Law Review Past Issues

Volume 39, Issue 1 - Fall 2018


Resistance Strategies in the Immigrant Justice Movement

- Mariela Olivares

Can State Constitutional Development Make a Difference in Illinois?

- John Christopher Anderson

The Stringent Takings Test for Impact Fees in Illinois: Its Origins and Implications for Home Rule Units and Legislation

- Lisa Harms Hartzler


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

- Kristin Grossman

The Constitutional Guarantee of Freedom to Surcharge: Brandishing the First Amendment to Strike Down Surcharge Bans

- Michael R. Biggott

Volume 39, Issue 2 - Spring 2019


Remembering Stacia Hollinshed

- James LeVault


Method Matters: Statutory Construction Principles and the Illinois Trade Secrets Act Preemption Puzzle in the Northern District of Illinois

- William Lynch Schaller

The Inexorable Expansion of Medicaid Expansion

- Brendan Williams


Thomas Cromwell’s Influence on the Laws of England: A Basic Review of the English System and Reforms in the Early 16th Century and the Rise of the Act of Attainder

- Heather R. Darsie

Police and Community Relations: Will “To Serve and Protect” be Words the Public Can Ever Trust?

- James Volpe

Mooove Over Cow’s Milk: Why the FDA Should Amend Their Guidelines to Include for Plant-Based Alternatives

- Lauren Harris

A Step Toward Normalizing End-of-Life Care: Implications of the Palliative Care and Hospice Education and Training Act (PCHETA)

- Robert Bulanda

Volume 39, Issue 3 - Summer 2019


The Gig Economy: An Annotated Bibliography

- Matthew Timko


Gig-Dependence: Finding the Real Independent Contractors of Platform Work

- Keith Cunningham-Parmeter

Tangled Up in Blue: Adapting Securities Laws to Initial Coin Offerings

- Ethan D. Trotz


Legislative and Regulatory Obligations on Corporate Attorneys: Production Data in the World of Sarbanes Oxley and General Data Protections

- David Tersteeg

Implications of Adopting Blockchain Technology on International Sales Transactions

-  Gregory Benson, Jr.

Volume 38, Issue 1 - Fall 2017


Safeguarding Judicial Integrity by Making the Executive Branch's Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise its Inherent Authority to Make Public the President's Tax and Investment Records

- Joshua Kastenberg

Terry v. Ohio at 50: What it Created, What it has Meant, is it Under Attack and is the Court Opening the Door to Police Misconduct?

- Jeffrey D. Swartz

Understanding the Ethics of Empowerment: An Elder Law Lawyer's Challenge or Obligation?

- Gregory T. Holtz


Honey Bees & Neonicotinoids: Why Pollinators Need More Protections

- Katherine Headley

Wage Theft: Pilfering Paychecks, One Lunch at a Time

- James D. LeVault


From the Editor’s Desk: A Tribute to Professor Reynolds


Volume 38, Issue 2 - Spring 2018


Another Tile in the Jurisdictional Mosaic of Lawyer Regulation: Modifying Admission by Motion Rules to Meet the Needs of the 21st Century Lawyer

- Abigail L. DeBlasis

Standards in Command Responsibility Prosecutions: How Strict, and Why?

- Michael J. Sherman

Dissolution and Rational Choice: The Unique Remedial Framework for Director Deadlock under the Illinois Business Corporation Act

- Kenneth J. Vanko


Banned from the IV League: Advocating the Extension of the Choice of Evils Defense to Protect Blood Manufactures from Liability for Taking Donations from Individuals at High-Risk of Transmitting Human Immunodeficiency Virus (HIV) during Times of Extreme Emergency

- Andrew J. Mertzenich

U.S. Higher Education Financing Has Significantly Changed, So Too Should Seventh Circuit Student Loan Discharge

- William L. Ryan

Volume 38, Issue 3 - Summer 2018



Race, Poverty, and Bail: An Annotated Bibliography

- Clanitra Stewart Nejdl


Division in the Illinois Appellate Court: What Is the Appropriate Standard of Review for Alleged Prosecutorial Misconduct during Closing Argument?

- Ryan T. Harding


The Illinois Bail Reform Act of 2017: Roadmap to Reform, or Reform in Name Only

- Devin Taseff

Support of Familial DNA Testing in Illinois Criminal Investigation

- Alexandra Aherne

Beyond Dr. Frankenstein's Monster: Human Germline Editing and the Implications of Waiting to Regulate

- Rebecca Rodriguez

Volume 37, Issue 1 - Fall 2016


The Common Market for International Students: Does a Right to Free Movement and Equal Treatment for Students Exist in the European Union?

- Jarrod Tudor

An Argument in Support of Tax-Free Per-Cap Distribution Payments Derived from Native American Nations Gaming Sources

- Arthur Acevedo

Toward Democracy in Criminal Procedure: The Significance & Limitation of Citizen Participation in Criminal Trials in an Attempt to Accomplish Democracy in Criminal Justice in Korea

- Soonmin Kwon

Legislation to Admit Evidence of Propensity When Prosecuting DUI Recidivists

- Patrick Kenneally


Prohibition’s Hangover: How Antiquated Illinois Beer-Law is Abused by Big Beer to the Substantial Detriment of Craft Breweries

 - Ryan R. Lee

Educating a Jury on Eyewitness Testimony: Using Jury Instructions is a Better Approach Than Expert Testimony

 - Kelly McKay

Volume 37, Issue 2 - Spring 2017


Policing Boilerplate: Reckoning and Reforming Rule 34's Popular - Yet Problematic - Construction

- Amir Shachmurove

Administrative Leave as an Adverse Action for Title VII Retaliation: New Principles for Liability Call for New Updates to Policy

- Zachary R. Cormier

Unilateral Executive Power ENSHRINED in Law: The Zivotofsky Court Stays the Course

- Kimberley L. Fletcher


Ready to Re-Launch: Fixing the Pitch for the Social Enterprise

- Shelley A. D. Sandoval

Cowboys Gone Rogue: The Bureau of Land Management's Mismanagement of Wild Horses in Light of Its Removal Procedures of Excess Wild Horses

- Kelsey Stangebye

Volume 37, Issue 3 - Summer 2017


Wrongful Convictions and Their Causes: An Annotated Bibliography

- Clanitra Stewart Nejdl & Karl Pettitt


Unmaking a Murderer: The Prosecutor's Duty to Remedy Wrongful Convictions

- Richard Schmack

In Eyes, We Trust: The Changing Landscape of Eyewitness Testimony

- Manveen Singh


Supply the Hand That Feeds: Narcotic Detection Dogs and the Fourth Amendment

- Megan Yentes

Persuading a State to Budge It: Benefits, Consequences, and Obstacles to State Budget Default Rules

- Margaret Nunne

Volume 36, Issue 1 - Fall 2015


“U Can’t Touch This” Fog Line: the Improper Use of a Fog Line Violation as a Pretext for Initiating an Unlawful Fourth Amendment Search and Seizure

- Harvey Gee

Illinois Lawyer Investigations of Current Client Concerns

- Jeffrey A. Parness

Just Because You Can, Doesn’t Mean You Should: Equal Protection, Free Speech, and Religious Worship

- Timothy J. Tracey

“That Justice Shall Be Done”—Constitutional Requirements, Ethical Rules, and the Professional Ideal of Federal Prosecution

- Charles R. Wilson


Wrestling With the Ecclesiastical Abstention Doctrine: How Puskar v. Krco Further Complicated the Heavily Litigated History of the Serbian Orthodox Church in America

 - Dan Knudsen

Gone Fishing: Angling for an Answer to Asian Carp Migration After the Seventh Circuit’s Refusal to Allow Hydrological Separation

 - Matthew A. Kratky

Volume 36, Issue 2 - Spring 2016


Out with the New and in With the Old: Why the Illinois Supreme Court went too far in Kirk v. Michael Reese Hospital and not far enough in Renslow v. Mennonite Hospital on the issue of duties owed to third-party non-patients in medical malpractice cases

- Andrea MacIver

Dogging Darwin: America’s Revolt Against the Teaching of Evolution

- Ruth C. Stern & J. Herbie DiFonzo


Suesz v. Med-1 Solutions, LLC: Definition of a Judicial District in the Venue Requirement of the Fair Debt Collection Practices Act

 - Daniel Mark

Condo-ning Eviction: Questioning the Illinois Approach to Forcible Entry and Detainer Actions With Regard to Condominium Unit Owners

 - Jeffrey M. Reed

Volume 36, Issue 3 - Summer 2016


Law Firm Marketing in the Age of Social Media: A Toolbox for Attorneys

- Annie Mentkowski

Free Speech and Defamation in an Era of Social Media: An Analysis of Federal and Illinois Norms in the Context of Anonymous Online Defamers

- Heidi Frostestad Kuehl

Cyberbullying and the Law

- Jamie Mosser

Prosecuting Threats in the Age of Social Media

- Enrique A. Monagas & Carlos E. Monagas



What’s Really at Steak: How Conflicts of Interest Within the FDA and USDA Fail to Protect Consumers

 - Christine Beaderstadt

Student-Athletes as Employees: Unmasking Athletic Scholarships

 - Zachary Bock

Volume 35, Issue 1 - Fall 2014


The Clash Between Science and the Law: Can Science Save Nineteen-year-old Dzhokhar Tsarnaev’s Life?

- Andrea MacIver

Two Figures in the Picture: How an Old Legal Practice Might Solve the Puzzle of Lost Punitive Damages in Legal Malpractice

- John M. Bickers

The Fourteenth Amendment: A Structural Waiver of State Sovereign Immunity from Constitutional Tort Suits

- Travis Gunn

Privately Funded Family Medical Leave?

- Bernie D. Jones

The U.C.C. and Perfection Issues Relating to Farm Products

- Robert D’Agostino and Bruce G. Luna II


DNA Real Estate: The Myriad Genetics Case and the Implications of Granting Patent Eligibility to Complimentary DNA

 - Sarah E. Hagan

Shuttered: An Examination of How the 2013 Chicago Public School Closings are Denying Special Education Students the Right to an Appropriate Public Education

 - Michael Toren

Volume 35, Issue 2 - Spring 2015


Brougham’s Ghost

- Michael Ariens

No Excuses: Protecting the Vulnerable After Brown v. Buhman

- Amos Guiora

If You Move, You Lose: The Interstate Medicaid Obligation to Special Needs Adopted Children

- Sharon McCartney, Victoria Blohm and Daniel Pollack

Catch 22: The Rising Concern of Faith Being Removed from Counseling and the First Amendment Concerns Associated

- Curtis Schube


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

 - Ashley Hinkle

Playing Hide and Seek with Big Brother: Law Enforcement’s Use of Historical and Real Time Mobile Device Data

 - Ryan Merkel

Issue 3 - Summer 2015


Medical Marijuana: An Overview of Select Resources

- Therese A. Clarke Arado and Annie Mentkowski


Brandeisian Experiment Meets Federal Preemption: Is Cooperative Federalism a Panacea for Marijuana Regulation?

