Northwestern University Law Review

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

Articles from Vol. 102, No. 4, Fall

ANTITRUST ISSUES RAISED BY THE EMERGING GLOBAL INTERNET ECONOMY[dagger]
INTRODUCTIONWeb-based businesses are increasingly the subject of antitrust concerns. Plaintiffs in the United States have sued eBay for tying its online payments service to its transaction service.1 Multiple jurisdictions in the European Community have...
An Unredeemed Promise: How Courts Can Prevent Offensive Collateral Estoppel from Undercutting the Policy Goals of Amended Federal Rule of Evidence 408
INTRODUCTION........................................................................................................... 1953I. FEDERAL RULE OF EVIDENCE 408: COMPROMISE AND OFFERS TO COMPROMISE . 1 955A. The Circuit Split over Rule 408...................
HELLER'S FUTURE IN THE LOWER COURTS[dagger]
INTRODUCTIONThe Supreme Court has released its long-awaited opinion in District of Columbia v. Heller? and the buzz has been considerable. Though much has been made of the majority's historic ruling and of the narrowness of that majority, many commentators...
HUMAN RIGHTS AND GLOBALIZATION: PUTTING THE RACE TO THE TOP IN PERSPECTIVE[dagger]
INTRODUCTIONDavid Law paints a heartening picture in his engaging article Globalization and the Future of Constitutional Rights.1 Globalization, he argues, promotes the protection of human rights: "[A]s capital and skilled labor become increasingly mobile,...
IN SEARCH OF "REFINEMENT WITHOUT EXCLUSIVENESS": INCLUSIONARY ZONING IN HIGHLAND PARK, ILLINOIS[dagger]
I. INTRODUCTION................................................................................................... 1919II. INCLUSIONARY ZONING MAKES ITS WAY TO HIGHLAND PARK ........................... 1922A. Introduction to Inclusionary Zoning ............
Labor, Luck, and Love: Reconsidering the Sanctity of Separate Property
"Marriage is a proclamation that one need not battle alone the vicissitudes that life can bring, but can rely on a partner to share the burdens of living in what sometimes seems a capricious and indifferent universe."[dagger]I. INTRODUCTION .......................
Reputation Nation: Law in an Era of Ubiquitous Personal Information
INTRODUCTION ........................................................................................................... 1668I. THE REPUTATION REVOLUTION AND THE LAW ................................................... 1670A . Existing Scholarship on...
The Impact of Computers on the Legal Profession: Evolution or Revolution?
"When the first personal computer appeared in a law office, the practice of law underwent a profound change. "*"The professional lives of lawyers (not to mention their personal lives) have been fundamentally and forever altered by the introduction of...
The Original Meaning of "Unusual": The Eighth Amendment as a Bar to Cruel Innovation
"Were your health in danger, would you take new medicine? I need not make use of these exclamations: for every member in this committee must be alarmed at making new and unusual experiments in government. "[dagger]"It is the genius of the common law...
"To Encourage Settlement": Rule 68, Offers of Judgment, and the History of the Federal Rules of Civil Procedure
Introduction ........................................................................................................... 1561I. Rule 68 Today ................................................................................................. 1564II. Rule...
"TOO PLAIN FOR ARGUMENT?" THE UNCERTAIN CONGRESSIONAL POWER TO REQUIRE PARTIES TO CHOOSE PRESIDENTIAL NOMINEES THROUGH DIRECT AND EQUAL PRIMARIES[dagger]
IntroductionAfter the 2008 presidential election season concludes, no doubt there will be calls to change the presidential nomination system, especially on the Democratic Party side. Already before the current season began, Congress explored legislation...