovery
(2016)Ninety-seven percent of federal defendants plead guilty, and they rely on prosecutors for much of the information about the government’s case on which the decision to plead is based. Although federal prosecutors routinely ... -
Student-Athletes as Employees: Unmasking Athletic Scholarships
(Northern Illinois University Law Review, 2016-07)The National Collegiate Athletic Association (NCAA) and its member institutions have increasingly become some of the most powerful organizations in the country. With increased power it was only a matter of time before the ... -
The Substantive Elements in the New Special Pleading Laws
(1999)Recently there have emerged new special pleading standards applicable to discrete substantive law claims or to certain remedial requests. These norms often raise troubling procedure/substance questions in separation of ... -
Substantive Reasonableness Review of Federal Criminal Sentences: A Proposed Standard
(Northern Illinois University Law Review, 2012-09)After the United States Supreme Court announced in United States v. Booker that, henceforth, federal criminal sentences would be re-viewed for “reasonableness,” it instructed that appellate courts could review sentences ... -
Suesz V. Med-1 Solutions, LLC: Definition of a Judicial District in the Venue Requirement of the Fair Debt Collection Practices Act
(Northern Illinois University Law Review, 2016-02)When a debt collector sues a debtor, the Fair Debt Collection Practices Act (FDCPA) requires the debt collector to file the suit in the same “judicial district” in which the debtor resides or where the contract giving rise ...
