Browsing College of Law by Title
Now showing items 141-160 of 203
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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 ... -
Torture and Habeas Corpus as Information-Forcing Devices
(2009)The habeas lawyer, I therefore suggest modestly, is the legal mirror-image of the state as torturer and as outlaw information-gatherer. One of my clients was kept in total darkness for weeks before being transferred to ... -
Toward a Limited-Government Theory of Extraterritorial Detention
(2007)The United States military's detention of hundreds of men at the Naval Base at Guantanamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the ... -
Troxel Revisited: A New Approach to Third Party Childcare
(2015)In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ... -
The Twenty-First Century Delivery of Legal Services: Thoughts for Legal Education
(2016)The twenty-first century lawyer will face rapid and unsettling changes in the way legal services are delivered. Legal futurists foresee many aspects of legal services being delivered more efficiently with the use of ... -
Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority
(1999)While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication ... -
Vol. 1 No. 1, Fall 2009; Current Trends in Inequitable Conduct are Adverse to Patent Policy as Seen Through the Exemplary Case of Big Pharma
(2009-12)This Comment explores the rather difficult and rapidly changing field of patent law, discussing specifically the doctrine of inequitable conduct, a defense raised by the infringing party by which a patent can be rendered ... -
Vol. 1 No. 1, Fall 2009; TOY STORY: Being Right for the Wrong Reasons in the Search for a "Greater Freedom"—A Critical Analysis of the Dissenting En Banc Opinions in Reliable Consultants, Inc. v. Earle
(2009-12)This Note analyzes how the landmark United States Supreme Court case of Lawrence v. Texas has been used by the Fifth Circuit in Reliable Consultants, Inc. v. Earle to extend “sexual privacy interests” into the commercial ... -
Vol. 1 No. 2, Spring 2010; Illinois Does Not Care About Caregivers as Evidenced by the Ineffective and Exclusionary Custodial Claims Statute of the Probate Act
(2010-05)Family members taking on the responsibility of caring for sick or disabled relatives is on the rise, and it is only trending upward in the future due to a multitude of factors. Illinois appeared to be on the edge of this ... -
Vol. 1 No. 2, Spring 2010; Iraq Veterans’ War with the U.S. Department of Veterans Affairs: Post Traumatic Stress Disorder Claims Under a Procedural Due Process Analysis
(2010-05)This Comment explores the Department of Veterans Affairs and its current disability compensation and medical care systems for soldiers who have returned from the War on Terror with mental health disabilities, such as post ... -
Vol. 2 No. 1, Spring 2011; Nolan & Ready—“Settling” for Less than Perfect in Illinois when Determining the Role Defendants Play in the Litigation After They Settle
(2011-05)This Note examines the interplay of two decisions made by the Illinois Supreme Court during their 2008 – 2009 term—Ready v. United/Goedecke Services, Inc. and Nolan v. WEIL-McLain. Interpreting the statutory wording of the ... -
Vol. 2 No. 1, Spring 2011; The Times They Are a Changin’: Enactment of Historic Civil Union Act Is the Right Step for Illinois
(2011-05)This Comment analyzes the recent passage of Senate Bill 1716, the Illinois Religious Freedom Protection and Civil Union Act, which extends the “same [state] legal obligations, responsibilities, protections, and benefits” ...
