The Northern Illinois University Law Review (print version)
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The entire run of the Northern Illinois University Law Review is in the process of being uploaded to Huskie Commons. Not all articles are currently available online.
Except as otherwise provided, the author of each article in this issue has granted permission for copies of the article to be made available for classroom use provided that: (1) copies of the article are distributed at or below cost, (2) the author and the Northern Illinois University Law Review are identified clearly on the copies, and (3) proper notice of copyrights are affixed to each copy.
Recent Submissions
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Shuttered: An Examination of How the 2013 Chicago Public School Closings are Denying Special Education Students the Right to an Appropriate Public Education
(Northern Illinois University Law Review, 2014-09)Recently, the Chicago Public School system faced financial crisis as it struggled to balance severe budget cuts against overwhelming pension obligations. CPS responded to the crisis by immediately closing forty-nine ... -
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 ... -
The U.C.C. and Perfection Issues Relating to Farm Products
(Northern Illinois University Law Review, 2014-09)The Uniform Commercial Code (the U.C.C.), first proposed in 1952, is designed to harmonize the various state laws dealing with commercial transactions. To date, the U.C.C. has been adopted in all fifty states. Article 9 ... -
Privately Funded Family Medical Leave?
(Northern Illinois University Law Review, 2014-09)Upon the twentieth anniversary of the passage of the Family Medical Leave Act of 1993, activists have been pressed to correct its failure to grant American workers federally funded paid leave similar to those found in other ... -
The Fourteenth Amendment: A Structural Waiver of State Sovereign Immunity from Constitutional Tort Suits
(Northern Illinois University Law Review, 2014-09)The Supreme Court's state sovereign immunity jurisprudence has undergone a fundamental change. Although the Immunity Theory of the Eleventh Amendment remains the approved methodology for assessing a State's sovereign ... -
Two Figures in the Picture: How an Old Legal Practice Might Solve the Puzzle of Lost Punitive Damages in Legal Malpractice
(Northern Illinois University Law Review, 2014-09)When lawyers err, clients must pay the price. If a lawyer’s action, or inaction, prevents a client from succeeding in a lawsuit, the lawyer must pay the amount necessary to make the client whole. But what does it mean to ... -
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. ... -
Vol. 35, no. 1, Fall 2014: Table of Contents
(Northern Illinois University Law Review, 2014-08) -
Playing Hide and Seek with Big Brother: Law Enforcement’s Use of Historical and Real Time Mobile Device Data
(Northern Illinois University Law Review, 2015-02)Cell phones and smartphones are everywhere. Today the majority of Americans own one of these mobile devices. Because these devices are only useful when within arm’s reach, they are almost always in the same location as ... -
Every Consumer Knows How to Run a Business: The Dangerous Assumptions Made When a Prior Possession Conviction is Admitted as Evidence in a Case Involving Commercial Drug Activity
(Northern Illinois University Law Review, 2015-02)This Comment provides a discussion on Federal Rule of Evidence 404(b), which for the past few decades has allowed federal prosecutors to use instances of prior possession to fulfill elements of a different crime involving ... -
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 ... -
If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children
(Northern Illinois University Law Review, 2015-02)This Article presents the history of the adoption assistance programs of the United States and analyzes state Medicaid practice related to the federal statutory provisions that established the benefit and the Constitutional ... -
No Excuses: Protecting the Vulnerable After Brown v. Buhman
(Northern Illinois University Law Review, 2015-02)This Article responds to the December 2013 federal court ruling striking down a criminal ban on polygamous cohabitation in Utah. In its decision, the court chided the state for its failure to present “competent” evidence ... -
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 ... -
Vol. 35, no. 2, Spring 2015: Table of Contents
(Northern Illinois University Law Review, 2015-02) -
Fracking in Illinois: Implementation of the Hydraulic Fracturing Regulatory Act and Local Government Regulatory Authority
(Northern Illinois University Law Review, 2015-07)High-volume horizontal hydraulic fracturing (Fracking) is a relatively new means of drilling for oil and gas resources. With the knowledge that the oil and gas industry was purchasing land leases in southern Illinois and ... -
The Worst of Both Worlds: The Wild West of the “Legal” Marijuana Industry
(Northern Illinois University Law Review, 2015-07)As states have legalized marijuana, they have created a booming industry that operates in violation of the federal Controlled Substances Abuse Act. Like the tobacco and alcohol industries, this new legal marijuana industry ... -
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 ... -
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 ... -
Juvenile Sentencing in Illinois: Addressing the Supreme Court Trend away from Harsh Punishments for Juvenile Offenders
(Northern Illinois University Law Review, 2015-07)The United States Supreme Court has steadily been changing the way it approaches juvenile sentencing since 2005. This ideological shift has occurred as a response to the increase in biological and sociological studies, ...
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