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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The Federal Common Law of Foreign Relations
(Northern Illinois University Law Review, 2005-11)This comment asserts that mere foreign policy implications should not be enough to establish federal jurisdiction over the litigation of an otherwise exclusively state law claim, as some circuits have allowed. The Second, ... -
Brave New School: A Constitutional Argument Against State-Mandated Mental Health Assessments in Public Schools
(Northern Illinois University Law Review, 2005-11)This comment examines the constitutionality of emotional health assessments in public schools. Despite the Supreme Court's recognition nearly a century ago that parents have a right to control the education of their children, ... -
Article I Courts, Substantive Rights, and Remedies for Government Misconduct
(Northern Illinois University Law Review, 2005-11)This article argues that Article I courts can use equitable principles to provide individuals who have been victimized by corrupt behavior of government attorneys with a remedy. Article III courts have struggled to define ... -
How We Got Where We Are: A Look at Informed Consent in Colorado--Past, Present, and Future
(Northern Illinois University Law Review, 2005-11)This article examines the historical development of the doctrine of informed consent in this country, paying specific attention to its evolution in Colorado. In doing so, the author examines the two theories of patient ... -
Edict v. Dicta: Rolling Back Rights in the Second Circuit Under the Clearly Established Clause of the AEDPA Amended Habeas Statute
(Northern Illinois University Law Review, 2005-11)This article, through a close critical analysis of two recent habeas corpus decisions by the Second Circuit Court of Appeals, shows how appellate courts, under § 2254 of the AEDPA amended habeas statute, are methodically ... -
Vol. 26, no. 1, Fall 2005: Table of Contents
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Harper v. Poway Unified School District: The Wrong Path to the Right Outcome?
(Northern Illinois University Law Review, 2007-07)A case note looking at the case of Harper v. Poway Unified School District, where a high school student wished to wear a t-shirt to school that was derogatory towards homosexual students and was met with discipline by ... -
In the Global Market for Justice: Who is Paying the Highest Price for Judicial Independence?
(Northern Illinois University Law Review, 2007-07)Although states have continued to adapt their selection systems, as long as they rely on some form of election, the contests will continue to get nastier, nosier, and costlier, showing the need for reform. This comment ... -
Taking Voting Rights Seriously: Race and the Integrity of Democracy in America
(Northern Illinois University Law Review, 2007-07)In the end, democratic theory rests upon notions of market efficiency. Elections, like markets, involve the expression of preferences by numerous participants in the hope that collective judgments are a superior means of ... -
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 ... -
“Dollars, CPI, and Voter Empowerment": Public Act 94-976 and its Impact on Local Government Tax Referenda
(Northern Illinois University Law Review, 2007-07)Units of local government in the State of Illinois are increasingly reliant upon the property tax to support operations. The Property Tax Extension Limitation Law (PTELL) has placed limits on the ability of local governmental ... -
Vol. 27, no. 3, Summer 2007: Table of Contents
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Isolating Past Unfitness: The Obstacle of In re Gwynne P. for Incarcerated Parents in Illinois
(Northern Illinois University Law Review, 2007-05)This comment examines the termination of parental rights for incarcerated parents in Illinois through a discussion of the Illinois Supreme Court case, In re Gwynne P. The number of incarcerated mothers has dramatically ... -
Stepping In(come): Evaluating the Inherent Inconsistency of Illinois's Trend Toward Consideration of New Spouse Income in Child Support Modification
(Northern Illinois University Law Review, 2007-05)This comment provides an in-depth examination of the case law that established Illinois's current trend toward consideration of new spouse income in cases of child support modification. The author reviews the traditional ... -
Rescue the Americans With Disabilities Act from Restrictive Interpretations: Alcoholism as an Illustration
(Northern Illinois University Law Review, 2007-05)The article posits that judicial interpretations have virtually eliminated many impairments, such as alcoholism, from protection under the Americans with Disabilities Act, contrary to obvious Congressional intent. While ... -
Return of the Native? An Assessment of the Citizenship Renunciation Clause in Hamdi's Settlement Agreement in the Light of Citizenship Jurisprudence
(Northern Illinois University Law Review, 2007-05)The article examines the circumstances under which Yasser Hamdi, an American born detainee in the War on Terror, renounced his U.S. citizenship. The article analyzes Supreme Court jurisprudence on the loss of citizenship ... -
Vol. 27, no. 2, Spring 2007: Table of Contents
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Protecting the Most Vulnerable Victims: Prosecution of Child Sex Offenses in Illinois post Crawford v. Washington
(Northern Illinois University Law Review, 2006-11)This Comment examines the prosecution of pedophiles in Illinois after the United States Supreme Court's decision in Crawford v. Washington. The prosecution of pedophiles had frequently involved the use of extra judicial ... -
Self-Exclusion and the Compulsive Gambler: The House Shouldn't Always Win
(Northern Illinois University Law Review, 2006-11)This Comment examines the law revolving around a compulsive gambler's ability to exclude himself from a casino. While the current state of the law in many jurisdictions properly allows a person to place himself on a ... -
The Illinois Supreme Court Gives Policyholders a Break from the Two Front War
(Northern Illinois University Law Review, 2006-11)For many years, Illinois policyholders faced the prospect of a two-front war whenever they submitted a liability insurance claim. Insurers who did not believe they owed coverage could "honor" their duty to defend by filing ...
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