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Full-Text Articles in Law

In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022), Erin Murphy Fete Jan 2022

In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022), Erin Murphy Fete

UIC Law Review

No abstract provided.


America To Me – A Public Nuisance Reparations Framework Through The Lens Of The Tulsa Massacre, 55 Uic L. Rev. 681 (2022), Kerri Gefeke Jan 2022

America To Me – A Public Nuisance Reparations Framework Through The Lens Of The Tulsa Massacre, 55 Uic L. Rev. 681 (2022), Kerri Gefeke

UIC Law Review

No abstract provided.


Coerced Testimony Of A Witness, As Opposed To The Fabrication Of Evidence, Should Not Be Used As A Basis To Satisfy A § 1983 Claim For Alleged Due Process Violations In An Underlying Criminal Matter, 55 Uic L. Rev. 40 (2022), Jonathan Federman, Kyle Fleck Jan 2022

Coerced Testimony Of A Witness, As Opposed To The Fabrication Of Evidence, Should Not Be Used As A Basis To Satisfy A § 1983 Claim For Alleged Due Process Violations In An Underlying Criminal Matter, 55 Uic L. Rev. 40 (2022), Jonathan Federman, Kyle Fleck

UIC Law Review

No abstract provided.


The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton Jan 2022

The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton

UIC Law Review

No abstract provided.


June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider Jan 2022

June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider

UIC Law Review

No abstract provided.


Apartheid-Era Chicago, 55 Uic L. Rev. 219 (2022), Karl Muth Jan 2022

Apartheid-Era Chicago, 55 Uic L. Rev. 219 (2022), Karl Muth

UIC Law Review

No abstract provided.


The Plain Meaning Of Sex: A Note On Bostock V. Clayton County, 55 Uic L. Rev. 357 (2022), Christopher Dallas Jan 2022

The Plain Meaning Of Sex: A Note On Bostock V. Clayton County, 55 Uic L. Rev. 357 (2022), Christopher Dallas

UIC Law Review

No abstract provided.


Justifying The Margins: Granting Suspect Classification To Trans* Individuals In The U.S. Judicial System, 55 Uic L. Rev. 403 (2022), James Casey Edwards Jan 2022

Justifying The Margins: Granting Suspect Classification To Trans* Individuals In The U.S. Judicial System, 55 Uic L. Rev. 403 (2022), James Casey Edwards

UIC Law Review

No abstract provided.


Johnson V. City Of Ferguson: Unreasonable Seizures Of Bystanders Of Police Brutality, 55 Uic L. Rev. 587 (2022), Cashmere Cozart Jan 2022

Johnson V. City Of Ferguson: Unreasonable Seizures Of Bystanders Of Police Brutality, 55 Uic L. Rev. 587 (2022), Cashmere Cozart

UIC Law Review

No abstract provided.


The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022), Nicholas Kresl Jan 2022

The Great (Un)Equalizer: Education As A Fundamental Right, 55 Uic L. Rev. 803 (2022), Nicholas Kresl

UIC Law Review

No abstract provided.


Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila A. Jan 2019

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila A.

UIC Law White Papers

No abstract provided.


Growing Inequality Of Opportunity In Texas: Causes And Solutions, 51 J. Marshall L. Rev. 309 (2018), Raj Salhotra Jan 2018

Growing Inequality Of Opportunity In Texas: Causes And Solutions, 51 J. Marshall L. Rev. 309 (2018), Raj Salhotra

UIC Law Review

In this paper, I will discuss Texas-specific data regarding inequality, identify causes of rising inequality, and offer policy solutions to remedy the situation. Specifically, in Section II, I will offer data on inequality within Texas. In Section III, I will build a framework to conceptualize the various causes of this growing inequality. In Section IV, I will offer specific solutions to help reduce inequality. For each solution, I will offer a “dream” solution and a “politically-feasible” solution. Finally, in Section V, I will conclude the paper and relate this research back to the American Dream story.


A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018), J. Brad Reich Jan 2018

A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018), J. Brad Reich

UIC Law Review

This article has five sections. Section I looks at critical, operational, definitions of “sex” and “gender.” As we shall see, the terms are not synonyms. That distinction is important as section II takes us back to Title IX’s original text. That language prohibited discrimination based on sex, but it remains silent on the issue of gender. Section III then examines how Title IX evolved in terms of depth, breadth, and scope. The most recent expansion brought campus sexual violence procedures under Title IX. That development may be particularly thought provoking as sexual violence, like gender, is not part of Title …


Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco Jan 2018

Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco

UIC Law Review

No abstract provided.