- Saby Ghoshray

The 2015 Federal Budget’s Medical Marijuana Provision: An “End to the Federal Ban on Marijuana” or Something Less Than That?

- Alex Kreit

The Worst of Both Worlds: The Wild West of the “Legal” Marijuana Industry

- Luke Scheuer


Fracking in Illinois: Implementation of the Hydraulic Fracturing Regulatory Act and Local Government Regulatory Authority

 - John Abendroth

Juvenile Sentencing in Illinois: Addressing the Supreme Court Trend Away from Harsh Punishments for Juvenile Offenders

 - Maureen Dowling


Volume 34, Issue 1 - Fall 2013


- Catherine Jean Archibald

How Tax Increment Financing (TIF) Districts Correlate with Taxable Properties

- Randall K. Johnson

Rethinking the Worker Classification Test: Employees, Entrepreneurship, and Empowerment

- Griffin Toronjo Pivateau

Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms

- Donald J. Smythe

A Bend in the Law & Literature: Greed, Anarchy, and Dictatorship in the African Worlds of V.S. Naipaul and Ngugi Wa Thiong’o

- Dustin A. Zacks


Two Years Is Too Long: The Two-Year Ban on the Agency Model Can Save the E-Book Industry but Ruin Bookstores

 - Jessica Harrell

Equal Pay for Women Can Become a Reality: A Proposal for Enactment of the Paycheck Fairness Act

 - Catherine Lerum

Volume 34, Issue 2 - Spring 2014


Public Opinion and the Limits of State Law: The Case for a Federal Usury Cap

- Nathalie Martin

Physical and Financial Injuries: The Common Fund Doctrine and Its Application Under the Illinois Health Care Services Lien Act

- Ayla Ellison

Rethinking the Validity of State Religions: Is Antiestablishmentarianism a Fundamental Prerequisite for the Protection of Religious Rights Under International Human Rights Law?

- Julia L. Ernst

Between Killing and Letting Die in Criminal Jurisprudence

- Dr. Roni Rosenberg


An Inconsistent Truth: The Various Establishment Clause Tests as Applied in the Context of Public Displays of (Allegedly) “Religious” Symbols and Their Applicability Today

 - Emily Fitch

“Passing the Trash” in Illinois After Doe-3 v. McLean County Unit District No. 5: A Proposal for Legislation to Prevent School Districts From Handing Off Sexually Abusive Employees to Other School Districts

 - Noah Menold

Volume 34, Issue 3 - Summer 2014


Introduction to the Northern Illinois College of Law 2014 Symposium Shelby County v. Holder: A New Perspective on Voting Rights

- Marissa Liebling

To Make Freedom Happen: Shelby County v. Holder, The Supreme Court, and the Creation Myth of American Voting Rights

- Aderson Bellegarde Francois

A Doctrine of Sameness, not Federalism: How the Supreme Court’s Application of the “Equal Sovereignty” Principle in Shelby County v. Holder Undermines Core Constitutional Values

- Samuel Spital

Towards a Post-Shelby County Section 5 Where a Constitutional Coverage Formula Does Not Reauthorize the Effects Test

- Joshua P. Thompson



“Whoa”-ing Equine Clones’ Registration: Establishing Procompetitive Benefits to Counter the Anticompetitive Argument Against American Quarter Horse Association’s Ban on Clones

 - Alyssa Freeman

Modern Private Data Collection and National Security Agency Surveillance: A Comprehensive Package of Solutions Addressing Domestic Surveillance Concerns

 - Shaina Kalanges

Volume 33, Issue 1 - Fall 2012


Religion / State: Where the Separation Lies

- Vincent J. Samar

Substantive Reasonableness Review of Federal Criminal Sentences: A Proposed Standard

- Tim Cone

The Forgotten Jurisdiction

- John Massaro

Declaratory Judgment Before Exhausting Administrative Remedies Under Illinois Law

- Brian E. Neuffer & Deborah A. Ostvig


Eenie, Meenie, Miney, Mo: The Cost of Not Including Domestic Violence Shelters Within the Definition of Dwelling

- Arielle Denis

Pa-‘trolling’ the False Marking Frontier: Giving Section 292 the Proper Makeover in Wake of the America Invents Act

- Kevin Zickterman

Volume 33, Issue 2 - Spring 2013


The Curious Case of Dr. Jekyll and the Estate Tax Marital Deduction: Should Prenuptial Agreements Alter the Relationship?

- Kelly Moore

The Constitutionality of Government Fees as Applied to the Poor

- Henry Rose

Federal Constitutional Childcare Interests and Superior Parental Rights in Illinois

- Jeffrey Parness

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

- Marcus Jackson Jones

Is Torture Justified in Terrorism Cases?: Comparing U.S. and European Views

- Stephen Hoffman


The Man Behind the Mask: Defamed Without a Remedy

- Bryant Storm

Limits on School Disciplinary Authority over Online Student Speech

- Steve Varel

Volume 33, Issue 3 - Summer 2013


Before You Press Record: Unanswered Questions Surrounding the First Amendment Right to Film Public Police Activity

- Jesse Harlan Alderman

Reconsidering the Gathering/Publication Dichotomy: Recording as Speech? What Next?

- Steven Helle

New Private Privacy Intrusions in Illinois During Prelitigation Civil Claim Investigations

- Jeffrey Parness

Domestic Surveillance Via Drones: Looking Through the Lens of the Fourth Amendment

- Dr. Saby Ghoshray


Illinois’s Freedom of Information Act: More Access or More Hurdles?

- Alyssa Harmon

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

- Bailey Standish

Volume 32, Issue 1 - Fall 2011


Rules, Standards, and the Attorney-Client Privilege: When the Privilege is "At-Issue" in the Discovery Rule Context

- Kenneth Duvall

Is It Time to Shed a "Tier" for Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate HIPAA's Anti-Discrimination Provisions and Statutory Goals

- Joseph J. Hylak-Reinholtz & Jay R. Naftzger

The Age of Impunity: Using the Duty to Extradite or Prosecute and Universal Jurisdiction to End Impunity for Acts of Terrorism Once and for All

- Sarah Mazzochi


A Pleading Problem: Seventh Circuit Decision in Swanson v. Citibank Illustrates the Unstable State of Federal Pleading Standards in the Post- Iqbal Era

- Trisha Chokshi

Opening the Broom Closet: Recognizing the Religious Rights of Wiccans, Witches, and Other Neo-Pagans

- Bradford S. Stewart

Volume 32, Issue 2 - Spring 2012


Movsesian v. Victoria Versicherung and the Scope of the President's Foreign Affairs Power to Preempt Words

- Cindy Galway Buys & Grant Gorman

Barking up the Wrong Tree: Companion Animals, Emotional Damages and the Judiciary's Failure to Keep Pace

- Sabrina DeFabriths

Cost and Punishment: Reassessing Incarceration Costs and the Value of College-in-Prison Programs

- Gregory A. Knott


Extracting Lessons from Illinois' 2010 Special Election Fiasco: A Closer Look at the Seventh Circuit's Decision in Judge v. Quinn and the Special Election Requirement of the Seventeenth Amendment

- Furqan Mohammed


Drivers License Suspension for Offenses Not Involving a Motor Vehicle in Illinois: An Irrational Application of the Rational Basis Test

- Colby Hathaway

Watching the Watchmen: The People's Attempt to Hold On-Duty Law Enforcement Officers Accountable for Misconduct and the Illinois Law That Stands in Their Way

- Robert J. Tomei Jr.

Volume 32, Issue 3 - Summer 2012


Avoiding a Lawyers' Race to the Foreclosure Bottom: Some Advice to Lawyers for Lenders and Borrowers on their Roles in Foreclosure Litigation

- James Goeffrey Durham

Collateral Matters: Housing Code Compliance in the Mortgage Crisis

- Kermit J. Lind


Pawing Their Way to the Supreme Court: The Evidence Required to Prove a Narcotic Detection Dog's Reliability

- Monica Fazekas

Then I Saw the Contract, Now I'm Believer: Why Concept Groups are Works for Hire and Cannot Invoke Statutory Termination Rights after 2013

- Daniel Porter

Volume 31, Issue 1 - Fall 2010


Clarifying Murkey MERS: Does Mortgage Electronic Registration Systems, Inc., have Authority to Assign the Mortgage Note in a Standard Illinois Foreclosure Action?

- Kevin M. Hudspeth

The Law of Citations and Seriatum Opinions: Were the Ancient Romans and the Early Supreme Court on the Right Track?

- Joshua M. Austin

The Need for Rational Boundaries in Civil Conspiracy Claims

- Mark A. Behrens & Christopher E.Appel

Considerations for Professional Sports Teams Contemplating Going Public

- Jorge E. Leal Garrett & Bryan A. Green

Misreading Knight

- Josh Hess


Kicking "Single-Entity" to the Sidelines: Reevaluating the Competitive Reality of Major League Soccer after American Needle and the 2010 Collective Bargaining Agreement

- Matthew J. Jakobsze

Torture, Inc.: Corporate Liability under the Torture Victim Protection Act

- Emily M. Martin

Volume 31, Issue 2 - Spring 2011


Voluntary Dismissals and the Evolution of Illinois' Rule against Claim-Splitting

- Cohen, Robert A.

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

- Roger J. Johns & Mark S. Blodgett

A Rational Post- Booker Proposal for Reform of Federal Sentencing Enhancements for Prior Convictions

- Caleb E. Mason & Scott M. Lesowitz

The Law of Education: Educational Rights and the Roles of Virtues, Perfectionism, and Cultural Progress

- R. George Wright


A New Leader in the World of Legalized Gambling: What the Illinois General Assembly Should Do to Protect Pathological Gamblers from Rapidly Expanding Industry

- Matthew J. Dowd

Volume 31, Issue 3 - Summer 2011


On Making Persons: Legal Construction of Personhood and Their Nexus with Human Trafficking

- Karen E. Bravo

The Eyes That Blind Us: The Overlooked Phenomenon of Trafficking into the Agricultural Sector

- Shelley Cavalieri

Lessons from the Road: Ecuador, Jamaica, and Other Efforts to Combat Trafficking in Persons in the Americas

- Salvador A. Cicero-Dominguez

What is the Monetary Value of Slave Labor?: Restitution Based on a Traditional Fair Market Value Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims

- Benjamin Thomas Greer


Dead on Arrival: The Health Insurance Industry's Bleak Prognosis Due to Unconstitutional Ratemaking in the Patient Protection and Affordable Care Act

- Rebecca J. Kopps

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

- Theodore Richgels

Volume 30, Issue 1 - Fall 2009


Yours, Mine, and Ours: Law Firm Property Disputes

- Douglas R. Richmond

The Marriage Contract in Fine Art

- Benjamin A. Templin

The Effect of State Law on the Judge-Jury Relationship in Federal Court

- Richard C. Worf, Jr.

