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Filing With Your Fingers Crossed: Should a Party Be Sanctioned for Filing a Claim to Which There is a Dispositive, Yet Waivable, Affirmative Defense?
(1997)
The complications involved in addressing whether Rule 11 sanctions on plaintiff are appropriate in an instance where affirmative defenses are available to defendant are addresses in this article. The federal court’s different ...
Expert Opinion Pleading: Any Merit to Special Certificates of Merit?
(1997)
Civil litigation reform to reduce frivolous civil lawsuits was a hot topic in the most recent Presidential debates. It has stirred much recent interest and action in state and federal legislatures. Some new developments ...
Leapfrogging the Constitution: The Rise of State Takings Legislation
(1997)
This article will examine the recent and potentially significant trend in state takings legislation. Part I will describe the development and current state of Supreme Court takings law. Part II will then survey current ...
Property and the First Amendment
(1997)
This article will examine the relationship of property interests to First Amendment exercise, and in particular the Supreme Court’s treatment of the ways property interests might interact with First Amendment rights. ...
The Quicksands of The Poor Law: Poor Relief Legislation in a Growing Nation, 1790-1820
(Northern Illinois University Law Review, 1997-11)
This article reviews the development of poor relief laws from 1790 to 1820. The scope of the article will survey the laws affecting the poor people developed by the states as they joined the union and by the federal ...
The Trust Doctrine in Federal Indian Law: A Look at Its Development and How Its Analysis Under Social Contract Theory Might Expand Its Scope
(Northern Illinois University Law Review, 1997-11)
This article explores the continuing legal relationship between American Indians and the federal government of the United States. Namely, the battle over controlling internal tribal affairs. The history of that relationship ...
Toward Fairness in Compensation of Management and Labor: Compensation Ratios, A Proposal for Disclosure
(Northern Illinois University Law Review, 1997-11)
This article will discuss the general history of executive compensation and the concept of "excessive compensation" as it has developed in corporate America. The article advocates a change in current SEC disclosure ...
Smith v. Fair Employment and Housing Commission: Religious Freedom and Anti-discrimination Laws Square Off in the Landlord/Tenant Setting
(Northern Illinois University Law Review, 1997-11)
This casenote examines the California Supreme Court decision of Smith v. Fair Employment and Housing Commission and determines that the analysis applied by the court was improper and not in conformance with precedential ...
Defamation in an Age of Political Correctness: Should a False Public Statement that a Person is Gay be Defamatory?
(Northern Illinois University Law Review, 1997-11)
This article reviews the important public policy decision that individuals should be free to protect their reputations from false and derogatory remarks. Most notably, the article explores the issues of whether a public ...
BMW of North America v. Gore: A Misplaced Guide for Punitive Damage Awards
(Northern Illinois University Law Review, 1997-11)
This casenote examines the Supreme Court's landmark ruling in BMW v. Gore, in which the Court struck down a jury award of punitive damages as being unreasonably large in violation of substantive due process. This Note ...