Browsing College of Law by Title
Now showing items 217-236 of 310
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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. ... -
“That Justice Shall Be Done”—Constitutional Requirements, Ethical Rules, and the Professional Ideal of Federal Prosecution
(Northern Illinois University Law Review, 2015-09)Seventy-five years ago, then-Attorney General and subsequent Supreme Court Justice Robert H. Jackson delivered a speech entitled The Federal Prosecutor. This Article revisits Jackson’s speech to extract a few insights about ... -
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 ... -
To Make Freedom Happen: Shelby County v. Holder, The Supreme Court, and the Creation Myth of American Voting Rights
(Northern Illinois University Law Review, 2014-07)There has never been a moment in American history when federal intervention, supervision, or enforcement was not necessary to guarantee full and meaningful voting rights for African Americans. Yet, since ratification of ... -
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 ... -
Toward Democracy in Criminal Procedure: The Significance & Limitation of Citizen Participation in Criminal Trials in an Attempt to Accomplish Democracy in Criminal Justice in Korea
(Northern Illinois University Law Review, 2016-09)Core principles of democracy are important not only in executive and legislative functions, but they are also significant to criminal adjudications. Many countries permit lay citizens to participate in fact-finding and/or ... -
Towards a Post-Shelby County Section 5 Where a Constitutional Coverage Formula Does Not Reauthorize the Effects Test
(Northern Illinois University Law Review, 2014-07)In Shelby County v. Holder, the Supreme Court struck down the decades-old coverage formula that triggered section 5 of the Voting Rights Act. Before the ink was dry on that opinion, efforts were underway to breathe new ... -
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 ... -
Two Figures in the Picture: How an Old Legal Practice Might Solve the Puzzle of Lost Punitive Damages in Legal Malpractice
(Northern Illinois University Law Review, 2014-09)When lawyers err, clients must pay the price. If a lawyer’s action, or inaction, prevents a client from succeeding in a lawsuit, the lawyer must pay the amount necessary to make the client whole. But what does it mean to ... -
Two Wrongs Don’t Make a Right: Implications of the Sex Discrimination Present in Same-Sex Marriage Exclusions for the Next Supreme Court Same-Sex Marriage Case
(Northern Illinois University Law Review, 2013-09)This year was a historic time in the gay rights movement. While the nation held its collective breath, the Supreme Court deliberated over the questions of whether same-sex couples have constitutional rights to marry and ... -
Two Years Is Too Long: The Two-Year Ban on the Agency Model Can Save the E-Book Industry but Ruin Bookstores
(Northern Illinois University Law Review, 2013-09)Ever since electronic books and their e-readers hit the market, there has been a near constant struggle between the e-book retailers and the publishers on who should set the price for each e-book. In 2011, when Apple decided ... -
“U Can’t Touch This” Fog Line: The Improper Use of a Fog Line Violation as a Pretext for Initiating an Unlawful Fourth Amendment Search and Seizure
(Northern Illinois University Law Review, 2015-09)Fog line litigation is happening all across the country. For years, law enforcement officers across the country have been initiating traffic stops of cars on our roadways, based on allegations that the drivers crossed onto ... -
The U.C.C. and Perfection Issues Relating to Farm Products
(Northern Illinois University Law Review, 2014-09)The Uniform Commercial Code (the U.C.C.), first proposed in 1952, is designed to harmonize the various state laws dealing with commercial transactions. To date, the U.C.C. has been adopted in all fifty states. Article 9 ... -
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 34, no. 2, Spring 2014: Table of Contents
(Northern Illinois University Law Review, 2014-02)
