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Articles 1 - 12 of 12
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Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Northern Illinois Law Review Supplement
This article explores United States jurisprudence of the constitutionality of language rights as it correlates to communications between law enforcement officials and non-English speaking persons in emergency situations. The judicial and legislative bodies provide protections to limited English speaking minorities in the realms of education, healthcare, and when navigating through the United States court system. However, these protections are not extended to include interactions between language-minority citizens and initial police interactions during emergency situations.
Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Ali M Abid
Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Northern Illinois University Law Review
To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
If Geronimo Was Jewish: Equal Protection And The Cultural Property Rights Of Native Americans, Sherry Hutt
Northern Illinois University Law Review
The Fourteenth Amendment should apply to Native Americans in the same manner that it is applied to other groups within the United States. In practice that has not been the case. The body of Indian Law has developed around a "special" treatment for Indians that is actually less than equal in effect. Such disparity is particularly evident in the treatment by the courts of the cultural property of Native Americans. The premise of the article is that if Native Americans were afforded equal protection for their cultural property rights then remedial laws would not be necessary. To illustrate the disparity …
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
The Right To Representation By Counsel In University Disciplinary Proceedings: A Denial Of Due Process Of Law, Robert B. Groholski
Northern Illinois University Law Review
This comment argues that university students who face suspension or expulsion for disciplinary reasons, as opposed to academic dismissal, are entitled to have retained legal counsel represent them as an element of procedural due process. The article begins with a general discussion of the jurisprudence that has developed concerning the Fourteenth Amendment's Due Process Clause. Utilizing both federal and state court decisions, the comment then demonstrates that university students hold protected liberty and property interests in their collegiate educations or degrees such that the procedural protections of the Due Process Clause are triggered when students face disciplinary suspension or expulsion. …
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Blind Leading The "Colorblind": The Evisceration Of Affirmative Action And A Dream Still Deferred, Amy L. Knickmeier
Northern Illinois University Law Review
The age of race-conscious remedial programs is coming to its demise. This Comment analyzes the application of the Fourteenth Amendment to school desegregation decrees and affirmative action programs in higher education. Furthermore, the Comment addresses the progressively hostile attitude exemplified by the judiciary toward such programs when Constitutional violations are absent. Finally, this Comment argues that racism continues to extensively influence societal views and behaviors. Therefore, until more viable and effective solutions to racism are implemented, race-conscious affirmative action plans must survive. Consequently, the Supreme Court ought to mandate a lenient standard of review to race-based remedial programs in higher …
J.E.B. V. Alabama Ex Rel. T.B.: Gender-Based Peremptory Challenges On Trial, Stacey L. Wichterman
J.E.B. V. Alabama Ex Rel. T.B.: Gender-Based Peremptory Challenges On Trial, Stacey L. Wichterman
Northern Illinois University Law Review
This note examines the United States Supreme Court decision holding that litigators may not discriminate on the basis of gender during the process of selecting jurors in that it violates the Equal Protection Clause of the Fourteenth Amendment. In addition to discussing the history of peremptory challenges and jury selection, the author proposes a limitation on the number of peremptory challenges allowed during jury selection. In doing so, the author explains that peremptory challenges have historically been a useful and integral part of jury selection, but the process is now a fertile ground for abuse. The author concludes that unless …
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
A Judicial Blow For "Jane Crowism" At The Citadel In Faulkner V. Jones, Sara L. Mandelbaum
Northern Illinois University Law Review
The Citadel, the military college of South Carolina, and the Virginia Military Institute, two bastions of male privilege in the South, are fighting to keep women out with vengeance reminiscent of the era of massive resistance. This article, a portion of a longer article in progress, delineates the major constitutional questions raised by these cases from the point of view of counsel to Shannon Faulkner, the young woman who sued for admission to The Citadel. As one federal judge has recognized, these cases are not so much about education as about "wealth, power, and the ability of those who have …
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs
Northern Illinois University Law Review
In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …
City Of Cleburne V. Cleburne Living Center, Inc.: Judicial Step Or Stumble?, Garrick J. Hodge
City Of Cleburne V. Cleburne Living Center, Inc.: Judicial Step Or Stumble?, Garrick J. Hodge
Northern Illinois University Law Review
An examination of the Supreme Court's decision determining the appropriate standard of review to be applied in fourteenth amendment equal protection analysis involving mentally retarded persons.
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
Northern Illinois University Law Review
This note analyzes the dissenting view of the Court that the mere imposition of a zoning regulation can affect a permanent or temporary taking of property for which compensation must be paid under the fifth and fourteenth amendments.