Browsing College of Law by Title
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“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 ... -
U.C.C. Section 2-702(2): A Unsecured Seller's Right to Reclaim Goods
(Northern Illinois University Law Review, 1989-05)This Article is an analysis of the commercial setting in which a seller ships goods to a purchaser on credit and later discovers the buyer is insolvent. Under the Uniform Commercial Code, a possibility exists that the ... -
U.S. Higher Education Financing Has Significantly Changed, So Too Should Seventh Circuit Student Loan Discharge Law
(Northern Illinois University Law Review, 2018-04)Every year in the U.S., millions of students use public and private student loans to finance a portion of their post-secondary education. Inevitably, many student borrowers find themselves in the financial doldrums in the ... -
The Unconventional Equal Protection Jurisprudence of Jury Selection
(Northern Illinois University Law Review, 1996-05)This article traces the development of equal protection jurisprudence as it has been applied to one aspect of the criminal justice system, to wit, selection of juries. It demonstrates that the United States Supreme Court's ... -
Understanding the Ethics of Empowerment: An Elder Law Lawyer’s Challenge or Obligation?
(Northern Illinois University Law Review, 2017-11)This Article considers the concept of empowerment and the obligation lawyers have as they advise and counsel their clients, especially the elderly, in the use of estate planning documents which empower others to undertake ... -
Understanding the Limited Effect of Moziof v. United States On Wrongful Death Damages Under the Federal Tort Claims Act
(Northern Illinois University Law Review, 2000-05)Congress excluded punitive damages from the damages available under the Federal Tort Claims Act (FTCA). As a result of this exclusion, damage calculations in wrongful death cases are often perceived to be confusing aspects ... -
Unequal Access to Separate Counsel: An Equal Protection Problem
(Northern Illinois University Law Review, 1980-11)Explores joint representation of criminal co-defendants from the viewpoints of the ABA Code of Professional Responsibility and the sixth amendment right to effective assistance of counsel, suggesting that the presumption ... -
Unification and Harmonization of Law Relating to Global and Regional Trading
(Northern Illinois University Law Review, 1994-05)The author begins by discussing the international unification of negotiable instruments, international sales, carriage of goods by sea, general average, international countertrading, procurement, electronic commerce, and ... -
Uniform Mediation Act
(Northern Illinois University Law Review, 2002-05)Full text of the Act with prefatory note and comments. -
The Uniform Mediation Act: An Essential Framework for Self Determination
(Northern Illinois University Law Review, 2002-05)This piece is an interpretive essay of key provisions of the Uniform Mediation Act. In connection with the analyses of these provisions, the author identifies certain dilemmas that are created by the wording of certain ... -
Unilateral Executive Power ENSHRINED in Law: The Zivotofsky Court Stays the Course
(Northern Illinois University Law Review, 2017-04)Zivotofsky v. Kerry (2015) is the most recent challenge to presidential prerogatives, and while the Supreme Court addresses the erroneous mistake espoused by Justice Sutherland in 1936, the Court ultimately fails to harness ... -
United States v. Leon: Application of "Good-Faith" Exception to the Exclusionary Rule
(Northern Illinois University Law Review, 1985-05)An examination of United States v. Leon, wherein the Supreme Court adopted a "good-faith" exception to the fourth amendment exclusionary rule. -
United States v. Nixon, Twenty Years After: The Good, the Bad and the Ugly-an Exploration of Executive Privilege
(Northern Illinois University Law Review, 1993-11)The following article attempts to conceptualize United States v. Nixon and the strengthened doctrine of Executive Privilege it beget. This is accomplished through the examination of Executive Privilege's historic roots, ... -
Unmaking a Murderer: The Prosecutor’s Duty to Remedy Wrongful Convictions
(Northern Illinois University Law Review, 2017-06)This Article will discuss the obligations and duties of a prosecutor in reviewing post-conviction claims of actual innocence in the context of the DeKalb County case of People v. Jack McCullough. In my role as State’s ... -
Unnatural Voluntary Parentage Acknowledgments Under the 2017 Uniform Parentage Act
(2018-10)The 2017 Uniform Parentage Act expands the opportunities for formal parentage establishments via voluntary acknowledgements (VAPs) by intended parents with no natural ties to their acknowledged children. This constitutes ... -
Unnaturally Stubborn: Illinois’ Reluctance in Krywin v. Chicago Transit Authority to Do Away with the Natural Accumulation Rule, and the Resulting Impact upon the Duty of Common Carriers
(Northern Illinois University Law Review, 2011-06)The Natural Accumulation Rule is a legal doctrine that has been interpreted and applied by the Illinois courts to mean that a landowner may escape liability for injuries to a third party on his or her land that occur as a ... -
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 ... -
Untangling the World Wide Web: Restricting Children's Access to Adult Materials While Preserving the Freedoms of Adults
(Northern Illinois University Law Review, 2001-07)This comment examines the current state of the law in the area of internet regulation restricting children's access to adult material. This area of law is very new, with the majority of case precedent developed over just ... -
The Untimely Demise of the Involuntary Confession Material Witness Rule in Illinois
(Northern Illinois University Law Review, 1993-11)This article examines the recent elimination of the material witness rule, which governed the admissibility of confessions in criminal cases. The article first traces the evolution and Fifth Amendment background of the ...