Browsing Northern Illinois University Law Review by Title
Now showing items 1-20 of 454
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The 1851 Shipowners' Limitation of Liability Act: Should the Courts Deliver the Final Blow?
(Northern Illinois University Law Review, 2004-07)This comment identifies the 1851 Shipowners' Limitation of Liability Act as an enduring problem within federal maritime law and suggests that the courts may be able to exercise their powers of judicial review to strike it ... -
The 1970 Illinois Constitution: A Well-Tailored Garment
(Northern Illinois University Law Review, 2010-05)In American political theory, a state constitution is the supreme and fundamental law of a state. A state constitution must meet present and foreseeable needs, but must also allow for appropriate change to address evolving ... -
The 2002 Supreme Court Decisions: Did They Leave Enough of Apprendi to Effectively Protect Criminal Defendants?
(Northern Illinois University Law Review, 2003-11)This comment explores the true impact of the 2000 landmark decision, Apprendi v. New Jersey, in which the United States Supreme Court determined that any fact that increases a criminal defendant's sentence beyond the ... -
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 ... -
Addressing the Medical Malpractice Insurance Crisis: Alternatives to Damage Caps
(Northern Illinois University Law Review, 2006-05)This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is ... -
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 ... -
Adolescent Sports Violence-when Prosecutors Play Referee. Making Criminals out of Child Athletes, but Are They the Real Culprits?
(Northern Illinois University Law Review, 2001-07)With increasing regularity, prosecutors across the United States are being asked to delineate a line between aggressive play and acts of violence that exceed an acceptable level. This includes the once docile province of ... -
Adult Survivors of Childhood Sexual Abuse Seeking Compensation From Their Abusers: Are Illinois Courts Fairly Applying the Discovery Rule to All Victims?
(Northern Illinois University Law Review, 2003-05)Victims of this childhood sexual abuse suffer tremendous injuries, some of which can carry on into adulthood. Some of the injuries might not manifest until years after the abuse has ended. Adults often do not realize that ... -
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 ... -
The Almost Rise and Not Quite Fall of the Political Gerrymander
(Northern Illinois University Law Review, 2007-07)This article discusses what future, if any, political gerrymandering claims have in light of the Supreme Court's decision in LULAC v. Perry, the Texas redistricting case. The article also examines the various methods and ... -
The American Law Institute Principles of Family Dissolution, the Approximation Rule and Shared-Parenting
(Northern Illinois University Law Review, 2005-07)This article discusses the ALl Principles of Family Dissolution which proposes a default rule to determine child custody when parents cannot agree. That rule, known as the Approximation Rule, requires the court to allocate ... -
An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act
(Northern Illinois University Law Review, 2002-05)In this piece, the author examines the drafting of the Uniform Mediation Act in light of the eleven guiding principles endorsed by the organizations represented by the author. The author examines and analyzes numerous ... -
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 ... -
Apparent Authority and Healthcare in Illinois
(Northern Illinois University Law Review, 2002-07)This piece examines and dissects two Illinois Supreme Court cases which utilized apparent authority to hold hospitals and HMOs vicariously liable for non-agent or non-servant agent physician negligence. The author argues ... -
Apparent Authority and Healthcare in Illinois - Revisted
(Northern Illinois University Law Review, 2006-11)This article discusses the recent Illinois Supreme Court decision, York v. Rush Presbyterian St. Luke's Medical Center, which addressed the reliance element in the overall analysis of apparent authority in the healthcare ... -
Application of the Remedial Purpose Canon to CERCLA Successor Liability Issues After United States v. Bestfoods: Why State Corporate Law Should Be Applied in Circuits Encompassing Substantial Continuity Exception States
(Northern Illinois University Law Review, 2010-05)Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 to address the growing problem of improper hazardous waste disposal. Due to the rushed enactment of CERCLA, however, ... -
Applying Intent-Based Parentage Principles to Nonlegal Lesbian Coparents
(Northern Illinois University Law Review, 2005-07)With increasing frequency, courts are being asked to determine the parental rights of lesbian partners; some of these partners have no biological connection to their child(ren) while others have donated genetic material. ... -
Arctic National Wildlife Refuge Oil: Canadian and Gwich'in Indian Legal Responses to 1002 Area Development
(Northern Illinois University Law Review, 2004-07)The Arctic National Wildlife Refuge in Alaska contains an area commonly referred to as the 1002 area. This area contains millions barrels of oil but is currently protected from oil development by Congress. Many groups ...