Inequalities in Illinois Constitutional Equality

- Jeffrey A. Parness & Laura J. Lee


Sexual Favoritism: A Cause of Action under a Sex-Plus Theory

- Susan J. Best

The Single-Purpose Container Exception: A Logical Extension of the Plain View Doctrine Made Unworkable by Inconsistent Application

- Daniel Kegl

Volume 30, Issue 2 - Spring 2010


The 1970 Illinois Constitution: A Well-Tailored Garment

- James W. Hilliard

The Benefits of Limiting Strict Liability for Used-Product Sellers

- Antonio J. Senagore

Application of the Remedial Purpose Canon to CERCLA Successor Liability Issues after United States v. Bestfoods: Why State Corporate Law Should Be Applied in Circuits Encompassing Substantial Continuity Exception States

- Lea J. Heffernan


Illinois Courts and the Law of Miranda Waivers: A Policy Worth Preserving

- Timothy P. O'Neill


It is Now Safe to Move about the Cabin: Revisiting Air Carrier Liability for Passenger Injuries Due to Turbulence Using a Res Ipsa Loquitur Theory of Negligence

- Andrew R. Loeffler

Out-of-State Wine Retailers Corked: How the Illinois General Assembly Limits Direct Wine Shipments from Out-of-State Retailers to Illinois Oenophiles and Why the Commerce Clause Will Not Protect Them

- Christopher G. Sparks

Volume 30, Issue 3 - Summer 2010


Can a Computer Read a Doctor's Mind? Whether Using Data Mining as Proof in Healthcare Fraud Cases is Consistent with the Law of Evidence

- Colin Caffrey

How the Lack of Prescriptive Technical Granularity in HIPAA Has Compromised Patient Privacy

- Tim Wafa


At Issue Waiver of the Attorney-Client Privilege in Illinois: An Exception in Need of a Standard

- Kevin Bennardo

A Discussion of the Seventh Circuit's Electronic Discovery Pilot Program and Its Impact on Early Case Assessment

- Tina B. Solis


Vehicle Search Incident to a Lawful Arrest: The New Two-Party Rule from Arizona v. Gant Misses the Mark

- Alexander J. Geocaris

Getting Ready to Settle: The Exclusion of Settled Defendants and Ready v. United/Goedecke Services, Inc.'s Impact upon Statutory Interpretation in Illinois

- Jason Meares

Volume 29, Issue 1 - Fall 2008


The Torturing Debate on Torture

- Mohammad Saif-Alden Wattad

War & [Emotional] Peace: Death in Iraq and the Need to Constitutionalize Speech-Based ILED Claims beyond Hustler Magazine v. Falwell

- Clay Calvert

Spoliation of Electronically Stored Information, Good Faith, and Rule 37(e)

- Andrew Hebl

While the Government Fiddled Around, the Big Easy Drowned: How the Posse Comitatus Act Became the Government's Alibi for the Hurricane Katrina Disaster

- Candidus Dougherty


An Argument for a Return to Plessy v. Ferguson: Why Illinois Should Reconsider the Doctrine of Separate but Equal Public Schools

- Rick Guzman

The Urgent Reawakening of the Assyrian Question in an Emerging Iraqi Federalism: The Self-Determination of the Assyrian People

- Paul A. Isaac

Volume 29, Issue 2 - Spring 2009


The Means Test: Finding a Safe Harbor, Passing the Means Test, or Rebutting the Presumption of Abuse May Not Be Enough

- Robert J. Landry III

The Proverbial Axe to the Judicial Oak: The Impact of Stoneridge on Plaintiff's Actions under Sec. 10(b)

- Laura D. Mruk


A Turn to Politics: Sanford Levinson's Our Democratic Constitution and Debates in Contemporary Constitutional Theory

- Kenneth D. Ward

Peace is Not the Absence of Conflict, but the Presence of Justice

- Reid C. Pixler

Torture and Habeas Corpus as Information-Forcing Devices

- Marc D. Falkoff

Torture, Interrogation, and American Modernist Literature

- Caleb Smith


Where There's a Will, There Should Be a Way: Why in re Salvino Unjustifiably Restricts the Application of Sec. 523(a)(6) to Exclude Willful and Malicious Breaches of Contract

- Michael D. Martinez

Volume 29, Issue 3 - Summer 2009


Mental Health and the Law: Where Necessity is the Mother of Invention (Patent Pending)

- William W. Wood

Confronting the Challenges of Persons Who Are Mentally Ill: A Judge's Perspective

- Kathryn E. Zenoff


A Change is Gonna Come: The Implications of the United Nations Convention on the Rights of Persons with Disabilities for the Domestic Practice of Constitutional Mental Disability Law

- Michael L. Perlin

The Psychotherapist-Patient Privilege in the Family Court: An Exemplar of Disharmony between Social Policy Goals, Professional Ethics, and the Current State of the Law

- Deborah Paruch


Protective Privilege versus Public Peril: How Illinois Has Failed to Balance Patient Confidentiality with the Mental Health Professional's Duty to Protect the Public

- Mary I. Wood

What the Hell[er] - The Fine Print Standard of Review under Heller

- Jason Racine

Volume 28, Issue 1 - Fall 2007


Some Challenges for Legal Pragmatism: A Closer Look at Pragmatic Legal Reasoning

- Andrew J. Morris

Contract Law and Its Potential Impact on Parole and Probation Searches

- Michael Chmelar

Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. v. NLRB out of Illinois Civil Courts

- Patrick D. Kenneally


Marshall v. Burger King Corp.: Making a Mess of Duty for Businesses in Illinois

- Jeffrey H. Powell

XM Lawsuit: Threats to the Incentive Model of Copyright Genesis and the Obsolescence of the AHRA in a Digital Age of Hybrid Technology

- Jay W. Ferguson

Volume 28, Issue 2 - Spring 2008


Nation Building in Africa and the Role of the Judiciary

- Modibo Ocran

Title II of the American with Disabilities Act of 1990 and Its Prohibitions of Employment Discrimination

- Jamie L. Ireland & Richard Bales

Effective Implementation of the Trafficking of Persons and Involuntary Servitude Articles: Lessons from the Criminal Justice System Response to the Illinois Domestic Violence Act

- Jennifer Kuhn & Alison L. Stankus

Atrophied Rights: Maximum Hours Labor Standards under the FLSA and Illinois Law

- Scott D. Miller 


Wi-Fi Signals of Conversion: The Case for Comprehensive Conversion in Illinois

- Laura D. Mruk

Speech Shouldn't Be Free at Funerals: An Analysis of the Respect for America's Fallen Heroes Act

- Zachary P. Augustine

Volume 28, Issue 3 - Summer 2008


Judicial Nullification? Judicial Compliance and Non-Compliance with Jury Improvement Efforts

- Paula L. Hannaford-Agor

Jury Nullification: An Empirical Perspective

- Irwin A. Horowitz

In the Vanguard of the American Jury: A Case Study of Jury Innovations in the Northern District of Iowa

- Kirk W. Schuler

People v. Coughlin and Criticisms of the Criminal Jury in Late Nineteenth-Century Chicago

- Elizabeth Dale

The Federalization of Punitive Damages and the Effect on Illinois Law

- Frank A. Perrecone & Lisa R. Fabiano


SLAPPed in Illinois: The Scope and Applicability of the Illinois Citizen Participation Act

- Mark J. Sobczak

Leegin Creative Leather Products, Inc. v. PSKS, Inc.: The Final Blow to the Use of per se Rules in Judging Vertical Restraints - Why the Court Got It Wrong

- Christopher S. Kelly

Volume 27, Issue 1 - Fall 2006


The Tax Treatment of Verdicts and Settlements following the Adoption of the Jobs Creation Act of 2004: Paradise Found for the Employment Lawyer?

- John F. Fatino

Apparent Authority and Healthcare in Illinois - Revisited

- Marc D. Ginsberg & Patricia C. Nowak

The Lasting Viability of Rasul in the Wake of the Detainee Treatment Act of 2005

- Joseph R. Pope

The Illinois Supreme Court Gives Policyholders a Break from the Two-Front War

- Joseph S. Vishneski III


Self-Exclusion and the Compulsive Gambler: The House Shouldn't Always Win

- Justin E. Bauer

Protecting the Most Vulnerable Victims: Prosecution of Child Sex Offenses in Illinois Post- Crawford v. Washington

- Jennifer A. Lindt

Volume 27, Issue 2 - Spring 2007


Return of the Native? An Assessment of the Citizenship Renunciation Clause in Hamdi's Settlement Agreement in the Light of Citizenship Jurisprudence

- Saad Gul

Rescue the Americans with Disabilities Act from Restrictive Interpretations: Alcoholism as an Illustration

- Judith J. Johnson


Stepping In(come): Evaluating the Inherent Inconsistency of Illinois's Trend toward Consideration of New Spouse Income in Child Support Modification

- Clayton P. Kawski

Isolating Past Unfitness: The Obstacle of In Re Gwynne P. for Incarcerated Parents in Illinois

- Anne S. McIntyre

Volume 27, Issue 3 - Summer 2007


O Brave New World? Electronic Voting Machines and Internet Voting: An Annotated Bibliography

- Susan M. Boland & Therese Clarke Arado


"Dollars, CPI, and Voter Empowerment": Public Act 94-976 and Its Impact on Local Government Tax Referenda

- Shawn P. Flaherty

The Almost Rise and Not Quite Fall of the Political Gerrymander

- Michael J. Kasper

Taking Voting Rights Seriously: Race and Integrity of Democracy in America

- Steven Ramirez & Aliza Organick


In the Global Market for Justice: Who Is Paying the Highest Price for Judicial Independence?

- Kelly J. Varsho

Harper v. Poway Unified School District: The Wrong Path to the Right Outcome?

