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Full-Text Articles in Law
The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore
The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore
Loyola University Chicago Law Journal
In 2022, the Supreme Court was asked the question: May a criminal defendant “open the door” to evidence that it is otherwise inadmissible because of their Sixth Amendment right to confront adversarial witnesses? It is not unheard of that, at trial, a defendant’s attorney makes arguments that prosecutors and judges think will mislead the jury. Many times, these arguments reference evidence that—by evidentiary rule, pretrial ruling, or otherwise—is inadmissible. Trial courts have long been afforded the discretion to measure how much evidence can come through the door a defendant opens by raising these arguments to cure any false impression that …
United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa
United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa
Loyola University Chicago Law Journal
Since 1917, residents of Puerto Rico have been citizens of the United States. However, because of Puerto Rico’s status as a United States territory, residents of Puerto Rico are not automatically guaranteed the same constitutional rights as other citizens of the United States. When faced with the question of what constitutional rights residents of Puerto Rico are entitled to, the Supreme Court has continued to perpetuate the otherness of United States territories. This disposition results from the United States’ colonial mindset in the acquisition and government of its territories. The discrimination against United States territories, namely Puerto Rico, has bled …
Introduction To Issue Three, Paul W. Kucinski
Introduction To Issue Three, Paul W. Kucinski
Loyola University Chicago Law Journal
No abstract provided.
From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern
Loyola University Chicago Law Journal
Professor Shai Stern of Bar Ilan University in Israel analyzes the Court’s decision and argues that its approach not only denies a previously recognized constitutional right, but also opens the door for the challenge to other recognized rights. In addition, Professor Stern highlights the Court’s own delegitimization and contribution to rising political polarization.
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan H. Caminker
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan H. Caminker
Loyola University Chicago Law Journal
Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …
Retroactivity And Appointments, Andrew C. Michaels
Retroactivity And Appointments, Andrew C. Michaels
Loyola University Chicago Law Journal
The current law of retroactivity in the Appointments Clause context is confused, resulting in significant practical consequences, such as when courts unnecessarily invalidate prior administrative decisions after judicially removing an unconstitutionality, even where the prior statutory misrepresentation had no apparent effect on the invalidated actions. The Supreme Court has recently been active in the Appointments Clause area without discussing the attendant retroactivity issues, which lower courts are confronting with increased frequency. This article reviews the doctrine of retroactivity and appointments, discusses the relevant academic literature, and proposes a coherent and sensible framework for courts to use when faced with these …
Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll
Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll
Children's Legal Rights Journal
No abstract provided.
The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? , Katie Rinkus
The Pregnancy Exclusion In Advance Directives: Are Women's Constitutional Rights Being Violated? , Katie Rinkus
Public Interest Law Reporter
No abstract provided.
Our Divine Constitution, David Schraub
Our Divine Constitution, David Schraub
Loyola University Chicago Law Journal
No abstract provided.
Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay
Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay
Loyola University Chicago Law Journal
The Privileges and Immunities Clause of Article IV provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” According to Alexander Hamilton, the clause was “the basis of the union,” which may seem odd given its minor significance in modern constitutional law. Part of the reason for its relative unimportance today is the development of constitutional doctrines unforeseeable in the eighteenth century: the invention of the Dormant Commerce Clause and the enactment of the Fourteenth Amendment, which prohibit much of the interstate discrimination that Article IV’s clause was intended to …
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar
Public Interest Law Reporter
No abstract provided.
The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman
The Illinois Eavesdropping Statute: Constitutional Rights Versus Felony Charges, Corinne Koopman
Public Interest Law Reporter
No abstract provided.
Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett
Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett
Loyola University Chicago Law Journal
No abstract provided.
Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper
Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper
Loyola University Chicago Law Journal
No abstract provided.
Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray
Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray
Loyola University Chicago Law Journal
No abstract provided.
The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry
The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry
Loyola University Chicago Law Journal
No abstract provided.
Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle
Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle
Loyola University Chicago Law Journal
No abstract provided.
The Safe Games Illinois Act: Can Curbs On Violent Video Games Survive Constitutional Challenges?, Lorraine M. Buerger
The Safe Games Illinois Act: Can Curbs On Violent Video Games Survive Constitutional Challenges?, Lorraine M. Buerger
Loyola University Chicago Law Journal
No abstract provided.
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Loyola University Chicago Law Journal
No abstract provided.
The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich
The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich
Loyola University Chicago Law Journal
No abstract provided.
The Deconstitutionalization Of Education, Erwin Chemerinksy
The Deconstitutionalization Of Education, Erwin Chemerinksy
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
Loyola University Chicago Law Journal
No abstract provided.
Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser
Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser
Loyola University Chicago Law Journal
No abstract provided.
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan
Loyola University Chicago Law Journal
No abstract provided.
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle
Loyola University Chicago Law Journal
No abstract provided.
Amendments To The Constitution Of The United States: A Commentary, George Anastaplo
Amendments To The Constitution Of The United States: A Commentary, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
Could A Constitutional Amendment Be Unconstitutional? , R. George Wright
Could A Constitutional Amendment Be Unconstitutional? , R. George Wright
Loyola University Chicago Law Journal
No abstract provided.
Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti
Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti
Loyola University Chicago Law Journal
No abstract provided.
People Ex Rel. Daley V. Joyce: Death Knell For The Lockstep Doctrine?, Thomas V. Laprade
People Ex Rel. Daley V. Joyce: Death Knell For The Lockstep Doctrine?, Thomas V. Laprade
Loyola University Chicago Law Journal
No abstract provided.
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, Michael P. Seng
Loyola University Chicago Law Journal
No abstract provided.