Northwestern University Law Review

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

Articles from Vol. 100, No. 1, 2006

100 Years and Counting
I. INTRODUCTION: ITS TIME AND PLACEThe 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...
Anachronisms in Subchapter K of the Internal Revenue Code: Is It Time to Part with Section 736?
Brutus: Peace! Count the clock.Cassius: The clock hath stricken three.Trebonius: 'Tis time to part.-William Shakespeare, The Tragedy of Julius Caesar1On this occasion of the one-hundredth anniversary of the Northwestern University Law Review, the editorial...
A Personal History of the Law Review
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...
Assisted Reproduction and the Law: Disharmony on a Divisive Social Issue
I. INTRODUCTIONThousands 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,...
A Wistful Retrospective on Wigmore and His Prescriptions for Illinois Evidence Law
I. INTRODUCTIONFormer 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...
Drug Policy and the Liberal Self
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...
Foreign to Our Constitution
"[King George III] has combined with others to subject us to a Jurisdiction foreign to our Constitution."-The Declaration of Independence1INTRODUCTIONThe current enthusiasm among academics for using contemporary international and foreign law to interpret...
LEGAL CLINICS AND THE BETTER TRAINED LAWYER (REDUX)^sup +^: A HISTORY OF CLINICAL EDUCATION AT NORTHWESTERN
I. INTRODUCTIONNotice 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...
Legislative Deception, Separation of Powers, and the Democratic Process: Harnessing the Political Theory of United States V. Klein
I. INTRODUCTIONSome 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...
Miranda's Hollow Core
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...
Putting a Price on Pain-and-Suffering Damages: A Critique of the Current Approaches and a Preliminary Proposal for Change
I. INTRODUCTIONSeventeen 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...
Race and Gender in the Law Review
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...
Responsibility for Injuries: Some Sketches
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...
REVISITING THE UNANIMITY REQUIREMENT: THE BEHAVIOR OF THE NON-UNANIMOUS CIVIL JURY^sup +^
I. INTRODUCTIONLegal 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...
Testing the "Model Minority Myth"
I. INTRODUCTIONThe 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 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
I. INTRODUCTION: A THREAT TO LIMITED LIABILITY POSED BY A BOGALUSA EXPLOSIONOn 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...
The Contribution of the Infield Fly Rule to Western Civilization (and Vice Versa)
(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,...
The First Century: Celebrating 100 Years of Legal Scholarship
FOREWORDWhen 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 Impact of Positive Political Theory on Old Questions of Constitutional Law and the Separation of Powers
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...
The Income Tax and the Burden of Perfection
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...
The Lurking Rule against Accumulations of Income
I. INTRODUCTIONThe 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...
The Problem of the Faithless Elector: Trouble Aplenty Brewing Just below the Surface in Choosing the President
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...
The Terri Schiavo Case: In Defense of the Special Law Enacted by Congress and President Bush
I. INTRODUCTIONTerri 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...
Trial Theory and Blind Poetics
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,...
What Is Legal Doctrine?
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...

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