The Northern Illinois University Law Review
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The Northern Illinois University Law Review is a student-edited journal that publishes articles designed to assist the legal community and to stimulate critical discussion of current legal, policy, and social issues.
The Review publishes three issues per year, with the third issue being dedicated to a specific legal or social issue the membership has collectively decided to highlight. Referred to as the "Symposium" issue, this issue is released in conjunction with a one-day conference comprised of presentations, round-table discussions, and keynote addresses by experts on the Symposium topic.
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The Northern Illinois University Law Review (print version)
The Northern Illinois University Law Review (ISSN 0734-1490) is published tri-annually by the students of the Northern Illinois University College of Law, DeKalb, Illinois 60115-2854. -
The Online Supplement to the Northern Illinois University Law Review
This online journal is a supplement to the three editions of the Law Review published annually. It specifically highlights the work of NIU College of Law students and is released once a semester
Recent Submissions
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The Constitutional Guarantee of Freedom to Surcharge: Brandishing the First Amendment to Strike Down Surcharge Bans
(Northern Illinois University Law Review, 2018-11)In what might be described as a modern-day David and Goliath, merchants in the United States find themselves pitted against both credit card companies and state legislatures in a battle over the ability to impose surcharges ... -
What Will It Take? Examining the Use of Preliminary Hearing Testimony Where Victims are Unavailable Due to Mental Illness Stemming from Domestic Violence and Sexual Assault
(Northern Illinois University Law Review, 2018-11)A particular problem exists that domestic violence and sexual assault victims face when bringing their abusers to court. This is whether the use of preliminary hearing testimony can be utilized where a victim is unavailable ... -
The Stringent Takings Test for Impact Fees in Illinois: Its Origins and Implications for Home Rule Units and Legislation
(Northern Illinois University Law Review, 2018-11)Many Illinois municipalities impose exactions, or impact fees, on new housing developments. Appropriate impact fees offset the anticipated financial burdens on government created by a resulting increase in population, such ... -
Can State Constitutional Development Make a Difference in Illinois?
(Northern Illinois University Law Review, 2018-11)For over a decade, Illinois has faced perilous financial and political crises. Many commentators believe that state constitutional development in the context of pensions, term limits, and legislative redistricting are a ... -
Resistance Strategies in the Immigrant Justice Movement
(Northern Illinois University Law Review, 2018-11)Topics of immigration reform have created deep polarization. To some degree, these political and societal divisions regarding immigrants’ place and ability to remain in the United States drove the Republican successes in ... -
Vol. 39, no. 1, Fall 2018: Table of Contents and Masthead
(Northern Illinois University Law Review, 2018-11) -
Lost in Translation: Persons with Limited English Proficiency and Police Interaction in the United States
(2018-11)This article explores United States jurisprudence of the constitutionality of language rights as it correlates to communications between law enforcement officials and non-English speaking persons in emergency situations. ... -
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
(Northern Illinois University Law Review, 2010-11) -
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 ...
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