Browsing College of Law by Title
Now showing items 270-289 of 388
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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. ... -
Terry v. Ohio at 50: What It Created, What It has Meant, is It Under Attack and is the Court Opening the Door to Police Misconduct?
(Northern Illinois University Law Review, 2017-11)Fifty years ago, the United States Supreme Court issued their opinion in Terry v. Ohio. The underpinnings of this decision became the bedrock of Fourth Amendment jurisprudence. This article re-examines that decision, and ... -
“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 ... -
Then I Saw the Contract, Now I’m A Believer: Why “Concept Groups” are “Works for Hire” and Cannot Invoke Statutory Termination Rights After 2013
(Northern Illinois University Law Review, 2012-06)The year 2013 will mark the first opportunity for musicians to exercise the copyright assignment termination rights granted by § 203 of the Copyright Act of 1976. In theory, exercising these termination rights will allow ... -
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 ... -
Thoughts on American Legal Education: Past, Present and Future
(2016)As a professor and administrator at a public law school, I have witnessed firsthand widespread changes in the legal market for our graduates, and I have observed how that transformation has affected how and what we teach ... -
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 ... -
Torture, Inc.: Corporate Liability under the Torture Victim Protection Act
(Northern Illinois University Law Review, 2010-11)The Torture Victim Protection Act (TVPA) was passed by Congress to provide a modern cause of action for victims of torture around the world. The TVPA allows victims anywhere to bring suit in the Untied States for torture ... -
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 ...
