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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Pa-‘trolling’ the False Marking Frontier: Giving Section 292 the Proper Makeover in Wake of the America Invents Act
(Northern Illinois University Law Review, 2012-09)Prohibiting false patent marking on various products and goods is not a new concept in intellectual property law. For the last 170 years, laws have been on the books to prevent individuals and manufacturers from deceiving ... -
Eenie, Meenie, Miney, Mo: The Cost of Not Including Domestic Violence Shelters Within the Definition of Dwelling
(Northern Illinois University Law Review, 2012-09)As the law currently stands, domestic violence shelters are not included in the definition of a “dwelling” in Title VIII of the Civil Rights Act of 1968 and, therefore, these shelters can turn away any protected class. ... -
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 ... -
The Forgotten Jurisdiction
(Northern Illinois University Law Review, 2012-09)This article is the first exclusively devoted to analyzing nine over-looked words in Article III of the Constitution. While there has been extensive mining of most of the three sentences in Article III that the framers ... -
Substantive Reasonableness Review of Federal Criminal Sentences: A Proposed Standard
(Northern Illinois University Law Review, 2012-09)After the United States Supreme Court announced in United States v. Booker that, henceforth, federal criminal sentences would be re-viewed for “reasonableness,” it instructed that appellate courts could review sentences ... -
Religion / State: Where the Separation Lies
(Northern Illinois University Law Review, 2012-09)Recent U.S. Supreme Court decisions regarding the scope of the Establishment Clause have failed to provide a clear framework for determining what government actions are prohibited. Part of the problem concerns what kinds ... -
Vol. 33, no. 1, Fall 2012: Table of Contents
(Northern Illinois University Law Review, 2012-09) -
Limits on School Disciplinary Authority over Online Student Speech
(Northern Illinois University Law Review, 2013-02)When, if ever, can a public secondary school in the United States legally discipline a student for the content of a personal website, a Facebook post, a text message, or an email that the student created or transmitted ... -
The Man Behind the Mask: Defamed Without a Remedy
(Northern Illinois University Law Review, 2013-02)Defamation law is a balance between the right of one person to speak and the right of another person to cure injuries to their reputation. Section 230 of the Communications Decency Act has substantially altered the careful ... -
Is Torture Justified in Terrorism Cases?: Comparing U.S. and European Views
(Northern Illinois University Law Review, 2013-02)Popular opinion regarding torture has changed significantly in the wake of 9/11 and subsequent terrorist attacks, with people in affected countries generally becoming more accepting of it as an interrogation tactic. This ... -
When Rain Falls, Insurance Companies Should Listen: Determining “Weather” an Insurance Policy’s Exclusion or Inclusion of Property in the Open Refers to Property Simply Left Outside or Property Exposed to the Elements
(Northern Illinois University Law Review, 2013-02)This Article explores the meaning of "in the open" in the context of insurance policy interpretation. This issue, which has been addressed by several state and federal courts, has existed for over forty years. This Article ... -
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 ... -
Vol. 33, no. 2, Spring 2013: Table of Contents
(Northern Illinois University Law Review, 2013-02) -
Stop, Collaborate, and Listen!: The Effect of Collaboration on Innovation and Policy in Medicaid Reform as Applied to the Illinois SMART Act and the New York Approach
(Northern Illinois University Law Review, 2013-06)Recently, both Illinois and New York found themselves between a rock and a hard place as they were forced to choose where to save on providing vital medical services for their aging and poor residents. In order to cut their ... -
Illinois’s Freedom of Information Act: More Access or More Hurdles?
(Northern Illinois University Law Review, 2013-06)Although the 2009 amendments to the Illinois Freedom of Information Act (FOIA) were intended to increase government transparency, the amendments lack the necessary sanctions, neutral oversight, and incentives for compliance ... -
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 ... -
Reconsidering the Gathering/Publication Dichotomy: Recording as Speech? What Next?
(Northern Illinois University Law Review, 2013-06)The First Amendment information-gathering right has always been inferior to the long-established right to speak and publish. As such, the danger has been that a court concerned, for example, with prejudicial publicity could ... -
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 ... -
Vol. 33, no. 3, Summer 2013: Table of Contents
(Northern Illinois University Law Review, 2013-06)
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