- Mark A. Perlaky

Volume 26, Issue 1 - Fall 2005


Edict v. Dicta: Rolling Back Rights in the Second Circuit under the Clearly Established Clause of the AEDPA Amended Habeas Statute

- Aron E. Goldschneider

How We Got Where We Are: A Look at Informed Consent in Colorado - Past, Present, and Future

- R. Jason Richards

Article I Courts, Substantive Rights, and Remedies for Government Misconduct

- David A. Case


Brave New School: A Constitutional Argument against State-Mandated Mental Health Assessments in Public Schools

- Jennifer H. Gelman

The Federal Common Law of Foreign Relations

- Joel M. L. Huotari

Volume 26, Issue 2 - Spring 2006


The Same Side of Two Coins: The Peculiar Phenomenon of Bet-Hedging in Campaign Finance

- Jason Cohen

Opening the Flood Gates: Rasul v. Bush and the Federal Court's New World-Wide Habeas Corpus Jurisdiction

- Joseph Pope


Don't Take Your Organs to Heaven... Heaven Knows We Need Them Here: Another Look at the Required Response System

- Abena Richards

Addressing the Medical Malpractice Insurance Crisis: Alternatives to Damage Caps

- Carrie Lynn Vine

Volume 26, Issue 3 - Summer 2006


Doctors, Duties, Death and Data: A Critical Review of the Empirical Literature on Medical Malpractice and Tort Reform

- Geoffrey Christopher Rapp

Things to Do (or Not) to Address the Medical Malpractice Insurance Problem

- Edward J. Kionka

The Fleecing of Seriously Injured Medical Malpractice Victims in Illinois

- Frank A. Perrecone & Lisa R. Fabiano

Why Medical Malpractice Caps are Wrong

- Patrick A. Salvi

Medical Negligence Litigation is Not the Problem

- Kenneth C. Chessick & Matthew D. Robinson


People v. Caballes: An Analysis of Caballes, the History of Sniff Search Jurisprudence, and Its Future Impact

- Brett Geiger

Criminal Discovery and the Costs of Reproduction: A Burden Taxpayers Should Not Have to Bear

- Gary C. Pinter

Volume 25, Issue 1 - Fall 2004


Institutions of Learning or Havens for Illegal Activities: How the Supreme Court Views Libraries

- Raizel Liebler

The Pending Reinvigoration of Boyd: Personal Papers are Protected by the Privilege against Self-Incrimination

- Aaron M. Clemens

Nothing Concentrates the Mind Like the Prospect of a Hanging: The Criminalization of the Sarbanes-Oxley Act

- Ann Marie Tracey & Paul Fiorelli


Yes, Then No, Mean No: Current Issues, Trends, and Problems in Post-Penetration Rape

- Tiffany Bohn

Volume 25, Issue 2 - Spring 2005


Congressional Enforcement of Affirmative Democracy through Section 2 of the Voting Rights Act

- Michael J. Pitts

The Inevitable Reevaluation of Best v. Taylor in Light of Illinois' Health Care Crisis

- Carolyn Victoria J. Lees

Constructing Reality: Social Science and Race Cases

- Beverly I. Moran


Have Kids, Might Travel: The Need for a New Roadmap in Illinois Relocation Cases

- Lance Cagle

Due Process and the NCAA: Are Innocent Student-Athletes Afforded Adequate Protection from Improper Sanctions - A Call for Change in the NCAA Enforcement Procedures

- Mathew M. Keegan

Volume 25, Issue 3 - Summer 2005


The American Law Institute Principles of Family Dissolution, the Approximation Rule and Shared-Parenting

- Marygold S. Melli

Relocation Custody Disputes - A Binuclear Family-Centered Three-Stage Solution

- Robert E. Oliphant

Domestic Violence and the Danger of Joint Custody Presumptions

- Judith G. Greenberg

Applying Intent-Based Parentage Principles to Nonlegal Lesbian Coparents

- Melanie B. Jacobs

Determining the Undeterminable: The Best Interest of the Child Standard as an Imperfect but Necessary Guidepost to Determine Child Custody

- Steven N. Peskind


Protecting the Parent-Child Relationship: The Need for Illinois Courts to Extend Standing to Non-Biological Parents in Regard to Visitation Proceedings

- Desiree Sierens

Child Support Obligations That Result from Male Sexual Victimization: An Examination of the Requirement of Support

- Dana Johnson

Volume 24, Issue 1 - Fall 2003


Gambling with Terrorism and U.S. Military Readiness: Time to Ban Video Gambling Devices on U.S. Military Bases and Facilities

- John Warren Kindt

Contributory or Comparative: Which Is the Optimal Negligence Rule?

- Christopher J. Robinette & Paul G. Sherland

Killing the Fatted Calf: Managed Care Liability in a Post- Pegram World

- Karene M. Boos & Eric J. Boos


In Defense of Federalism: The Need for a Federal Institutional Defender of State Interests

- Kory A. Atkinson

The 2002 Supreme Court Decisions: Did They Leave Enough of Apprendi to Effectively Protect Criminal Defendants?

- Charlotte LeClercq

Volume 24, Issue 2 - Spring 2004


A Decade of Spouse-Based Immigration Laws: Coverture's Diminishment, but Not Its Demise

- Janet Calvo

The Illinois Estoppel Doctrine Revisited: How Promptly Must and Insurer Act

- Stanley C. Nardoni & John S. Vishneski III


The Role of the IRA in Retirement Savings: A Critical Examination with Suggestions for Improvement

- Rebecca C. Davenport


Judicial Campaign Speech Restrictions in Light of Republican Party of Minnesota v. White

- Julie Schuering Schuetz



Best Petitioner's Brief

- Patrice Koch and Kimberly Meyers

Best Respondent's Brief

- Laura Anderson and Andrea Donaldson

Volume 24, Issue 3 - Summer 2004



A Tribute to Dean James J. Alfini: Former Dean and Professor of the Northern Illinois University College of Law

- Northern Illinois University Law Review Vol. 24, Jean R. Sternlight, Jeffrey M. Shaman, Nina Appel, Daniel Reynolds & Leona Green


Equality in Culture and Law: An Introduction to the Origins and Evolution of the Equal Protection Principle

- Lawrence Schlam


Equality of Opportunity in the Regulatory Age: Why Yesterday's Rationality Review Isn't Enough

- Timothy Sandefur

The Permissibility of Non-Remedial Justifications for Racial Preferences in Public Contracting

- Michael K. Fridkin

If Geronimo Was Jewish: Equal Protedtion and the Cultural Property Rights of Native Americans

- Sherry Hutt

What Could American Indian Law Possibly Have to Do with the Issue of Gay-Marriage Recognition?: Definitional Jurisprudence, Equal Protection and Full Faith and Credit

- Robert Laurence

The Wedding Bells Heard around the World: Years from Now, Will We Wonder Why We Worried about Same-Sex Marriage?

- Mark E. Wojcik

Declare Victory and Go Home: The Practical Ramifications of the Seventh Circuit's Interpretation of Missouri v. Jenkins in School Desegregation Cases

- P. Michael Mahoney & Scott R. Paccagnini

Affirmative Action after Grutter and Gratz

- Mark W. Cordes

Caught in a Paradox: Problems with Grutter's Expectation that Race-Conscious Admissions Programs Will End in Twenty-Five Years

- Christopher J. Schmidt


Arctic National Wildlife Refuge Oil: Canadian and Gwich'in Indian Legal Responses to 1002 Area Development

- Michael T. Delcomyn

The 1851 Shipowners' Limitation of Liability Act: Should the Courts Deliver the Final Blow?

- Mark A. White

Volume 23, Issue 1 - Fall 2002


Standing to Raise a Conflict of Interest

- Ivy Johnson

The Case for Requiring a Proportionality Test to Assess Compliance with Title IX in High School Athletics

- Patrick N. Findlay


"Our System Is Broken": A Study of the Crisis Facing the Death-Eligible Defendant

- Kelly Reissmann

"Shaming" Probation Penalties and the Sexual Offender: A Dangerous Combination

- Kenya A. Jenkins

Volume 23, Issue 2 - Spring 2003


Proof beyond a Reasonable Doubt: Shifting Sands of a Bedrock

- Azhar J. Mihnas

Public Employers and E-mail: A Primer for the Practitioner and the Public Professional

- John F. Fatino

The Tangled Web - Complexities, Fallacies and Misconcpetions Regarding the Decision to Release Treated Sexual Offenders from Civil Commitment to Society

- LeRoy L. Kondo

Compounding the Error: Deliberate Indifference vs. Discriminatory Animus under Title II of the ADA

- Nina Golden


No Other Choice: Litigating and Settling Homeless Education Rights Cases

- Ryan J. Dowd

Adult Survivors of Childhood Sexual Abuse Seeking Compensation from Their Abusers: Are Illinois Courts Fairly Applying the Discovery Rule to All Victims?

- Chrissie F. Garza


Moot Court Program


Best Petitioner's Brief

- Meghan Ring & C. Scott Brinkman

Best Respondent's Brief

- Charlotte LeClercq & Kory A. Atkinson

Volume 23, Issue 3 - Summer 2003



Defending the Indefensible to Further a Later Case: Sanctioning Respondents in Illinois Domestic Violence Cases

- David H. Taylor




Panel Discussion: Morning Session


Keynote Address

- Mary Becker

Panel Discussion: Afternoon Session



Why Won't Someone Help Me?: The Unspeakable Epidemic of Domestic Violence: An Annotated Bibliography

- Therese A. Clarke


Out with the Old and in with the New: An Analysis of Illinois Maintenance Law under the Uniform Marriage and Divorce Act and a Proposal for Its Replacement

- Megan A. Drefchinski


North Jersey Media Group, Inc. v. Ashcroft, 308 F.3d 198 (3d Cir. 2002): A Case Note

- Dawn M. Weekly

Volume 22, Issue 1 - Fall 2001


Practicing Law in the Global Economy

- Nancy L. Kaszak


When Lawyers Were Serial Killers: Nineteenth Century Visions of Good Moral Character

- Roger Roots

Is There No Simple Battery under Illinois Law?

- Azhar J. Minhas

Should the Government Be Allowed to Engage in Racial, Sexual or Other Acts of Discrimination?

