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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