Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 98, No. 1, Fall

A Jurisprudence of Dangerousness
INTRODUCTIONLeroy Hendricks is on the verge of release from prison after serving his fifth sentence for child molestation. He candidly tells his court-appointed evaluators that, if released, the only sure way he will stop molesting children is "to die."1Garry...
A Thousand Words Are Worth a Picture: A Privacy Tort Response to Consumer Data Profiling
I. INTRODUCTIONIn the wake of the 9/11 terror attacks against the United States, John Poindexter, the highest-ranking official to be criminally convicted in the Iran-Contra debacle in the mid-1980s, successfully pitched an idea to the U.S. Defense Department...
Irrational Fears: The "No Law to Apply" Doctrine vs. the Real Culprit of Unconstitutional Delegation
I. INTRODUCTIONThe ability of Congress to delegate authority1 in this country has existed for nearly two-hundred years.2 However, it was not until J.W. Hampton, Jr. & Co. v. United States3 that any official edict developed to regulate congressional...
Navigating Failure: Bankruptcy and Commercial Society in Antebellum America/republic of Debtors: Bankruptcy in the Age of American Independence/debt's Dominion: A History of Bankruptcy Law in America
NARRATING BANKRUPTCY / NARRATING RISKreviewingNAVIGATING FAILURE: BANKRUPTCY AND COMMERCIAL SOCIETY IN ANTEBELLUM AMERICA By Edward J. Balleisen. University of North Carolina Press, 2001.REPUBLIC OF DEBTORS: BANKRUPTCY IN THE AGE OF AMERICAN INDEPENDENCE...
Pay Up or Shut Up: The Supreme Court's Prospective Denial of in Forma Pauperis Petitions
"Something can be heard in the hallways outside the nation's courtrooms that has not been heard for a long while-the sounds of the courtroom doors swinging closed."1I. INTRODUCTIONThe United States Supreme Court has exhausted its patience for the claims...
Squandering the Gain: Gainsharing and the Continuing Dilemma of Physician Financial Incentives
"Every joy is gain. And gain is gain, however small."-Robert Browning1"No pain, no gain."-Arnold Schwarzenegger2INTRODUCTIONConsider the case of General Tire and the trimming knives. Employees at the company's tire assembly plant in Mount Vernon, Illinois...
The Establishment Clause: Corollary of Eighteenth-Century Corporate Law?
I. INTRODUCTIONOver the years, numerous commentators have struggled to discern the meaning of the seemingly straightforward language of the Establishment Clause.1 The Supreme Court, too, has wrestled with the clause on numerous occasions, deciding several...