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Symposium Introduction: The Effect Of Dobbs On Work Law, Nicole Buonocore Porter

Employee Rights and Employment Policy Journal

In March 2023, Chicago-Kent College of Law hosted a symposium—The Effect of Dobbs on Work Law—to explore the ways that the Dobbs abortion decision has affected the workplace. The presenters at that live symposium wrote articles that are being published in this journal. As the host of the symposium and the Editor of this Journal, I use this Article to introduce the articles in this symposium issue and to provide my reflections on them. I also briefly address the topic that I presented at the symposium—the effect of Dobbs on people with disabilities.

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.

Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.

Introduction, Nancy S. Marder, Shari S. Diamond, Valarie P. Hans, Mar Jimeno-Bulnes

Chicago-Kent Law Review

No abstract provided.

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

A Taxonomy Of The Hardships Children Of Immigrant Parents Face Following Parental Deportation And Recommendations To Protect The Children’S Rights, Heather Sanborn

Chicago-Kent Law Review

No abstract provided.

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.

Explaining The Whys: Allowing Battered Woman Syndrome In Aid Of A Duress Defense, Samantha M. Musick

Seventh Circuit Review

The United States’ judicial system is firmly rooted in the proposition that all people are innocent until proven guilty. But because of the rampant stigmatization and misconceptions surrounding abuse, women claiming affirmative defenses and proffering evidence stemming from such trauma are tried with the cards stacked against them. As such, courts should allow evidence of mental health conditions like Battered Woman Syndrome when providing affirmative defenses for crimes such as duress to mitigate the pervasive reality of juror bias within the judicial system. In United States v. Dingwall, the Seventh Circuit Court of Appeals joined the District of Columbia, Sixth, …

I Might Stay Awhile: The Fundamental Right To Vote In A Residency Vs. Domicile, Bryant L. Roby Jr.

Seventh Circuit Review

The right to vote is a vital aspect of the United States Constitution, and it is a fundamental right that is uniformly cherished throughout the nation. Yet, the right to vote is not fundamental for citizens residing in U.S. territories. The Seventh Circuit upheld this principle in Segovia v. United States. This resulted in the court using a rational basis test instead of strict scrutiny to analyze the Plaintiff’s Equal Protection Claim. The court first held that the plaintiffs lacked standing to bring the case under the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”). In turn the court …

Combating The Opioid Crisis: How A Discretionary Departure May Encourage Application Of The “Death Results” Sentencing Enhancement, Mara A. Somlo

Seventh Circuit Review

In March 2018, the National Institute on Drug Abuse declared the misuse of and addiction to opioids a national crisis. With the number of drug overdose deaths exceeding 72,000 in 2017, then–U.S. Attorney General Jeff Sessions instituted a policy instructing federal prosecutors to pursue the most serious, readily provable offense. To combat the opioid epidemic, federal prosecutors can seek the “death results” sentencing enhancement, which creates a mandatory minimum sentence of twenty years when a defendant commits a drug offense and death or serious bodily injury results from the use of the drug. This sentence is significantly longer than the …

Sanctuary Jurisdictions: In A System Of Checks And Balances Who Has The Authority To Defeat Them?, Susana A. Sandoval Vargas

Seventh Circuit Review

During President Trump’s campaign, he vowed to deport the “bad hombres”—all immigrants with serious criminal records. His administration, however, is deporting more than just Mexican “criminals, drug dealers, and rapists.” The Department of Justice, under President Trump, has aggressively enforced federal immigration laws, invoking great fear in immigrant communities across the nation. In response to this hardline position on immigration enforcement, several jurisdictions throughout the United States declared themselves “sanctuaries,” or reaffirmed their already in-place sanctuary status. Generally, sanctuary jurisdictions limit the enforcement of federal immigration laws against immigrants with strong ties to the community that have no serious criminal …

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.

Vo. 37, No. 2, Bryan Diemer

The Illinois Public Employee Relations Report

What a Long, Strange Trip It’s Been: Marijuana’s Fifty-Year Journey from an Illegal Narcotic to a Lawful Recreational Drug and Whether Workplace Drug Polices Will Now Go Up in Smoke, by Bryan Diemer

Recent Developments

Vol. 37, No. 1, Stephanie Brinson

The Illinois Public Employee Relations Report

Conflict Resolution for Chicago Police and Community: Healing a Constitutional Crisis at the "Thirteenth Floor" through Native American Reparative Justice

By Stephanie Brinson

Recent Developments

The Anatomy Of Violent Crime: How Judicial Analysis For “Crimes Of Violence” Impacts Juveniles When Applied To The Federal Juvenile Delinquency And Transfer Statute, Anna Derkacz

