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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Torture, Inc.: Corporate Liability under the Torture Victim Protection Act
(Northern Illinois University Law Review, 2010-11)The Torture Victim Protection Act (TVPA) was passed by Congress to provide a modern cause of action for victims of torture around the world. The TVPA allows victims anywhere to bring suit in the Untied States for torture ... -
Kicking “Single-Entity” to the Sidelines: Reevaluating the Competitive Reality of Major League Soccer after American Needle and the 2010 Collective Bargaining Agreement
(Northern Illinois University Law Review, 2010-11)The negotiation of the 2010 Collective Bargaining Agreement brought tense times for professional soccer in the United States. The Major League Soccer Players’ Union sought free agency as a part of the 2010 CBA, a term that ... -
Misreading Knight
(Northern Illinois University Law Review, 2010-11)This article provides an explanation to an as-yet unresolved historical anomaly: The government's 1911 decision to prosecute U.S. Steel under the Sherman Antitrust Act. The government filed suit in the face of clearly ... -
Considerations for Professional Sports Teams Contemplating Going Public
(Northern Illinois University Law Review, 2010-11)The recent and lingering recession has put a significant financial strain on many industries and businesses in the United States, especially professional sports teams. While professional sports teams may not be the most ... -
The Need for Rational Boundaries in Civil Conspiracy Claims
(Northern Illinois University Law Review, 2010-11)Recently, the tort of civil conspiracy has become a favored weapon of plaintiffs’ lawyers in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well ... -
The Law of Citations and Seriatim Opinions: Were the Ancient Romans and the Early Supreme Court on the Right Track?
(Northern Illinois University Law Review, 2010-11)This article explores the oft forgotten and somewhat misunderstood ancient Roman law methodology known as the Lex Citandi, or Law of Citations. The Law of Citations was a relatively simple theory in which authority was ... -
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 ... -
Vol. 31, no. 1, Fall 2010: Table of Contents and Masthead
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A New Leader in the World of Legalized Gambling: What the Illinois General Assembly Should do to Protect Pathological Gamblers from the Rapidly Expanding Industry
(Northern Illinois University Law Review, 2011-04)This Comment addresses the increasingly recognized disorder of pathological gambling and the lack of consideration it receives from the Illinois General Assembly as gambling in Illinois continues its trend of rapid ... -
The Law of Education: Educational Rights and the Roles of Virtues, Perfectionism, and Cultural Progress
(Northern Illinois University Law Review, 2011-04)This article recognizes the importance of rights-talk in the law of education, but encourages supplementing that rights-talk with a focus on some basic and largely uncontroversial personal and civic virtues; as well as on ... -
A Rational Post-Booker Proposal for Reform of Federal Sentencing Enhancements for Prior Convictions
(Northern Illinois University Law Review, 2011-04)In this article we propose a solution to one of the more vexing problems in current federal sentencing jurisprudence: classification of prior offenses for the purpose of applying sentencing enhancements in immigration ... -
Fairness at the Expense of Commercial Certainty: The International Emergence of Unconscionability and Illegality as Exceptions to the Independence Principle of Letters of Credit and Bank Guarantees
(Northern Illinois University Law Review, 2011-04)International transactions involve an array of risks. A persistent risk in individual commercial transactions occurs when parties do not know each other well enough to trust each other. Letters of credit and bank guarantees ... -
Voluntary Dismissals and the Evolution of Illinois’ Rule Against Claim Splitting
(Northern Illinois University Law Review, 2011-04)Under Illinois’ rule against claim-splitting, a plaintiff is generally prohibited from maintaining separate and subsequent lawsuits where it raises different theories or different prayers for relief which arise out of the ... -
Vol. 31, no. 2, Spring 2011: Table of Contents and Masthead
(Northern Illinois University Law Review, 2011-04) -
Unnaturally Stubborn: Illinois’ Reluctance in Krywin v. Chicago Transit Authority to Do Away with the Natural Accumulation Rule, and the Resulting Impact upon the Duty of Common Carriers
(Northern Illinois University Law Review, 2011-06)The Natural Accumulation Rule is a legal doctrine that has been interpreted and applied by the Illinois courts to mean that a landowner may escape liability for injuries to a third party on his or her land that occur as a ... -
Dead on Arrival: The Health Insurance Industry’s Bleak Prognosis due to Unconstitutional Ratemaking in the Patient Protection and Affordable Care Act
(Northern Illinois University Law Review, 2011-06)The public discussion surrounding health care reform thus far has centered around how the newly enacted law will affect consumers. Yet, the law most profoundly affects the health insurance industry, whose interests have ... -
What is the Monetary Value of Slave Labor?: Restitution Based on a Traditional Fair Market Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims
(Northern Illinois University Law Review, 2011-06)Human trafficking is an abomination that decimates the lives of the trafficked, fracturing families, and is an act exploiting human labor as a renewable resource. Post-conviction proceedings primarily focus on the disposition ... -
Lessons from the Road: Ecuador, Jamaica, and Other Efforts to Combat Trafficking in Persons in the Americas
(Northern Illinois University Law Review, 2011-06)This article identifies obstacles encountered in the hemisphere and provides practical examples in order to assist countries in adopting laws that are not only consistent with their international obligations, but more ... -
The Eyes that Blind Us: The Overlooked Phenomenon of Trafficking into the Agricultural Sector
(Northern Illinois University Law Review, 2011-06)This article offers an analysis of American anti-trafficking legislation. It documents the level of American preoccupation with trafficking for sex work by using existing data from the Department of Justice to demonstrate ... -
On Making Persons: Legal Constructions of Personhood and Their Nexus with Human Trafficking
(Northern Illinois University Law Review, 2011-06)This article identifies and analyzes the role of law in constructing personhood and the impact of such construction on human trafficking. Who is a “person”? Are all human beings “persons”? Are children, legal immigrants, ...
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