Biometrics And Federal Databases: Could You Be In It?, 51 J. Marshall L. Rev. 589 (2018), Angelica Carrero Jan 2018

Biometrics And Federal Databases: Could You Be In It?, 51 J. Marshall L. Rev. 589 (2018), Angelica Carrero

UIC Law Review

No abstract provided.


Masterpiece Cakeshop: “Does Anybody Really Know What Time It Is?”, 52 Uic J. Marshall L. Rev. 83 (2018), Ted Hong Jan 2018

Masterpiece Cakeshop: “Does Anybody Really Know What Time It Is?”, 52 Uic J. Marshall L. Rev. 83 (2018), Ted Hong

UIC Law Review

The purpose of this article is to highlight the less controversial part of the Court’s opinion. This article is intended for counsel representing parties before federal, state, municipal and local administrative agencies, counsel representing administrative agencies and people serving on administrative agencies. The article discusses how the Masterpiece Cakeshop opinion was the culmination of discussing the role of procedural due process in the administrative agency process. The Court’s opinion has “real time” application in a current case before the Intermediate Court of Appeals, State of Hawai`i. This article also highlights the difference in appointment of boards and commissioners in three …


Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney Jan 2018

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney

UIC Law Review

No abstract provided.


Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden Jan 2017

Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden

UIC John Marshall Journal of Information Technology & Privacy Law

Thanks to the advancements in technology and valor of citizens, the public is finally able to understand the true severity of police brutality within the United States. The following considerations aim to address the lack of accountability and transparency of police brutality in the United States today. Part III will show how advancements in technology brings police brutality to the forefront of our nation’s issues by creating an informed society. Part IV will describe how individual states control the use of private cameras and cell phones of citizens to capture occurrences of police brutality. States do this by employing anti-wiretapping …


Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic Jan 2017

Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic

Court Documents and Proposed Legislation

No abstract provided.


Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young Jan 2017

Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young

UIC Law Review

This article examines this recent surge of student activism to determine how it fits within larger social movements and to evaluate how receptive courts and legislatures may be to some of the claims raised by the protests. Significant changes in civil rights laws have often been driven by significant shifts in societal perceptions of and engagement with social justice issues. And importantly, social movements have often fostered the political pressure necessary for social, legal, and political reform. There is the potential for these protests to influence courts and legislatures and shape their interpretations of legal rules in ways that recognize …


Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz Jan 2017

Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz

UIC Law Review

Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be …


The Saving Grace Of Public Defense? Is The “Client-Choice” Method A Cure-All For Problems That Plague This Overburdened System? 50 J. Marshall L. Rev. 307 (2017), Sean Baker Jan 2017

The Saving Grace Of Public Defense? Is The “Client-Choice” Method A Cure-All For Problems That Plague This Overburdened System? 50 J. Marshall L. Rev. 307 (2017), Sean Baker

UIC Law Review

No abstract provided.


Reconciling The History Of The Hangman’S Noose And Its Severity Within Hostile Work Environment Claims, 51 J. Marshall L. Rev. 137 (2017), Tess Godhardt Jan 2017

Reconciling The History Of The Hangman’S Noose And Its Severity Within Hostile Work Environment Claims, 51 J. Marshall L. Rev. 137 (2017), Tess Godhardt

UIC Law Review

No abstract provided.


Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle Jan 2016

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii Jan 2016

The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".


Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper Jan 2016

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …


Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap Jan 2016

Rfid Implementation: Testing In Prisons And Parolees For The Greater Good, 33 J. Marshall J. Info. Tech. & Privacy L. 22 (2016), Mirko Akrap

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Out Of Touch: Shelby V. Holder And The Callous Effects Of Chief Justice Roberts’S Equal State Sovereignty, 49 J. Marshall L. Rev. 751 (2016), Adam Bolotin Jan 2016

Out Of Touch: Shelby V. Holder And The Callous Effects Of Chief Justice Roberts’S Equal State Sovereignty, 49 J. Marshall L. Rev. 751 (2016), Adam Bolotin

UIC Law Review

No abstract provided.


Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy Jan 2015

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …


Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin Jan 2015

Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

As in other ethnic and racial groups, colorism plays a significant role in the social interactions in and among Asian Americans. Investigating colorism in the Asian American community provides insights into how group members construct their own racial identities in relation to the broader race-stratified society. A colorism inquiry is a necessary intervention into the existing discourse of Asian American identity construction because it complicates common understandings of the Black/White binary in ways that shed new light on inter- and intra-racial relationships. This article addresses colorism in the Asian American community, and demonstrates both how Asian Americans have been racialized …