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28 N. Ill. U. L. Rev. [i] (2007-2008)

handle is hein.journals/niulr28 and id is 1 raw text is: Northern Illinois University Law Review Volume 28 Fall 2007 Number 1 ARTICLES Some Challenges for Legal Pragmatism: A Closer Look at Pragmatic Legal Reasoning A ndrew J. M orris ................................................................ 1 This article draws on the literature of legal pragmatism to identify distinctive characteristics of pragmatic reasoning. It then conducts a methodical comparison of pragmatic reasoning with more principled reasoning, which the article identifies as reasoning that gives normative force to formal legal reasons. The article conducts this comparison based on five criteria: (1) generality versus contextual- ity; (2) level of decision costs; (3) effect on rate of true judicial error; (4) effect on predictability; and (5) effect on judicial legiti- macy. Contract Law and its Potential Impact on Parole and Probation Searches M ichael Chm elar ....................................................... 43 When considering a defendant's motion to reconsider his sentence or motion to reduce his sentence, Illinois courts apply principals of contract law to hold the defendant to his negotiated plea agreement. However, courts only utilize contract law to enforce the sentence length and not other material terms of a negotiated plea. Specifi- cally, Illinois courts have not enforced search conditions in proba- tion or parole orders when challenged through a motion to quash and suppress. The failure to extend the use of contract principals to the search term of a sentence could create a conflict with how courts enforce negotiated pleas. In addition, a court's failure to uphold the search condition of a parole or probation term may have a negative impact on the State's willingness to enter into a plea agreement. Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. v. NLRB out of Illinois Civil Courts Patrick D . K enneally ....................................................... 59 An increasing number of jurisdictions have seized upon the reason- ing in the United States Supreme Court's decision Hoffman Plastic Compounds, Inc. v. NLRB to deny undocumented immigrant plain- tiffs recovery for lost future earnings at their projected earnings while living in the United States. However, a correct reading of

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