Northwestern University Law Review back issues from January 2006:
BEYOND HOSPITAL MISBEHAVIOR: AN ALTERNATIVE ACCOUNT OF MEDICAL-RELATED FINANCIAL DISTRESS
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 536 II. CONSTRUCTING THE PROBLEM OF HOSPITAL MISBEHAVIOR ... ... ... ... ... ... ... ... ... ... .... 538 III. BEYOND HOSPITAL MISBEHAVIOR: AN EMPIRICAL INQUIRY ...
STRUCTURAL LAWS AND THE PUZZLE OF REGULATING BEHAVIOR
Jan 01, 2006; ... I. Two methods of regulation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....658 A. Fiat and Its Problems ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 659 B ....
A THEORY OF FEDERAL COMMON LAW
Jan 01, 2006; ... I. THE DEFINITION(S) OF FEDERAL COMMON LAW ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 589 II. THE ENCLAVES OF FEDERAL COMMON LAW ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 594 A. Cases Affecting the Rights and Obligations of the United ...
RECLAIMING "ABANDONED" DNA: THE FOURTH AMENDMENT AND GENETIC PRIVACY
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 857 II. "ABANDONED" DNA AS AN INVESTIGATIVE TECHNIQUE ... ... ... ... ... ... ... ... ... ... ... ..... 860 III. THE REGULATION OF ABANDONED ...
CRIME AND PARENTHOOD: THE UNEASY CASE FOR PROSECUTING NEGLIGENT PARENTS
Jan 01, 2006; ... I. DEATHS OF CHILDREN DUE TO PARENTAL NEGLIGENCE ... ... ... ... ... ... ... ... ... ... ... ... ... 812 A. Fatal Parental Negligence in the Literature ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 813 B. Judicial Decisions Involving Parental Negligence ... ... ... ... ... ... ... ... ... ... ... ... .....
POPULAR CONSTITUTIONALISM AND THE RULE OF RECOGNITION: WHOSE PRACTICES GROUND U.S. LAW?
Jan 01, 2006; ... INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 719 I. HART VERSUS DWORKIN REDUX: THE PROBLEM OF THE RECOGNITIONAL ...
A COMMON FIELD OF VISION: MUNICIPAL LIABILITY FOR STATE LAW ENFORCEMENT AND PRINCIPLES OF FEDERALISM IN SECTION 1983 ACTIONS
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 967 II. THE EVOLUTION OF MUNICIPAL LIABILITY FOR CONSTITUTIONAL TORTS ... ... ... 971 III. DIVISION IN THE CIRCUITS AND SCHOLARLY ...
BETWEEN POLITICAL SPEECH AND COLD, HARD CASH: EVALUATING THE FEC'S NEW REGULATIONS FOR 527 GROUPS
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 925 II. A BRIEF HISTORY OF CAMPAIGN FINANCE REGULATION ... ... ... ... ... ... ... ... ... ... ... ..... 932 A. The First Real Attempt at Reform: FECA and Buckley v ....
GARAGE DOOR OPENERS, PRINTER TONER CARTRIDGES, AND THE NEW AGE OF THE DIGITAL MILLENNIUM COPYRIGHT ACT
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 885 II. THE DMCA AND ITS APPLICATION TO DURABLE GOODS ... ... ... ... ... ... ... ... ... ... ... ..... 889 A. Background of the DMCA and Its ...
NO, WE'RE NOT THERE YET: A PROPOSED LEGISLATIVE APPROACH TO VIDEO ENTERTAINMENT SCREENS IN CARS
Jan 01, 2006; ... I. INTRODUCTION ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 999 II. BACKGROUND ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 1003 A. Understanding the ...
THE FIRST CENTURY: CELEBRATING 100 YEARS OF LEGAL SCHOLARSHIP
Jan 01, 2006; ... FOREWORD When the Illinois Law Review was launched exactly one hundred years ago, the first order of business was to justify its existence. As Professors Dawn Clark Netsch and Harold D. Shapiro recount in their delightful history of what is now known as the Northwestern ...
100 YEARS AND COUNTING
Jan 01, 2006; ... I. INTRODUCTION: ITS TIME AND PLACE The Illinois Law Review-Undoubtedly the field for law reviews of a general character is already overcrowded. Moreover, it must be conceded that such reviews, however excellent, enlist the interest of but a small minority of the practicing lawyers of ...