- Walter Block & Roy Whitehead


Code Blue - Ambulance Manufacturing Specifications May Pre-empt State Common Law Claims

- Michael J. Denning

God, Man, and Law: Of Rights and Responsibilities

- E. Thomas Ryder

Volume 22, Issue 2 - Spring 2002


Mediation's Coming of (Legal) Age

- James J. Alfini


The Process of Drafting the Uniform Mediation Act

- Michael B. Getty


The Uniform Mediation Act


The Uniform Mediation Act: An Essential Framework for Self-Determination

- Philip J. Harter

An Analysis of Principled Advocacy in the Development of the Uniform Mediation Act

- Gregory Firestone


Mediating Lanham Act Cases: The Role of Empirical Evaluation

- Jennifer Shack & Susan M. Yates


The Warsaw Convention: A Cat with Nine Lives Walks the Plank One More Time

- Tamara A. Marshall

Problems with the Adoption of Proportionate Share Liability in Illinois Remediation Actions

- Thomas Crowley

Volume 22, Issue 3 - Summer 2002


No Harm, No Foul: The OSHRC's Authority to Label an OSH Act Violation de minimis and to Require No Abatement

- Samuel D. Elswick & Richard A. Bales

Agricultural Zoning: Impacts and Future Directions

- Mark W. Cordes

Price Theory and Anti-Takeover Laws: Shareholder Protection in Illinois

- Vince Goddard

Apparent Authority and Healthcare in Illinois

- Marc D. Ginsberg

Workers' Compensation Reviews and Appeals: A Review and Suggestion for Change

- Brad A. Elward


What Constitutes an Invalid Blanket Consent within the Purview of Illinois' Mental Health and Developmental Disabilities Confidentiality Act

- Jana L. Fischer

The Fourth Amendment and the New Face of Terrorism: How September 11th Could Change the Way America Flies

- Brett Andrew Skean

Volume 21, Issue 1 - Spring 2001


Psychodrama and the Training of Trial Lawyers: Finding the Story

- Dana K. Cole

Averting Mistaken Executions by Adopting the Model Penal Code's Exclusion of Death in the Presence of Lingering Doubt

- Margery Malkin Koosed


Walking the Edge of Death: An Annotated Bibliography on Juveniles, the Mentally Ill, the Mentally Retarded and the Death Penalty

- Susan M. Boland


Frozen Embryos and Divorce: Technological Marvel Meets the Human Condition

- Thomas D. Arado

Injustice in Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected

- Heather K. Lloyd

Volume 21, Issues 2 & 3 - 2001


State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications

- Christina M. Shriver

Truth or Consequences: Why the Rejection of the Pretext Plus Approach to Employment Discrimination Cases in Reeves v. Sanderson Plumbing Establishes the Better Legal Rule

- Marcia L. McCormick

The Jailed Juror and Other Tales of Juror Misconduct: Is Reform Required in Illinois?

- Laura A. Caldwell & Kimberly A. Wilkins

The Treaty of St. Louis and Black Hawk's Bitterness

- John K. Flanagan

Untangling the World Wide Web: Restricting Children's Access to Adult Materials While Preserving the Freedoms of Adults

- Tim Specht

A Forum for Women's Voices: Mediation through a Feminist Jurisprudential Lens

- Kate McCabe

Juvenile Delinquency in the Twenty-First Century: Is Blended Sentencing the Middle-Road Solution for Violent Kids?

- Christian Sullivan

Adolescent Sports Violence - When Prosecutors Play Referee. Making Criminals out of Child Athletes, but Are They the Real Culprits?

- Jason R. Schuette

Volume 19, Issue 1 - Fall 1998



- Lorraine Schmall


Fathers and Parental Leave Revisited

- Martin H. Malin

Women, Work and Family: Recent Economic Trends

- Manuelita Ureta

Toward a Reconstructive Feminism: Reconstructing the Relationship of Market Work and Family Work

- Joan Williams


Neonaticide: Less than Murder?

- James J. Dvorak

Free Exercise in Illinois: Does the State Constitution Envision Constitutionally Compelled Religious Exemptions?

- Glen V. Salyer

Volume 19, Issue 2 - Winter 1999


In Memoriam: Rodolphe Jean Alexander de Seife

- Leroy Pernell & Daniel Reyonlds


Settlement Ethics and Lawyering in ADR Proceedings: A Proposal to Revise Rule 4.1

- James J. Alfini

Looking ahead to Ethics 2015: Or Why I Still Do Not Get the ABA Model Conflict of Interest Rules

- Richard E. Flamm

Let's Make Lawyers Happy: Advocating Mandatory Pro Bono

- Donald Patrick Harris

Ethics 2000: What Might Have Been

- Steven C. Krane

An Essay on Teaching Professional Responsibility

- L. Ray Patterson


Lawyers, First Principles, and Contemporary Challenges: Explorations

- George Anastaplo


Repeal of Baseball's Longstanding Antitrust Exemption: Did Congress Strike out Again?

- Charles Allen Criswell, Jr.

The Swift Rail Act: Will Sleepless Citizens Be Able to Quiet Train Whistles, and at What Cost?

- Mark A. Gruenes

Credit or Debit? Unauthorized Use and Consumer Liability under Federal Consumer Protection Legislation

- Daniel M. Mroz

Volume 19, Issue 3 - Summer 1999


Property Rights and Land Use Controls: Balancing Private and Public Interests

- Mark W. Cordes

Preserving Farmland, Creating Farms, and Feeding Communities: Opportunities to Link Farmland Protection and Community Food Security

- Neil D. Hamilton


The Law School Compensation Systems at Three Top Quartile State Law Schools: Factors Correlating with Law Professors' Salaries and Suggestions

- Bruce D. Fisher & Paul Bowen

The Wisconsin Bear Arms Amendment and the Case against an Absolute Prohibition on Carrying Concealed Weapons

- Christopher R. McFadden


The Right to Representation by Counsel in University Disciplinary Proceedings: A Denial of Due Process of Law

- Robert B. Groholski

Executive Privilege or Punishment? The Need to Define Legitimate Invocations and Conflict Resolution Techniques

- Mark P. Doherty

Volume 18, Issue 1 - Fall 1997


The Quicksands of the Poor Law: Poor Relief Legislation in a Growing Nation, 1790-1820

- William P. Quigley

Defamation in an Age of Political Correctness: Should a False Public Statement That a Person Is Gay Be Defamatory?

- Patrice S. Arend

The Trust Doctrine in Federal Indian Law: A Look at Its Development and at How Its Analysis under Social Contract Theory Might Expand Its Scope

- Janice Aitken

Toward Fairness in Compensation of Management and Labor: Compensation Ratios, a Proposal for Disclosure

- James A. Cotton


Smith v. Fair Employment and Housing Commission: Religious Freedom and Anti-Discrimination Laws Square off in the Landlord/Tenant Setting

- David S. Goles

BMW of North America v. Gore: A Misplaced Guide for Punitive Damage Awards

- Michelle J. Carey

Volume 18, Issue 2 - Spring 1998


The Evolving Fiduciary Duty Solution for Shareholders Caught in a Closely Held Corporation Trap

- James M. Van Vliet, Jr.& Mark D. Snider

Irreconcilable Principles: Law, Politics, and the Illinois Supreme Court

- Jackson Williams

Publish or Perish: Judging an Article by Its Cover Revisited

- Leonard B. Mandell


Nozick: A Utilitarian Reformulation

- Mark S. Stein


No Longer Free to Offend: Involuntary Civil Commitment Statutes for Sexual Predators Create the Basis for a Uniform Act

- Lisa A. Wilson

Refusing to Follow Doctor's Orders: Texas Takes the First Step in Holding HMOs Liable for Bad Medical Decisions

- Amy Stoeckl

A Return to States' Rights? The Rehnquist Court Revives Federalism

- Melanie K. St. Clair

Volume 18, Issue 3 - Summer 1998


Baby Richard and beyond: The Future for Adopted Children

- Anthony S. Zito

Hedge-to-Arrive Contracts: Jurisdictional Issues under the Commodity Exchange Act

- Jennifer Durham King & James J. Moylan


Environmental Audits, Privileges from Disclosure, and Small Business Penalty Policies

- James E. Meason

Luncheon Address

- Claire A. Manning

Negotiating Resolution of Environmental Enforcement Actions

- Jon S. Faletto


Bennett v. Spear: Lions, Tigers and Bears Beware; the Decline of Environmental Protection

- Preeti S. Chaudhari

Throwing Like a Girl: Constitutional Implications of Title IX Regarding Gender Discrimination in High School Athletic Programs

- Tracy J. Johnson

Heads Up: The Baseball Facility Liability Act

- Ted J. Tierney

Volume 17, Issue 1 - Fall 1996


Restoring Free Exercise Protections by Limiting Them: Preventing a Repeat of Smith

- James M. Donovan

Should an Illinois Tenant get the Benefit of the Landlord's Insurance?

- John Dwight Ingram

Business Standing under the Illinois Consumer Fraud Act: An Attempt to Resolve the Confusion

- Edward X. Clinton, Jr.


A Lopez Legacy: The Federalism Debate Renewed, but Not Resolved

- Debbie Ellis

Life without Lemon: The Status of Establishment Clause Jurisprudence after Roseberger v. University of Virginia

- Julie Madison Angus

Miller v. Johnson: Drawing the Line on Racial Gerrymandering

- Darin R. Doak

Volume 17, Issue 2 - Spring 1997


The Internet in the College Community

- Robert M. O'Neil

The First Amendment in Cyberspace: Use of the Internet on the College Community - Panel Discussion April 3, 1997


Wide Awake or Half-Asleep: Revelations from Jurisprudential Tailings Found in Rosenberger v. University of Virginia

- Robert L. Waring


Spinning a Tighter Web: The Frist Amendment and Internet Regulation

- Angela E. Wu

Blind Leading the "Colorblind:" The Evisceration of Affirmative Action and a Dream Still Deferred

- Amy L. Knickmeier


Innocents Beware: Has Bennis v. Michigan Made Asset Forfeiture Too Easy?

- Ronald F. Labedz

Volume 17, Issue 3 - Summer 1997


Annexation Agreements - Boundary Agreements: Walking a Fine Line into the Future - A Map of the Dangers to the Unwary Land Use Traveler

- Ronald S. Cope

Practical Computer Applications for Land use Planning and Analysis

- Roger K. Dahlstrom

Luncheon Address

- Lawrence B. Christmas

Farmland Protection for Illinois: the Planning and Legal Issues

- Lawrence W. Libby

TIF in Illinois: The Good, the Bad, and the Ugly

- Michael T. Peddle

Panel Discussion



Responding to Students' Pleas for Relief: The Need for a Consistant Approach to Peer Sexual Harassment Claims

- Megan Healy

Subrogation of Personal Injury Claims: Toward Ending an Inequitable Practice

- Keith E. Edeus, Jr.

Volume 16, Issue 1 - Fall 1995


Francis X. Riley Lecture on Professionalism

- George E. Bushnell, Jr.

Their Finest Hour: Lawyers, Legal Aid and Public Service in Illinois

- Joseph A. Dailing

The Disparate Treatment of Student and Family Farmer Debtors: Suggestions for Statutory Reform of Bankruptcy Policy

- Nancy H. Kratzke & Thomas O. Depperschmidt

Retroactive Taxation: United States v. Carlton - The Taxpayer Loses Again

- Ronald Z. Domsky

Vicarious Liability of an Employer-Master: Must There Be a Right of Control?

- John Dwight Ingram

Awareness of Meaning in Libel Law: An Interdisciplinary Communication & Law Critique

- Clay Calvert

The Public Figure Doctrine: A Reexamination of Gertz v. Robert Welch, Inc. in Light of Lower Federal Court Public Figure Formulations

- Mark D. Walton


Schiro v. Farley: If at First You Don't Succeed, Trial and Trial again; the Demise of the Double Jeopardy Clause within the Context of Capital Punishment

- Patrick L. Edgerton

J.E.B. v. Alabama ex rel. T.B.: Gender-Based Peremptory Challenges on Trial

- Stacey L. Wichterman

Designing a "System for Idiots": An Analysis of the Impracticality of Davis v. United States on Ambiguous Waivers of the Right to the Presence of Counsel

- William G. Worobec

Volume 16, Issue 2 - Spring 1996


Podberesky, Hopwood, and Adarand: Implications for the Future of Race-Based Programs

- Lino A. Graglia

The Unconventional Equal Protection Jurisprudence of Jury Selection

- Joel H. Swift

Religious Toleration and Its Limits in Early America

- George Dargo

The Conclusion That a Sinister Conspiracy of Foreign Origin Controls Organized Crime: The Influence of Navitism in the Kefauver Committee Investigation

- David R. Wade

The Reality of Curtiss-Wright

- Anthony Simones

The Case for Expanded Illinois Insurance Producer Duties

- Michael Schag

DNA Fingerprinting: The Failings of Frye

- John McCabe


The "Impartial" Jury and Media Overload: Rethinking Attorney Speech Regulations in the 1990s

- Katrina M. Kelly

The Future of the Exclusionary Rule: An Alternative Analysis for the Adjudication of Individual Rights

- Benjamin A. Swift


Born to Lose: The Illinois Baby Richard Case - How Examining His Father's Pre-Birth Conduct Might Have Led to a Different Ending for Richard

- Gerald W. Huston

Volume 16, Issue 3 - Summer 1996


Lessons in L.U.S.T.: The Complete Story of Liability for Leaking Underground Storage Tanks

- Michael J. Maher & Sheila Horan

The Illinois Superfund Law prior to the Brownfields Legislation

- James T. Harrington

Brownfields Bill Promotes Sweeping Changes

- David L. Rieser

Luncheon Address

- Joseph E. Svoboda

Siting, Justice, and the Environmental Laws

- Rodger C. Field

Rethinking Restoration: Risk Based Corrective Action and the Future of Economic Regulation

- Gerald W. Phillips

Panel Discussion



Title VI as a Means of Achieving Environmental Justice

- Natalie M. Hammer

From the Ground to the Sky: The Continuing Conflict between Private Property Rights and Free Speech Rights on the Shopping Center Front Seventeen Years after Pruneyard

- Ian J. McPheron

Volume 15, Issue 1 - Fall 1994



- Loren L. Heinemann

A Judicial Blow for Jane Crowism at the Citadel in Faulkner v. Jones

- Sara L. Mandelbaum

Single-Gender Education: Is It Beneficial to Society?

- Claudius E. Watts III

Griswold v. Connecticut and the Unenumerated Right of Privacy

- David Helscher

The Illinois Parentage Act: Constitutional?

- Stephen A. Stobbs

Indian Child Welfare Act of 1978: The Congressional Foray into the Adoption Process

- Brian D. Gallagher


Castration as an Alternative to Incarceration: An Impotent Approach to the Punishment of Sex Offenders

- Kari A. Vanderzyl

What's Good for the Goose Is Good for the Gander: Toward Recognition of Men's Reproductive Rights

- Mary A. Totz

Volume 15, Issue 2 - Spring 1995


The Obviously Impossible Attempt: A Proposed Revision to the Model Penal Code

- Kyle S. Brodie

Expanding the Fiduciary Duties of Close Corporation Shareholders: The Dilemma Facing Illinois Corporate Law

- Thomas J. Bamonte

Legalized Gambling Activities: The Issues Involving Market Saturation

- John Warren Kindt

Current Developments in Federal Employment Discrimination Law

- Julie M. Spanbauer

The Bar Admission Process, Gatekeeper or Big Brother: An Empirical Study

- Donald H. Stone

Publish or Perish: Judging an Article by Its Cover

- Leonard B. Mandell


Oregon's Procedural Due Process and the Necessity of Judicial Review of Punitive Damage Awards: Honda Motor Co. v. Oberg: Stop the Insanity

- Jeff Duncan Brecht

Liteky v. United States: The Entrenchment of an Extrajudicial Source Factor in the Recusal of Federal Judges under 28 U.S.C. 455(a)

- Shawn P. Flaherty

Department of Revenue v. Kurth Ranch: Double Jeopardy - A: Multiple Punishment Component - Q: What Is Confusion - Continuing Where Halper and Austin Left Off

- Denis M. Gravel

Volume 15, Issue 3 - Summer 1995


Introduction: The Harms and Benefits of Nollan and Dolan

- Richard A. Epstein

Dolan v. City of Tigard: Brief of the Institute for Justice as Amicus Curiae in Support of Petitioner

- Richard A. Epstein & William H. Mellor III

Legal Limits on Development Exactions: Responding to Nollan and Dolan

- Mark W. Cordes

Development Impact Fees: A Review of Contemporary Techniques for Calculation, Data Collection, and Documentation

- Roger K. Dahlstrom

Planned Unit Development and Takings Post Dolan

- Clyde W. Forrest

Conditional Zoning in Illinois: Beast or Beauty?

- Charles L. Siemon

Strange Economics of Land Use Law: From Euclid to Euclid

- Ronald S. Cope

Desire for Community Growth in Northeastern Illinois as Reflected in Annexation Agreements

- Kimberly L. Sullivan

Panel Discussion



Procrustean Jurisprudence; An Austrian School Economic Critique of the Separation and Regulation of Liberties in the Twentieth Century United States

- Joseph Becker

Illinois' Confrontation with the Use of Closed Circuit Testimony in Child Sexual Abuse Cases: A Legislative Approach to the Supreme Court Decision of People v. Fitzpatrick

- Michael G. Clarke

Parity and the Litigation of Private Property Rights in the United States and Germany: Evidence in Support of Chemerinsky's Litigant Choice Principle

- Timothy L. Gartin

Volume 14, Issue 1 - Fall 1993


Legislative Term Limitation under a Limited Popular Initiative Provision

- Lawrence Schlam

Providing Creative Remedies to Bystander Emotional Distress Victims: A Feminist Perspective

- Deborah K. Hepler

The Untimely Demise of the Involuntary Confession Material Witness Rule in Illinois

- Stephanie Rae Williams

Characterization and Assignment of Corporate and Shareholder Income

- Daniel M. Schneider


The Cents of It: Dischargeability and Environmental Claims under the Bankruptcy Code

- Denise M. Schuh

An Equitable Approach to Products Liability Statutes of Repose

- Mark W. Peacock

United States v. Nixon, Twenty Years after: The Good, the Bad and the Ugly - An Exploration of Executive Privilege

- K. A. McNeely-Johnson

Volume 14, Issue 2 - Spring 1994



- Rodolphe J. A. de Seife

An Introduction and Commentary: Revisiting the Role of Liberal Trade Policy in Promoting Idealistic Objectives of the International Legal Order

- Robert L. McGeorge

Antecedents of the ITO Charter and Their Relevance for the Uruguay Round

- Raymond F. Mikesell

Reflections on the International Trade Organization

- William Diebold

Developing Countries in the International Trade Order

- Bartram S. Brown

Unification and Harmonization of Law Relating to Global and Regional Trading

- George A. Zaphiriou

Trade in the 1990s: Is an International Organization for Multinational Enterprises Needed?

- Anthony Scaperlanda

The Arts as a Cultural and Economic Factor in World Trade

- Stanley S. Madeja

Some Economic Aspects of Crime in the United States

- Joseph A. Martellaro

Panel Discussion: ITO: Economic Trends of an International Court of Justice Contrasting the Proposed ITO Arbitration Mechanisms with the Bilateral GATT Negociations and Related Issues


Panel Discussion: NAFTA-EFTA: Any Role for NATO?


Afterword: Vision and Progress in International Trade

- Victor G. Rosenblum


Commercial Speech Suffers a First Amendment Blow in United States v. Edge Broadcasting Co.

- Tara L. Lavery

Minnesota v. Dickerson: Plain Feel and the Expansion of Terry to Allow Warrantless Seizures of Nonweapon Contraband

- Mark D. Walton

Volume 14, Issue 3 - Summer 1994



- Guadalupe T. Luna

Agriculture without Farmers?: Is Industrialization Restructing American Food Production and Threatening the Future of Sustainable Agriculture?

- Neil D. Hamilton

Rethinking the Equities of Federal Farm Programs

- Christopher R. Kelley

Who Owns the Family Farm? The Struggle to Determine the Property Rights of Farm Wives

- Susan A. Schneider

Conservation Reserve Program: What Happens to the Land after the Contracts End?

- Raymond J. Watson, Jr.

Agriculture, Rural Workers and Free Trade

- Guadalupe T. Luna

Luncheon Address

- Gerald Torres

Town Hall Meeting



Violent Crimes at ATMs: Analysis of the Liability of Banks and the Regulation of Protective Measures

- Gregory W. Hoskins


Wisconsin v. Mitchell: The End of Hate Crimes or Just the End of the First Amendment?

- Lisa M. Stozek

Volume 13, Issue 1 - Fall 1992


The Supreme Court's Use of Per Curiam Dispositions: The Connection to Oral Argument

- Stephen L.Wasby, Steven Peterson, James Schubert & Glendon Schubert

Less Than Perfected: Uncertainty in Illinois Judgment Lien Law

- Francis Edward Stepnowski


Compromising Positions: An Essay and Review of ABORTION: THE CLASH OF ABSOLUTES. Laurence H. Tribe

- Charles A. Rees


The Legal Profession in Transition

- Claire L'Heureux-Dube


At the Boundaries of Law and Equity: The Court of Appeals for the Federal Circuit and the Doctrine of Equivalents

- Paul C. Craane

Federal Statutory Restrictions on the Enforceability of Forum Selection Clauses

- Timothy Scot Rigsbee


Florida v. Bostick: Abandonment of Reason in Fourth Amendment Reasonable Person Analysis

- James F. Heuerman

Volume 13, Issue 2 - Spring 1993



- Lorraine Schmall

Potential Conflicts between Obligations Imposed on Employers and Unions by the National Labor Relations Act and the Americans with Disabilities Act

- Jerry M. Hunter

The Courts and Legislature Begin to Adopt ADR Methods to Deal with Growing Number of Employment Discrimination Claims

- Cheryl Blackwell Bryson & Anurag Gulati

Filling the Court-Created Gap in the Protection of Concerted Activities

- Harold A. Katz

Addicted Pregnancy as a Sex Crime

- Lorraine Schmall


En Banc Ruling Bursts More Than Bubbles in Patent Litigation: A. C. Aukerman Co. v. R.L. Chaides Construction Co. and Its Impact

- Russell D. Slifer

The Endangered Species Act under Attack: Could Conservation Easements Help Save the ESA?

