Browsing College of Law Faculty Publications by Issue Date
Now showing items 1-20 of 196
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Let Live and Let Die: Disabled Newborns and Contemporary Law
(1982)Several thousand infants die in the United States each year as a result of parental decisions to withdraw or withhold necessary medical treatment. Physicians implement these decisions in treating infants born with disabilities ... -
The Duty to Prevent Handicaps: Laws Promoting the Prevention of Handicaps to Newborns
(1983)Lawmakers addressing the problem of legal rights of the handicapped traditionally have tended to focus on the legal rights afforded those persons already possessing certain physical or mental handicaps. Specifically, their ... -
The Process of Factfinding in Judicial Rulemaking: "Some Kind of Hearing" on the Factual Premises Underlying Judicial Rules
(1984)Judicial promulgation of generally applicable rules involving the administration and operation of American judicial systems has been increasingly criticized during the past decade as both too secretive and too closed. There ... -
The New Method of Regulating Lawyers: Public and Private Interest Sanctions During Civil Litigation for Attorney Misconduct
(1987)The topic of regulating attorney conduct most immediately raises thoughts of disciplinary panels established by court rule or legislative enactment. Such enforcement mechanisms typically are employed to hear alleged ... -
Where to Pray? Religious Zoning and the First Amendment
(1987)Despite emerging recognition that the normal rules do not apply when zoning affects first amendment activities, the Supreme Court has not yet definitively addressed zoning restrictions that affect the exercise of religion. ... -
Choices About Attorney Fee-Shifting Laws: Further Substance/Procedure Problems under Erie and Elsewhere
(1988)Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that ... -
Policing Bias and Conflicts of Interest in Zoning Decisionmaking
(1989)This article will attempt a comprehensive review of the issues involved in policing bias and conflicts of interests in zoning decisionmaking. Part one will briefly discuss the nature of zoning decisionmaking and the value ... -
Comparative American Judicial Systems
(1990)Far too often when we discuss American courts and their judicial systems, we take little note of the significant differences in the ways in which cases are handled and law is practiced. We probably contemplate the dichotomy ... -
Observations on Recent Efforts to Deter Frivolous Papers in the Illinois Circuit Courts
(1990)Recently, significant legislative initiatives have been made to deter the filing of frivolous papers in the Illinois Circuit Courts. These initiatives authorize the imposition of sanctions on those who file litigation ... -
Prospective Fathers and Their Unborn Children
(1990)While significant national attention has recently been paid to varying questions about the legal duties of prospective mothers to their unborn children, little comparable focus has been placed on the duties of prospective ... -
Defendant Class Actions Under Rule 23(b)(2): Resolving the Language Dilemma
(1991)This Article explores the language dilemma created by the provisions of subsection (b)(2). After setting out the precise nature of the language dilemma, the Article discusses the arguments of those courts that have denied ... -
Failed or Uneven Discourse of State Constitutionalism?: Governmental Structure and State Constitutions
(1992)ln his Michigan Law Review article, "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection ... -
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 ... -
Preparing Minority Students for Law School: The Program for Minority Access to Law School
(1992)Students of color traditionally have been under-represented in law school admissions, and those admitted have higher attrition rates than their white counterparts. In response to these concerns, law schools have instituted ... -
The Forum Selection Clause: A Tale of Two Concepts
(1993)This article posits that lack of discussion is a principal reason why the parameters of the forum selection clause remain ill-defined, and that the struggle to construct a standard for enforcement has proven difficult. ... -
Pregnant Dads: The Crimes and Other Misconduct of Expectant Fathers
(1993)Toward the end of the last millennium, there was a surge in state action seeking to protect potential human life. This activity chiefly occurred ín two fields. One was quite fertile, the other barren. A third field still ... -
Disciplinary Referrals Under New Federal Civil Rule 11
(1993)The 1983 amendments to Federal Civil Procedure Rule 11, concerning sanctions for frivolous litigation papers, prompted much controversy and satellite litigation. By the latter 1980s many called for further changes to the ... -
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and Think-Again" Rule
(1993)The 1983 amendments to Federal Rule of Civil Procedure Rule 11, which dealt with frivolous litigation papers, prompted much controversy, satellite litigation, and a new cottage industry, Rule amendments in 1983 increased ... -
Sanctioning Legal Organizations Under the New Federal Civil Rule 11: Radical Changes Loosen More Unforeseeable Forces
(1994)Prompted by their perception that significant civil litigation misconduct involving frivolous papers was occurring in federal trial courts, the federal judicial rulemakers first effected a major overhaul of Rule 11 of the ... -
The Presence of Family Members and Others During Attorney-Client Communications: Himmel's Other Dilemma
(1994)In re Himmel, the Illinois Supreme Court addressed the dilemma that confronted attorney James Himmel, who had been forced to choose between reporting another attorney's misconduct and maintaining his own client's secret. ...