A PERSONAL HISTORY OF THE LAW REVIEW
Jan 01, 2006; ... Art Seder and I were co-editors-in-chief of the Northwestern University Law Review in 1947 when the journal was known by a different name: the Illinois Law Review. I am sure that most students who now contribute to each of the three law reviews published at the University of Illinois, the ...
RACE AND GENDER IN THE LAW REVIEW
Jan 01, 2006; ... A number of years ago a noted historian of the American West, Patricia Limerick, addressed the plenary session of the Association of American Law Schools.1 In her speech, she described how the received history of the West consisted of a narrative in which explorers like Lewis and Clark entered ...
MIRANDA'S HOLLOW CORE
Jan 01, 2006; ... Miranda v. Arizona1 is one of the most important decisions of the twentieth century. It revolutionized criminal interrogations and was part of a larger revolution in the nature of both the Supreme Court and the federal system generally. It took power out of the hands of state officials and ...
THE TERRI SCHIAVO CASE: IN DEFENSE OF THE SPECIAL LAW ENACTED BY CONGRESS AND PRESIDENT BUSH
Jan 01, 2006; ... I. INTRODUCTION Terri Schiavo's case transfixed the nation for the last few weeks of March 2005 as the brain-damaged woman lay dying in a Florida hospice. Mrs. Schiavo had been in a vegetative state for years, and her husband Michael Schiavo successfully petitioned the Florida state ...
PUTTING A PRICE ON PAIN-AND-SUFFERING DAMAGES: A CRITIQUE OF THE CURRENT APPROACHES AND A PRELIMINARY PROPOSAL FOR CHANGE
Jan 01, 2006; ... I. INTRODUCTION Seventeen volumes and seventeen years ago, the editors of the Northwestern University Law Review made a wise decision. They accepted for publication an article-Valuing Life and Limb in Tort: Scheduling Painand-Suffering-which has become one of the most important pieces ...
A WISTFUL RETROSPECTIVE ON WIGMORE AND HIS PRESCRIPTIONS FOR ILLINOIS EVIDENCE LAW
Jan 01, 2006; ... I. INTRODUCTION Former Chicago alderman and political ward boss Paddy Bauler once famously exclaimed: "Chicago ain't ready for reform yet."1 Mr. Dooley's famous phrase, "Politics ain't beanbag" has been another one of the city's most quoted lines, one that is often heard in the state ...
THE INCOME TAX AND THE BURDEN OF PERFECTION
Jan 01, 2006; ... The modern federal income tax and the Northwestern University Law Review have something rather peculiar in common. Both suffered false starts in the late nineteenth century, only to shortly thereafter be reconstituted and to emerge as significant legal institutions in the early twentieth ...
THE PROBLEM OF THE FAITHLESS ELECTOR: TROUBLE APLENTY BREWING JUST BELOW THE SURFACE IN CHOOSING THE PRESIDENT
Jan 01, 2006; ... While there was a bit of suspense on election night of 2004, by the next morning it was clear that George Bush had secured reelection, no ifs, ands, or buts. Or was it? The electoral college was not to meet (in fifty-one separate state and District of Columbia gatherings) until the Monday after ...
THE CONTRIBUTION OF THE INFIELD FLY RULE TO WESTERN CIVILIZATION (AND VICE VERSA)
Jan 01, 2006; ... (ProQuest Information and Learning: ... denotes non-USASCII text omitted.) (ProQuest Information and Learning: ... denotes formulae omitted.) Professor D'Amato's essay is a kind of universal satire-of law reviews, law review editors, pompous generalizations, relentless illogic, ...
REVISITING THE UNANIMITY REQUIREMENT: THE BEHAVIOR OF THE NON-UNANIMOUS CIVIL JURY^sup +^
Jan 01, 2006; ... I. INTRODUCTION Legal scholarship in the twenty-first century reflects a growing interest in behavioral research on law and legal institutions.1 In this Essay, we turn to behavioral research on the jury and use a unique set of real jury deliberations to raise serious questions about the ...
DRUG POLICY AND THE LIBERAL SELF
Jan 01, 2006; ... John Stuart Mill's harm principle is now in a peculiar predicament. Mill famously wrote that "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a ...
THE IMPACT OF POSITIVE POLITICAL THEORY ON OLD QUESTIONS OF CONSTITUTIONAL LAW AND THE SEPARATION OF POWERS
Jan 01, 2006; ... Two of the oldest and most frequently recurring constitutional questions are: to what extent should courts defer to the other branches of government, and what is the best judicial philosophy? These two normative questions are subsumed within the broader issue of the role of the judiciary within ...