- Kimberley K. Winter

Chapter 11 for Individual Consumer Debtors: Fresh Start or False Start?

- Cheri L. Cohen

Entrapment and Jacobson v. United States: Doesn't the Government Realize That They Can Destroy a Man's Life?

- Leslie G. Bleifuss

Volume 13, Issue 3 - Summer 1993


Takings Term II: New Tools for Attacking and Defending Environmental and Land-Use Regulation

- Michael Allan Wolf

Common Law Liability for Leaking Underground Storage Tanks

- Michael J. Maher

The Importance of Negotiations in Illinois Environmental Rulemaking and Overview of the Illinois Environmental Regulatory Process

- James T. Harrington

The Costs of Pollution Regulation: Economic and Policy Implications for Illinois

- Charles H. Shanabruch

The Role of the Illinois Attorney General in Environmental Enforcement

- Roland W. Burris & Diane L. Rosenfeld

Wetlands Preservation in the United States: A Case of Fragmented Authority

- Lettie McSpadden Wenner

Park Districts Coping with Environmental Liability and Environmental Responsibility in the Nineties

- Catherine Nichols

Benefits to Industry of Planning for Regulatory Compliance

- Fredric P. Andes


Borders, Barriers, and Other Obstacles to a Holistic Environment

- Steven M. Siros

Volume 12, Issue 1 - 1991

Dedication to Richard F. Babcock


The Economic Efficiency of the Robust Rules of Modern Product Liability Law

- Ronald Sisselman & David R. Wade

Judicial Enforcement of the Right to an Equal Education in Illinois

- Michael P. Seng & Michael R. Booden


The Probative Weight of the Mainstreaming Requirement under the EHA

- Linda S. Abrahamson

Collective Bargaining Units in the Health Care Industry: The NLRB and Rulemaking

- Rhonda Ferrero-Patten


Doe v. University of Michigan, District Court Strikes down University Policy against Racial Harassment on Grounds of Vagueness and Overbreadth

- Timothy B. Zollinger


The Bible Annotated: Use of the Bible in Reported American Decisions

- J. Michael Medina

Volume 12, Issue 2 - 1992

National Black Law Students Association Midwest Region Second Annual Midwest  Recruitment and Retention Conference: Focus on Retetion--Strategies That Work

Table of Contents


- Kathleen Patchel


- Judith A. Browne

Keynote Address

- Nathaniel R. Jones

Preparing Minority Students for Law School: The Program for Minority Access to Law School

- Mark Cordes

Preparing American Indians for Law School: The American Indian Law Center's Pre-Law Summer Institute

- Heidi Estes & Robert Laurence

The Role of CLEO in Successful Recruitment and Retention of Minority Students

- Denise W. Purdie

Financial Aid and Recruitment

- Ruth A. Witherspoon

The Connection between Recruitment and Retention

- Frank Motley

The Role of Minority Faculty in the Recruitment and Retention of Students of Color

- Paula C. Johnson

Role of Student Services Professionals in Promoting and Supporting a Diverse Law Student Body

- Edwin R. Hazen

Draft Statement of Student Services Administrators Good Practices

- Edwin R. Hazen

The LSAC Academic Support Program Workbook from the Perspective of a Novice User

- Kathleen Patchel

The Chicago Bar Association's Minority Clerkship Program

- Mark Latham


Diminishing Marginal Utility of Income and Progressive Taxation: A Critique of the Uneasy Case

- Mark S. Stein

Discriminatory Regulation of Trial Publicity: A Caveat for the Bar

- Joel H. Swift


Current Challenges to Free Expression: A New Age of Repression

- Geoffrey R. Stone


Harmful Error: Arizona v. Fulminante and the Expansion of the Harmless-Error Rule

- Shawn O. Miller

California v. Hodari D.: The Demise of the Reasonable Person Test in Fourth Amendment Analysis

- Patrick T. Costello

Edmonson v. Leesville Concrete Co.: Reasoned or Result-Oriented Jurisprudence?

- Frederick V. Olson

Volume 12, Issue 3 - 1992


The Commodification of Nature's Metropolis: The Historical Context of Illinois' Unique Zoning Standards

- Fred P. Bosselman

Metropolitan Public Housing Desegregatoin Remedies: Chicago's Privatization Program

- Leonard S. Rubinowitz

When First Amendment Principles and Local Zoning Regulations Collide

- Steven I. Brody

Luncheon Address

- Lawrence B. Christmas

An Outsider Looks at Illinois Zoning and Planning

- Edward H. Ziegler

Illinois Annexation Agreements - Are We behind the Times?

- Barbara Baran

An Alternative for Illinois Land Use Legislation

- Clyde W. Forrest

Panel Discussion



Between a Rock and a Hard Place in Illinois: Constitutional Responses to Adverse Waste Facility Siting Decisions

- Tara Fetherling

Volume 11, Issue 1 - 1990


Settlement Week: Measuring the Promise

- James G. Woodward

Waiver of Constitutional Issues in Criminal Cases: Confusion in the Illinois Supreme Court

- Timothy P. O'Neill


When Self Abuse Becomes Child Abuse: The Need for Coercive Prenatal Government Action in Response to the Cocaine Baby Problem

- Kevin Drendel


Clayton v. Place: Dancing around the Establishment Clause - Religion in the Public Schools

- Paul T. Donahue

Caplin & Drysdale, Chartered v. United States: Seizing Attorney Fees - Frozen Assets or Frozen Justice - The Sixth Amendment Right to Counsel of Choice is Given the Cold Shoulder

- Anthony G. Vella

Volume 11, Issues 2 & 3 - 1991


The Battle over the Rewrite of Illinois' Telecommunications Law: Is More Reform Needed?

- James M. Fink

The Scope of Attorney Advertisting in Illinois

- Robert J. Franco & Anne Scheitlin Johnson

AIDS and the Federal Bureau of Prisons: A Unique Challenge

- Richard S. Wilbur

AIDS in Jail

- Howard Messing


Urinalysis Drug Testing of Employees at Will: The Need for Mandatory Standards

- Shane J. Osowski


Michigan Department of State Police v. Sitz: Suspicionless Seizures and the Fourth Amendment

- Jill W. Broderick

Rutan v. Republican Party of Illinois and Patronage Employment Practices: Clarification or Confusion?

- David Herman

Stallman v. Youngquist - No, You Can't Sue Mommy in Illinois, the Illinois Supreme Court Rejects Maternal Prenatal Civil Liability

- Joseph S. Badger

Testing the Hand That Bites You: Johnetta J. v. the Municipal Court, Mandatory AIDS Testing, and the Fourth Amendment

- Paul T. Whitcombe


AIDS and the Criminal Justice System: An Annotated Bibliography

- John R. Austin & Rebecca S. Trammell

Volume 10, Issue 1 - 1989


Information, Privilege, Opportunity and Insider Trading

- Robert W. McGee & Walter E. Block


Hedonic Damages: Properly a Factor within Pain and Suffering under 42 U.S.C. Section 1983

- Patrick B. Murray


Fetal Rights - A Bibliography

- Rebecca S. Trammell


Corporate Counsels' Lack of Retaliatory Discharge Action

- Nancy K. Renfer


Coy v. Iowa: The Effect of a Face-to-Face Confrontation Requirement on Statutes Shielding Child Witnesses

- Janet D. Glick

Book Review: Law, Medicine and Social Justice by Larry L. Palmer

- Reviewed by Todd D. Volker


Volume 10, Issue 2 - 1990


Hearsay in Illinois: A New Look at Some Old Problems

- John E. Corkery

The Bankruptcy Code Requirement of Compliance with Lease Obligations - Does All Mean Everything?

- Glenn R. Schmitt


Judicial Procedures in Misdemeanor Domestic Assault Cases - A Model Policy

- Beverly Balos & Isabel Gomez


The Scope of the Public Duty/Special Duty Doctrine in Illinois: Municipal Liability for Failure to Provide Police Protection

- David A. Aaby


Patterson v. McLean Credit Union: Preventing Backdoor Discrimination Actions or Closing the Door?

- Elsa Miller

Work for Hire after CCNV v. REID: Adequacy of Protection for Artists and Extent of the Doctrine's Applicability to Software Developers

- Sheila Heitke

Book Review: Law and Information--A Review of The Electronic Media and the Transformation of Law by M. Ethan Katsh

- Reviewed by Stephen M. Barkan

Book Review: Constitutional Cultures: The Mentality and Consequences of Judicial Review

- Reviewed by Leonard P. Strickman

Volume 10, Issue 3 - 1990


The "Inviolate Personality" - Warren and Brandeis after One Hundred Years: Introduction to a Symposium on the Right of Privacy

- Sheldon W. Halpern

Privacy and the other Miss M

- Dorothy Glancy

How Privacy Got Its Gender

- Anita L. Allen & Erin Mack

Legacy of the Warren and Brandeis Article: The Emerging Unencumbered Constitutional Right to Informational Privacy

- Richard C. Turkington

Protecting Informational Privacy in the Information Society

- George B. Trubow


Hedonic Damages: Emerging Issue in Personal Injury and Wrongful Death Claims

- Gretchen L. Valentine

Whether Insurers Must Defend PRP Notifications: An Expensive Issue Complicated by Conflicting Court Decisions

- Joanna L. Johnson

Quotations and Actual Malice: Bridging the Gap between Fact and Fiction

- Mark A. Byrd

Volume 9, Issue 1 - 1988


An Independent Judiciary: Bulwark of the Constitution

- William H. Rehnquist

The Sale-of-Control Premium-Bribe: Recoupment in Advance: A Case Study

- David Cowan Bayne

Student Vandalism and Public Schools: The Scope of the Illinois Educators' Directive to Discipline

- Donald Shawler


Live Free or Die: Perceptions about Law Students

- Irving E. Fasan

If Wishes Were Horses: Reflections without Footnotes on Legal Education

- Irving E. Fasan


Detaining Successful Habeas Corpus Petitioners Due to Dangerousness: Hilton v. Braunskill

- Ronald P. Adams

Rethinking Tison v. Arizona

- Michael T. Barrett

Beyond MITE - CTS v. Dynamics: Has Management Won the Battle in the Fight against the Tender Offer, and What Injury Has the Individual Shareholder Suffered?

