Browsing College of Law by Title
Now showing items 125-144 of 203
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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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
The Supreme Court and Recusals: A Response to Professor Lubet
(2014)This essay is a response to Professor Steven Lubet's 2012 lecture at the annual Tabor Institute on Legal Ethics lecture series at Valparaiso University Law School and his corresponding article entitled “Stonewalling, Leaks ... -
Survey of Illinois Law: Ins and Outs of The New Illinois Evidence Rules
(2011)The new Illinois Rules of Evidence (IRE), which took effect January 1, 2011, primarily reaffirm earlier laws dispersed throughout cases, statutes and rules. They modernize many evidence guidelines by incorporating ... -
Survey of Illinois Law: Statutory Damage Exclusions
(2014)The Illinois General Assembly may limit damages for certain claims by setting caps or by recognizing exclusions for certain or all damages via no duty or immunity statutes. Caps have been successfully challenged on separation ... -
Survey of Illinois Law: Stepparent Childcare
(2014)In Illinois, the “liberty interests of parents” are reflected in the “superior rights doctrine,” which holds, as elsewhere, that parents have superior rights regarding the care of their children. This doctrine is necessitated ... -
Surveying Gender Bias at One Midwestern Law School
(2002)The graduating class of 1997 entered Northern Illinois University College of Law (NIUCOL) with 51% women. That figure steadily dropped over the next three years. The graduating class of 2000 entered NIUCOL with just 33% ... -
Systemically Screwing Dads: Out of Control Paternity Schemes
(2008)In 1983 in Lehr v. Robertson, the U.S. Supreme Court recognized that paternity opportunity interests for biological fathers in children born to unwed mothers usually implicate federal constitutional life, liberty or property ... -
Takings Jurisprudence as Three-Tiered Review
(2006)Takings jurisprudence has long been and remains, in the opinion of many, a constitutional quagmire, with little in the way of predictable results or coherent principles. The Supreme Court itself has acknowledged the largely ... -
Takings, Fairness, and Farmland Preservation
(1999)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. ... -
Thinking Outside the Civil Case Box: Reformulating Pretrial Conference Laws
(2002)The civil case box generally described in written civil procedure laws references only presented claims and their named parties, including representative attorneys and agents tied to recovery or liability. Yet in many civil ... -
Third Party Stepparent Childcare
(2016)Stepparents with no formal adoptive ties who have developed with their stepchildren “familial bonds” or parental-like relationships should have greater statutory third party childcare standing even though they are not “de ...
