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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 …
In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant, Jennifer Fox
In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant, Jennifer Fox
Children's Legal Rights Journal
No abstract provided.
In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young
Children's Legal Rights Journal
No abstract provided.
Threats And Bullying By Prosecutors, Bennett L. Gershman
Threats And Bullying By Prosecutors, Bennett L. Gershman
Loyola University Chicago Law Journal
No abstract provided.
The Law And Economics Of Stop-And-Frisk, David Abrams
The Law And Economics Of Stop-And-Frisk, David Abrams
Loyola University Chicago Law Journal
The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of stop-and-frisk, and suggests some ways forward and areas of exploration for future research
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Loyola University Chicago Law Journal
Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
Loyola University Chicago Law Journal
No abstract provided.
Skepticism About Deterrence, Thomas S. Ulen
Skepticism About Deterrence, Thomas S. Ulen
Loyola University Chicago Law Journal
In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …
The Economic Perspective On Sentencing, Joshua B. Fischman
The Economic Perspective On Sentencing, Joshua B. Fischman
Loyola University Chicago Law Journal
Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …
Breaking Through The Courtroom Door: Reexamining The Illinois Supreme Court’S Public Education Finance Cases, Nicholas Infusino
Breaking Through The Courtroom Door: Reexamining The Illinois Supreme Court’S Public Education Finance Cases, Nicholas Infusino
Children's Legal Rights Journal
No abstract provided.
Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar
Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar
Children's Legal Rights Journal
No abstract provided.
A Legal Team Of One: Pro Se Divorce In Cook County, Margaret Davis
A Legal Team Of One: Pro Se Divorce In Cook County, Margaret Davis
Public Interest Law Reporter
No abstract provided.
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher
Loyola University Chicago Law Journal
No abstract provided.
Statistically Speaking: Distinguishing Misinformation From Effective Intervention In The Court System’S Treatment Of Ptsd-Affected Juvenile Sex Offenders, Kathryn Huber
Children's Legal Rights Journal
No abstract provided.
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm
Public Interest Law Reporter
No abstract provided.
Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy
Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy
Public Interest Law Reporter
No abstract provided.
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta
Public Interest Law Reporter
No abstract provided.
Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi
Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi
Public Interest Law Reporter
No abstract provided.
Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton
Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton
Public Interest Law Reporter
No abstract provided.
The Benefits Of Socially Supportive Interviewing For Child Eyewitnesses, Bette L. Bottoms Ph.D.
The Benefits Of Socially Supportive Interviewing For Child Eyewitnesses, Bette L. Bottoms Ph.D.
Public Interest Law Reporter
No abstract provided.
In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea
In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea
Public Interest Law Reporter
No abstract provided.
The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D.
The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D.
Public Interest Law Reporter
No abstract provided.
Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass
Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass
Public Interest Law Reporter
No abstract provided.
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Loyola University Chicago Law Journal
No abstract provided.
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Loyola University Chicago Law Journal
No abstract provided.
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Loyola University Chicago Law Journal
No abstract provided.
What Does It Mean To Remain Silent?, Alexis Reed
What Does It Mean To Remain Silent?, Alexis Reed
Public Interest Law Reporter
No abstract provided.
Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi
Islamic Court Sentences Nigerian Woman To Death By Stoning, Esther Choi
Public Interest Law Reporter
No abstract provided.
Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix
Illinois Appellate Court Bars Child Support Ordered From Supplemental Security Income, Jeremy Nix
Public Interest Law Reporter
No abstract provided.
Illinois Courts: Vital Developers Of Tort Law As Constitutional Vanguards, Statutory Interpreters, And Common Law Adjudicators, Philip H. Corboy, Curt N. Rodin, Susan J. Schwartz
Illinois Courts: Vital Developers Of Tort Law As Constitutional Vanguards, Statutory Interpreters, And Common Law Adjudicators, Philip H. Corboy, Curt N. Rodin, Susan J. Schwartz
Loyola University Chicago Law Journal
No abstract provided.