- James S. Zmuda

Book Review: Religious Convictions and Political Choice by Kent Greenawalt

- Reviewed by Todd Volker


Volume 9, Issue 2 - 1989


The Divorce Revolution Revisited: A Counter-Revolutionary Critique

- Abraham, Jed H.

U.C.C. Section 2-702(2): An Unsecured Seller's Right to Reclaim Goods

- William C. Sturm


RICO and the Rule of Lenity

- Ellsworth A. Van Graafeiland

The Illinois Mortgage Foreclosure Act and Installment Contracts: Filling in the Gaps

- Robert Kratovil

Generalizing from Facts in Predicting Court Cases

- Stuart S. Nagel


Attorney Fee Shifting: The Sanctioning Power of Section 1927 of Title 28, United States Code

- James A. Wright


Of Courts, Clauses and Native American Culture: Lyng v. Northwest Indian Cemetery Protective Association

- Bill Peters

Volume 9, Issue 3 - 1989


Evolving Disclosure Practices and Standards Affecting Tax-Exempt Bonds Issued for the Nonprofit Health Care Industry

- Robert J. Zimmerman

Enforceability of Guarantees by Charitable Organizations

- Carl H. Wartman

Voluntary Dismissals in Illinois

- Robert G. Johnston & Iain D. Johnston


Illinois' Drug Induced Homicide Statute: A Tough State Just Got Tougher

- Thomas N. Osran


The Dilemma of Chance in Medical Malpractice: Should Illinois Recognize a New Cause of Action for Lost Chance of Survivability?

- Jeffrey L. Benson

Employment at Will in Illinois - Has the Employer Been Forgotten?

- Walter W. Timm

Volume 8, Issue 1 - 1987


Mortgage Priority Problems: The New Illinois Mortgage Foreclosure Act and the Impact of the Uniform Acts

- Robert Kratovil

Lawyers in Business

- Justin A. Stanley

Even a Tax Collector Should Have Some Heart: Equitable Relief of the Innocent Spouse under I.R.C. 6013(e)

- J. Timothy Philipps & L. Bradford Bradford

An Exuberance of Prerogative - The Application of Ill. Rev. Stat. ch. 110, para. 2-611 and/or the Contempt Sanction to Attorney Disciplinary Proceedings in Illinois

- Susan W. Brenner & Jack S. Craven


Rethinking Regulatory Takings: A View toward a Comprehensive Analysis

- Steven I. Brody

Defendant Class Certification: The Difficulties under Rule 23(b)(2) and the Rule 65(d) Solution

- Diane Terrell


McCleskey v. Kemp: The Shadow of Racism on the Capital Sentencing Process

- Regina M. Harris

Volume 8, Issue 2 - 1988



- Randall E. Schumann

Hostile Corporate Takeovers: History and Overview

- Philip N. Hablutzel & David R. Selmer

Control Share Statutes

- Fred Axley, Roberta BlumStein & Andrew McCune

The Dynamics of State Protectionism: A Short Critique of the CTS Decision

- Thomas J. Bamonte

In Defense of State Takeover Laws

- Theodore W. Grippo

What is Wrong with Takeover Legislation

- George C. Hook

The Model Control Share Act Is the Best State Takeover Law Alternative

- Evan M. Kjellenberg


The Right to Die in Illinois: A Comprehensive Scheme

- David B. Collins

Promissory Fraud in Illinois: What is a Scheme to Defraud?

- Raymond R. Nolasco

Lender Liability under a Workout Agreement: A View toward a More Balanced Approach

- Jeffrey J. Neppl


The Soft Existing Legal Protection of Software and the Preemption of State Shrink-Wrap License Enforcement Acts

- Michael W. Mihm

Volume 8, Issue 3 - Summer 1988



- Leonard P. Strickman


- Samuel W. Witwer

The 1970 Illinois Constitution: Has it Made a Difference?

- Ann Lousin

The Power of State Constitutions in Protecting Individual Rights

- Stanley Mosk

From Judicial Election to Merit Selection: A Time for Change in Illinois

- Nancy Ford

Illinois Home Rule and Taxation: A New Approach to Local Government Enabling Authority

- James Banovetz & Thomas Kelty

The Education Article of the 1970 Illinois Constitution: Selected Policy Issues for Consideration and Debate at the Next Constitutional Convention

- B. Douglas Anderson

Reconsidering the Amendatory Veto for Illinois

- Jack R. Van der Slik

A Search for Accountability: Judicial Discipline under the Judicial Article of the 1970 Illinois State Constitution

- Pinky Wassenberg

Limits on State Taxation and Spending: Implications for the Illinois Constitutional Convention Referendum

- J. Fred Giertz & David L. Chicoine

Increased and Accessible Illinois Judicial Rulemaking

- Jeffrey A. Parness & Bruce Elliott Keller


The 1970 Illinois Constitution: First Two Decades--A Selected Bibliography

- Ann Lousin


Volume 4, Issue 1 - 1983


A Dedication to Francis X. Riley

- William J. Bauer


Interpersonal Privacy and the Fourth Amendment

- Albert W. Alschuler

How Are You Going to Keep Them down on the (Collective) Farm after They've Seen Chicago - A Minor's Right to Political Asylum against His Parents' Wishes

- Michael G. Hillinger


Feticide in Illinois: Legislative Amelioration of a Common Law Rule

- Michael Kevin Nowak

The Challenge of Transsexuality: Legal Responses to an Assertion of Rights

- L. Anita Richardson

Nonrecourse Financing: Does It Still Generate Tax Advantages after Gibson Products Co. v. United States and Brountas v. Commissioner?

- Gregory A. Biegel


Adoption of a Flexible Standard for Analyzing Informants' Tips in Illinois v. Gates

- Joseph E. Kolar

Volume 4, Issue 2 - 1984

A Dedication to Francis X. Riley

- William J. Bauer


Constitutional Bases for a Right of Access to Counsel at the Pre-trial Stages of Drunk Driving Prosecutions: A Study in Conflicting Rights

- Russell G. Murphy

The Role of Ideology in Prisoners' Rights Adjudication: Habilitative Prison Conditions and the Eighth Amendment

- James E. Robertson


NLRB v. Bildisco & Bildisco: Rejection of Collective Bargaining Agreements by Chapter 11 Debtors Receives High Court Approval

- Robert E. Dooley

Dirks v. SEC: Delineating the Scope of Insider Trading Liability under Rule 10b-5

- Bruno G. Para


The Illinois Criminal Sexual Assault and Abuse Act

- Roberta R. Hogan

Volume 2, Issue 1 - 1981


Sentencing Reform in the States: Some Sobering Lessons from the 1970's

- Franklin E. Zimring

Commentary: Some Lessons from the History of Illinois Sentencing Laws

- James B. Haddad

Commentary: The Imprisonment Decision - Why Not Try Something Old?

- Joel H. Swift

Commentary: Imprisonment - The Misplaced Focus of Sentencing Reform

- Andrea Monsees


The Admissibility of Expert Testimony on the Issue of Eyewitness Identification in Criminal Trials

- Edward B. Arnolds, William K. Carroll & Michael P. Seng


Judicially Created Defenses to the Unauthorized Use of Trademarks

- Jonathan P. Binnie


Bullington v. Missouri: The Cloning of the Prosecutorial Apple

- Carol Evans Walker

San Diego Gas & Electric: A Regulation Gone Too Far

- Harlan J. Spiroff

Volume 2, Issue 2 - 1982


Constitutional Chaos: Rodrock v. Security Industrial Bank, Thorp Finance Corporation v. Gifford

- Richard L. Merrick

Report and Recommendations

- Consumer Bankruptcy Subcommittee
of the Committee on Consumer Financial Services of the American Bar Association

The Potential for Post-Discharge Lien Survival: Problems Surrounding Sections 506(d) and 524(a) of the Bankruptcy Code of 1978

- Andrew J. Schmid

Educational Loans in Bankruptcy

- Lawrence Kalevitch


DES: The Patchwork Quilt of Tort Law

- Sharon C. Brennan

The Precarious Constitutionality of RICO Civil Remedies

- Edward J. Rodgers III

Non-Profit Musical Performance Societies and the 1976 Copyright Act: Selected Problems and Possible Solutions

- Richard J. Siegel

Patentability of Software Technology

- John C. Moran & Mark E. James


The Lassiter Decision: Termination of Parental Rights - New Standards for Right to Appointed Counsel

- Deborah L. Ahlstrand


Volume 1, Issue 1 - 1980


A Dedication to John S. Bainbridge

- Wm. Burnett Harvey



- Kathleen T. Zellner

Making the Punishment Fit the Corporation: The Problems of Finding an Optimal Corporation Criminal Sanction

- John C. Coffee, Jr.

Commentary: The Interplay between Corporate Liability and the Liability of Corporate Officers

- Norval Morris

Commentary: The Due Process Considerations in the Imposition of Corporate Liability

- Mark Crane

Rebuttal: The Individual or the Firm - Focusing the Threat of Criminal Liability

- John C. Coffee, Jr.


Products Liability: Should Illinois Allow Recovery for Property Damage Absent Personal Injury?

- Thomas J. O'Brien


Mobile v. Bolden: New Standards of Review for Effective Political Representation

- Michael L. Parker

Branti v. Finkel: A Fresh Look at the Spoils System

- Diane E. Ward

Diamond v. Chakrabarty: Living Things as Statutory Subject Matter

- Mark E. James

Owen v. City of Independence: Municipal Liability, an Evolving Trend

- Ronald F. Wittmeyer


Unequal Access to Separate Counsel: An Equal Protection Problem

- N. S. Hudell

Book Review: Folded Lies: Bribery, Crusades and Reforms

- Rodolphe de Seife

Volume 1, Issue 2 - 1981


The Guilt of the Innocent Construction Rule in Illinois Defamation Law

- Michael J. Polelle

Crime Must Not Pay: RICO Criminal Forfeiture in Perspective

- Edward C. Weiner


Antidumping Investigations: Procedural Reform and Substantive Change through the Trade Agreements Act

- Robert L. Reifenberg

Sexual Harassment of Working Women: The EEOC Guidelines - Panacea or Placebo?

- Barbara West


The Illinois Bail Jumper's Statute

- Sharon Santilli Broccoli


Richmond Newspapers, Inc. v. Virginia: A Constitutional Right of Access

- Beverly Vassar Haas


Taking Care of Strangers: The Rule of Law in Doctor-Patient Relations

- Natalie L. C. Stason

Before the Best Interests of the Child

- Karl G. Sorg