Browsing The Northern Illinois University Law Review by Title
Now showing items 1-20 of 144
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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 ... -
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 ... -
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 ... -
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 ... -
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. ... -
The Common Market for International Students: Does a Right to Free Movement and Equal Treatment for Students Exist in the European Union?
(Northern Illinois University Law Review, 2016-09)The market for international students in Europe is a lucrative one. Although there is no express free movement of students in the Treaty on the Functioning of the European Union (“TFEU”), the European Court of Justice ... -
Condo-ning Eviction: Questioning the Illinois Approach to Forcible Entry and Detainer Actions With Regard to Condominium Unit Owners
(Northern Illinois University Law Review, 2016-02)Illinois is currently the only state that allows the forcible eviction of a condominium unit owner for failing to pay his monthly association dues. In Spanish Court Two Condominium Association v. Carlson, the Illinois ... -
Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms
(Northern Illinois University Law Review, 2013-09)Most contract cases involve disputes about the interpretation of the contracts. There is a voluminous law and economics literature on contract interpretation, but ironically, it does not address whether and how the contract ... -
The Constitutionality of Government Fees as Applied to the Poor
(Northern Illinois University Law Review, 2013-02)The United States Supreme Court has frequently addressed the constitutionality of government fees that indigent persons cannot afford to pay, relying on due process or equal protection principles to decide these cases. The ... -
The Curious Case of Dr. Jekyll and the Estate Tax Marital Deduction: Should Prenuptial Agreements Alter the Relationship?
(Northern Illinois University Law Review, 2013-02)The tax code bestows various benefits upon married taxpayers based on the presumption that married individuals form a single economic unit and should be taxed accordingly. This article explores this presumption in cases ... -
Cyberbullying and the Law
(Northern Illinois University Law Review, 2016-07)Laws are created to regulate behavior and criminalize actions. Sometimes those laws have unintended consequences when it is applied to behavior not anticipated to be covered by those laws. Most states do not have laws ... -
Declaratory Judgment Before Exhausting Administrative Remedies Under Illinois Law
(Northern Illinois University Law Review, 2012-09)Government agencies increasingly are pursing enforcement actions and litigation against companies they believe have violated laws and the agency’s regulations. News reports of multimillion-dollar settlements with government ... -
DNA Real Estate: The Myriad Genetics Case and the Implications of Granting Patent Eligibility to Complimentary DNA
(Northern Illinois University Law Review, 2014-09)In June 2013, in Ass’n for Molecular Pathology et. al., v. Myriad Genetics, Inc., the Supreme Court examined the patent eligibility of isolated (human) DNA and its components. This was in response to advances in breast ... -
A Doctrine of Sameness, not Federalism: How the Supreme Court’s Application of the “Equal Sovereignty” Principle in Shelby County v. Holder Undermines Core Constitutional Values
(Northern Illinois University Law Review, 2014-07)In Shelby County v. Holder, the Supreme Court eviscerated section 5 of the Voting Rights Act, a powerful remedy that applied to certain states and localities, which were identified by Section 4(b) of the Act. The Court ... -
Dogging Darwin: America’s Revolt Against the Teaching of Evolution
(Northern Illinois University Law Review, 2016-02)More than four in ten Americans believe that God created humans in their present form 10,000 years ago. American antagonism toward the teaching of evolution is deeply rooted in fundamentalist tradition and an aversion to ... -
Domestic Surveillance Via Drones: Looking Through the Lens of the Fourth Amendment
(Northern Illinois University Law Review, 2013-06)Prompted by a newly minted governmental conceptualization of domestic surveillance, this Article focuses on a set of legal and philosophical dimensions to evaluate whether drone-enabled surveillance of citizens comports ...