LEGAL CLINICS AND THE BETTER TRAINED LAWYER (REDUX)^sup +^: A HISTORY OF CLINICAL EDUCATION AT NORTHWESTERN
Jan 01, 2006; ... I. INTRODUCTION Notice posted by Dean Wigmore on the Law School's Bulletin Board, October 4, 1920, to students who had not fulfilled their legal clinic responsibilities: Pursuant to the notice on the Board concerning the Legal Clinic, you are requested to show cause to me before ...
FOREIGN TO OUR CONSTITUTION
Jan 01, 2006; ... "[King George III] has combined with others to subject us to a Jurisdiction foreign to our Constitution." -The Declaration of Independence1 INTRODUCTION The current enthusiasm among academics for using contemporary international and foreign law to interpret and supplement ...
LEGISLATIVE DECEPTION, SEPARATION OF POWERS, AND THE DEMOCRATIC PROCESS: HARNESSING THE POLITICAL THEORY OF UNITED STATES V. KLEIN
Jan 01, 2006; ... I. INTRODUCTION Some Supreme Court decisions withstand the test of time. They are universally recognized as the fulcrums of modern constitutional law, even if they were decided before the turn of the prior century. If students learn nothing else in their constitutional law courses it is ...
TESTING THE "MODEL MINORITY MYTH"
Jan 01, 2006; ... I. INTRODUCTION The stereotype of Asian Americans as a "Model Minority" appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that "Asian Americans, ...
THE BOGALUSA EXPLOSION, "SINGLE BUSINESS ENTERPRISE," "ALTER EGO," AND OTHER ERRORS: ACADEMICS, ECONOMICS, DEMOCRACY, AND SHAREHOLDER LIMITED LIABILITY: BACK TOWARDS A UNITARY "ABUSE" THEORY OF PIERCING THE CORPORATE VEIL
Jan 01, 2006; ... I. INTRODUCTION: A THREAT TO LIMITED LIABILITY POSED BY A BOGALUSA EXPLOSION On October 23, 1995, in Bogalusa, Louisiana, a railcar exploded at the Gaylord Chemical Corporation facility. Gaylord Chemical is a wholly owned subsidiary of Gaylord Container Corporation, and while Gaylord ...
RESPONSIBILITY FOR INJURIES: SOME SKETCHES
Jan 01, 2006; ... The meaning of responsibility in tort, and the dimensions of responsibility for injury generally, present constant challenges to lawyers, judges, and commentators. This Essay undertakes to sketch a few zones of that vast territory. First I shall identify some competing views about the ...
ANACHRONISMS IN SUBCHAPTER K OF THE INTERNAL REVENUE CODE: IS IT TIME TO PART WITH SECTION 736?
Jan 01, 2006; ... Brutus: Peace! Count the clock. Cassius: The clock hath stricken three. Trebonius: 'Tis time to part. -William Shakespeare, The Tragedy of Julius Caesar1 On this occasion of the one-hundredth anniversary of the Northwestern University Law Review, the editorial ...
TRIAL THEORY AND BLIND POETICS
Jan 01, 2006; ... Every successful case starts with an act of imagination. Before the first motion is filed and well before the first witness testifies, a lawyer must begin to develop a comprehensive and persuasive story. The story has to be factual and logical, of course, accounting for the known facts and ...
THE LURKING RULE AGAINST ACCUMULATIONS OF INCOME
Jan 01, 2006; ... I. INTRODUCTION The Rule Against Perpetuities is dying an ignoble death. To attract trust business and the lawyers' fees and trustees' commissions that come with it, twenty-one states have abolished the Rule as applied to interests in trust.1 These states have thus authorized perpetual ...
ASSISTED REPRODUCTION AND THE LAW: DISHARMONY ON A DIVISIVE SOCIAL ISSUE
Jan 01, 2006; ... I. INTRODUCTION Thousands of children are born every year in the United States conceived with the use of assisted reproduction technology ("ART"), bringing sought-after babies to couples who would otherwise be childless. Along with this benefit, however, ART raises several difficult ...
WHAT IS LEGAL DOCTRINE?
Jan 01, 2006; ... Legal doctrine is the currency of the law. In many respects, doctrine, or precedent, is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers ...