Browsing College of Law by Title
Now showing items 1-20 of 310
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The 2015 Federal Budget’s Medical Marijuana Provision: An “End to the Federal Ban on Marijuana” or Something Less Than That?
(Northern Illinois University Law Review, 2015-07)In 2014, Congress began to face the nearly 20-year conflict between state medical marijuana laws and federal prohibition. It did so in a somewhat curious way, however--tacking on a rider to the 2015 federal budget to block ... -
Abortions of the Parental Prerogatives of Unwed Natural Fathers: Deterring Lost Paternity
(2000)A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth ... -
Adoption Notices to Genetic Fathers: No to Scarlet Letters, Yes to Good Faith Cooperation
(2005)American courts and legislatures have struggled to define the participation rights of genetic fathers in governmental adoption schemes for infants born to unwed mothers as a result of consensual sexual intercourse. Federal ... -
Affirmative Action After Grutter and Gratz
(2004)This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to ... -
Afterthought Crimes and the Felony Murder Rule in Illinois
(Chicago Daily Law Bulletin, 2013-07-22)Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in ... -
Agricultural Zoning: Impacts and Future Directions
(2002)Farmland preservation has become a growing societal concern over the past two decades and is now a common component of any serious discussion of environmental land-use controls. All levels of government have perceived ... -
American General Jurisdiction Trial Courts: New Visions, New Guidelines
(2006)Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ... -
American State Constitutional Equalities
(2010)Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, ... -
Amor Y Esperanza: A Latina Lesbian Becomes a Law Professor
(Journal of Legal Education, 2017)Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought ... -
An Argument in Support of Tax-Free Per-Cap Distribution Payments Derived from Native American Nations Gaming Sources
(Northern Illinois University Law Review, 2016-09)Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative ... -
Arming the Pregnancy Police: More Outlandish Concoctions?
(1992)Emotions abound when encountering a newborn with disabilities which will inevitably lead to an early death or to a less than whole and healthy life. It is especially painful when such disabilities were preventable. Anger ... -
"Attempted Threat" Crimes and Oduwole
(Chicago Daily Law Bulletin, 2013-04-23)Last month, an appellate court reversed the conviction of Olutosin Oduwole — a former Southern Illinois University student and aspiring rap artist — for an “attempt to make a terroristic threat” (People v. Oduwole, __ ... -
The Authority of Illinois Lawyers to Settle Their Clients' Civil Claims: On Principles Not Quite Settled
(2000)The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive ... -
Automatic Elections
(2014)The idea that the right mix of conditions will spark workers to engage in mass collective action is a theme sometimes invoked by labor movement writers, activists, and reformers. It is also an assumption found — and ... -
Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention
(2009)The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ... -
Bagram, Boumediene, and Limited Government
(2010)The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how ... -
Before You Press Record: Unanswered Questions Surrounding the First Amendment Right to Film Public Police Activity
(Northern Illinois University Law Review, 2013-06)In 2011 and 2012, two circuit courts of appeals held that there exists a positive First Amendment liberty to record police officers in the public performance of their official duties. The opinions represent a swift response ... -
A Bend in the Law & Literature: Greed, Anarchy, and Dictatorship in the African Worlds of V.S. Naipaul and Ngugi Wa Thiong’o
(Northern Illinois University Law Review, 2013-09)This Article examines two giants of colonial and postcolonial fiction involving African states that heretofore have been largely ignored by the law and literature movement. Nobel Prize winner V.S. Naipaul and East Africa’s ... -
Between Killing and Letting Die in Criminal Jurisprudence
(Northern Illinois University Law Review, 2014-02)The distinction between act and omission is deeply embedded in our legal thinking. Criminal jurisprudence distinguishes sharply between harmful actions and harmful omissions and, consequently, between killing and letting ... -
Beyond Red Light Enforcement Against the Guilty But Innocent: Local Regulations of Secondary Culprits
(2011)Automated traffic enforcement schemes, employing speed and red light cameras, are increasingly used by local governments in the United States. In some schemes, traffic violations are pursued against the owners as well as ...
