Browsing The Northern Illinois University Law Review by Title
Now showing items 1-20 of 221
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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 ... -
Administrative Leave as an Adverse Action for Title VII Retaliation: New Principles for Liability Call for New Updates to Policy
(Northern Illinois University Law Review, 2017-04)The time has come for employers and their attorneys to recognize that placing an employee on paid administrative leave, pending an investigation (or otherwise), has become a riskier proposition under Title VII of the Civil ... -
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 ... -
The Age of Impunity: Using the Duty to Extradite or Prosecute and Universal Jurisdiction to End Impunity for Acts of Terrorism Once and For All
(Northern Illinois University Law Review, 2011-11)Impunity remains one of the greatest challenges facing international peace and security today. This article seeks to lay out possible changes to current international law that are necessary to combat impunity, particularly ... -
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 ... -
Another Tile in the “Jurisdictional Mosaic” of Lawyer Regulation: Modifying Admission by Motion Rules to Meet the Needs of the 21st Century Lawyer
(Northern Illinois University Law Review, 2018-04)Can practicing law on a less than "full-time" basis hinder a lawyer's future mobility? The answer depends on which jurisdiction you ask. A parent who is considering a reduced hours schedule for family reasons or a recent ... -
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 ... -
Avoiding a Lawyers’ Race to the Foreclosure Bottom: Some Advice to Lawyers for Lenders and Borrowers on Their Roles in Foreclosure Litigation
(Northern Illinois University Law Review, 2012-06)Lawyers for lenders and borrowers are joining their clients in questionable actions in foreclosure litigation as a massive number of borrower defaults have led to a flood of lawsuits. This article describes some of the ... -
Banned from the IV League: Advocating the Extension of the Choice of Evils Defense to Protect Blood Manufactures from Liability for Taking Donations from Individuals at “High-risk” of Transmitting Human Immunodeficiency Virus (HIV) During Times of Extreme Emergency
(Northern Illinois University Law Review, 2018-04)A-positive to O-negative, men who have sex with men face an uphill battle when attempting to give the greatest gift of all, life itself. Current FDA regulation places a twelve-month deferral on MSM from their last sexual ... -
Barking Up the Wrong Tree: Companion Animals, Emotional Damages and the Judiciary’s Failure to Keep Pace
(Northern Illinois University Law Review, 2012-04)What is the value of afternoon walks in the park? Evenings spent relaxing on a living room sofa? A wet face licking and waging tail every day when you come home? If posed to a pet owner, the answer to these three questions ... -
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 Dr. Frankenstein’s Monster: Human Germline Editing and the Implications of Waiting to Regulate
(Northern Illinois University Law Review, 2018-06)From the birth of bioethics in the United States to the hindrance of advancement caused by laws that claim to remove barriers to innovation, CRISPR and its germline editing abilities simply cannot live up to their full ... -
Brandeisian Experiment Meets Federal Preemption: Is Cooperative Federalism a Panacea for Marijuana Regulation?
(Northern Illinois University Law Review, 2015-07)This Article traces marijuana regulation’s federal-state dichotomy through a multi-dimensional prism to evaluate states’ rights with a Brandeisian experiment under the Constitution’s Tenth Amendment. The genesis of this ... -
Brougham’s Ghost
(Northern Illinois University Law Review, 2015-02)In defending Queen Caroline in the House of Lords, Henry Brougham declared, “[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that ... -
Catch 22: The Rising Concern of Faith Being Removed From Counseling and the First Amendment Concerns Associated
(Northern Illinois University Law Review, 2015-02)This article addresses a growing concern for a religious counselor. State statutes in California and New Jersey have been passed, banning the practice of sexual orientation change efforts for minors. Counseling students ... -
Clarifying Murky MERS: Does Mortgage Electronic Registration Systems, Inc., Have Authority to Assign the Mortgage Note in a Standard Illinois Foreclosure Action?
(Northern Illinois University Law Review, 2010-11)As the number of mortgage foreclosure actions has substantially increased over recent years, legal scrutiny of the mortgage foreclosure process has likewise increased. The question of whether a little known corporation ... -
The Clash Between Science and the Law: Can Science Save Nineteen-year-old Dzhokhar Tsarnaev’s Life?
(Northern Illinois University Law Review, 2014-09)The Supreme Court of the United States has found that youth under the age of 18 are fundamentally different than adults in ways that impact how they should be punished for their crimes. In Roper v. Simmons, Graham v. ... -
Collateral Matters: Housing Code Compliance in the Mortgage Crisis
(Northern Illinois University Law Review, 2012-06)This article begins by describing the paradigm shift in mortgage loan servicing produced over the past two decades by securitization and exotic financing products using residential property for collateral. It shows how ...