Seventh Circuit Review

In 1984, the Comprehensive Crime Control Act revolutionized sentencing in the federal system by imposing mandatory minimum sentences for offenders who committed criminal offenses, increasing penalties for repeat offenses considered to be violent crimes. Since then, courts across the country have labored over defining what constitutes a “violent crime.” In the federal court system, juveniles can be transferred to adult proceedings under The Juvenile Transfer Statute. This statutes gives the government authority to transfer minors to adult court if he or she meets three conditions, one of which is whether the juvenile has a prior conviction of a “violent crime.” …

The Crime Of Product Counterfeiting: A Legal Analysis Of The Usage Of State-Level Statutes, Kari Kammel Esq., Brandon A. Sullivan Ph.D., Lorryn P. Young

Chicago-Kent Journal of Intellectual Property

This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anti-counterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner). Based on our findings, to improve state-level anti-counterfeiting efforts, we recommend several best practices:

• Adoption of specific criminal trademark counterfeiting statutes if states do not …

Chicago-Kent Magazine - 2019, Iit Chicago-Kent College Of Law

Chicago-Kent Magazine

No abstract provided.

Modularity In Cross-Border Insolvency, Andrew B. Dawson

Chicago-Kent Law Review

This Article proposes a framework for thinking about the design structure of the Model Law on Cross-Border Insolvency. The Model Law has been successful by many metrics; however, it has faced various implementation challenges. As leading scholar Professor Jay Westbrook has noted, thinking about these problems requires thinking about the Model Law as a system. To understand the system, it is necessary to understand its architecture, and I argue that this architecture is best understood as reflecting a modular design structure, i.e., one that divides complex systems into a hierarchical system of self-contained components. Modularity has provided insights into other …

Commitment Through Fear: Mandatory Jury Trials And Substantive Due Process Violations In The Civil Commitment Of Sex Offenders In Illinois, Michael Zolfo

Chicago-Kent Law Review

In Illinois, a person deemed a Sexually Violent Person (“SVP”) in a civil trial can be detained indefinitely in treatment facilities that functionally serve as prisons. SVPs are not afforded the right to waive a jury trial, a right that criminal defendants enjoy. This results in SVPs facing juries that treat sex offenders as monsters or sub-humans, due to often sensationalistic media coverage and the use of sex offenders as boogeymen in political campaigns. The lack of a jury trial waiver results in more individuals being deemed SVPs, depriving many of their liberty without the due process of law, a …

What Members Of Congress Say About The Supreme Court And Why It Matters, Carolyn Shapiro

Chicago-Kent Law Review

Republican and Democratic senators took strikingly different approaches to Justice Neil Gorsuch’s confirmation hearing. Republicans focused on judicial process—what judges are supposed to do, how they are constrained, and the significance of the constitutional separation of powers—evoking rhetoric long used by the political right. Democrats, by contrast, focused primarily on case outcomes, complaining, for example, that Gorsuch favored “the big guy” over “the little guy” in cases he decided as a judge on the Tenth Circuit. This Article critiques the Democrats’ failure to discuss judicial process and to promote their own affirmative vision of the judiciary and the Constitution. A …

Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collins Jr.

Chicago-Kent Law Review

Supreme Court nominees testifying before the Senate Judiciary Committee frequently invoke the so-called “Ginsburg Rule” to justify not answering questions posed to them. According to this “rule,” nominees during their testimony must avoid signaling their preferences about previously decided Supreme Court cases or constitutional issues. Using empirical data on every question asked and answered at every hearing from 1939–2017, we explore this “rule,” and its attribution to Justice Ruth Bader Ginsburg. We demonstrate three things. First, the Ginsburg Rule is poorly named, given that the practice of claiming a privilege to not respond to certain types of questions predates the …

The Forgotten Issue? The Supreme Court And The 2016 Presidential Campaign, Christopher W. Schmidt

Chicago-Kent Law Review

This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing it in the context of presidential elections over the past century.

In the presidential election of 2016, circumstances seemed perfectly aligned to force the Supreme Court to the front of public debate, but neither Donald Trump nor Hillary Clinton treated the Court as a central issue of their campaigns. Trump rarely went beyond a brief mention of the Court in his campaign speeches; Clinton basically …

Vol. 35, No. 2, Stephanie Fortado

The Illinois Public Employee Relations Report

Where Do We Go From Here? Martin Luther King, Jr.’s Labor Legacy and the Current Attacks on Public Sector Unions, by Stephanie Fortado

Recent Developments

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer

Chicago-Kent Law Review

A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo

Chicago-Kent Law Review

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …