Law Commons^™

How To Protect Daca & Dreamers After The United States Supreme Court’S Decision In Department Of Homeland Security V. Regents Of The University Of California, 54 Uic L. Rev. 1037 (2021), Megan Moleski

UIC Law Review

No abstract provided.

Has President Trump Committed A War Crime By Pardoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020), Stuart Ford

UIC Law Open Access Faculty Scholarship

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.

UIC Law White Papers

No abstract provided.

Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila A.

UIC Law White Papers

The IHRC has investigated the human rights abuses arising out of the environmental injustices imposed on communities in the southern municipalities of Puerto Rico that represent violations of international human rights, and specifically of the International Covenant on Civil and Political Rights (“ICCPR”). Since 1994, Applied Energy Systems (“AES”), a private American energy company, has been responsible for continued coal ash contamination of the southern coastal region of Puerto Rico.[i] AES coal-fired power plants in Puerto Rico have released toxic amounts of coal ash into the air and water, negatively impacting air quality and drinking water for residents in …

They Hate U.S. For Our War Crimes: An Argument For U.S. Ratification Of The Rome Statute In Light Of The Post-Human Rights Era, 53 Uic J. Marshall. L. Rev. 1011 (2019), Michael Drake

UIC Law Review

No abstract provided.

Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop

UIC Law Review

No abstract provided.

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

UIC Law Review

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, 15 J. Marshall Rev. Intell. Prop. L. 522 (2016), Sarah Dávila-Ruhaak

UIC Review of Intellectual Property Law

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila A., Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

UIC Law White Papers

1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world.

2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other …

Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz, John Marshall Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Thinking Globally, Policing Locally: A Model For Decentralized Law Enforcement In Cote D'Ivoire, 15 J. Int'l Bus. & L. 15 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

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 …

Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.

Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

National Insecurity: The National Defense Authorization Act, The Indefinite Detention Of American Citizens, And A Call For Heightened Judicial Scrutiny, 49 J. Marshall L. Rev. 69 (2015), Harvey Gee

UIC Law Review

This essay outlines the problems posed by the National Defense Authorization Act of 2012 (“NDAA”) and interprets the Act’s language to answer the question of: whether American citizens can be indefinitely detained under the NDAA?

First Amendment Right To Record Police: When Clearly Established Is Not Clear Enough, 49 J. Marshall L. Rev. 101 (2015), Matthew Slaughter

UIC Law Review

First Amendment jurisprudence supports the recognized right to film police activity as articulated by the circuits. Some commenting circuits have held the right is clearly established, while others have declined to extend their holdings so far. Practically, citizens are restrained from freely exercising their right to film police activity in public even in circuits that have found the right clearly established. Because reasonable restrictions have not yet been clearly articulated, such uncertainty will inevitably lead to a chilling effect on the otherwise protected activity. A national standard should affirmatively memorialize such a right, as well as articulate objective reasonable restrictions …

Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan, John Marshall Law School International Human Rights Clinic

UIC Law White Papers

This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …

Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay makes what some might consider a bold and novel assertion. Relying on fact-based analysis of present day social conditions, it argues that the female-oppression-male-culprit paradigm is antiquated and injurious to both men and women. It claims that existing conceptions of American society in which the vast majority of the nation's men and boys are victimless and empowered, and the core of the nation's women and girls are victims and disempowered, cannot be fundamentally or morally justified. It will demonstrate that today's regimented imperative for addressing gender discrimination and social injustice by allocating legal rights and entitlements exclusively to …

The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

Virtually no academic or media attention has been dedicated to female traffickers, or female delinquency, in general. Human trafficking, like other crimes, has been myopically constructed, marketed, and viewed through news reports, cinema, literature, and criminal statutes as a heinous male-perpetrated offense against women and girls, rendering the female trafficker practically invisible. This essay questions the soundness and viability of continued reliance on the female victim-male culprit paradigm, used by many countries to prevent human trafficking. It confronts contemporary assumptions about femininity, violence, and aggression, calling particular attention to American cultural suppositions about femaleness that have detrimentally influenced our capacity …

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …

U.S. Immigration And Custom Enforcement’S New Directive On Segregation: Why We Need Further Protections (2014), John Marshall International Human Rights Clinic

UIC Law White Papers

This report addresses the U.S. Immigration and Customs Enforcement’s (ICE) September 2013 directive concerning the use of segregation and why it does not provide sufficient protection to detainees. It specifically addresses the changes the directive makes in the use of segregation, the identification of individuals with special vulnerabilities, the review process of detainees in segregation, and the reporting procedures required of detention facilities. This report examines previous attempts to implement immigrant detention standards and sheds light on current practices by detention facilities throughout the United States in relation to their use of solitary confinement. It recommends that ICE should strictly …

Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

UIC Law White Papers

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …

A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014), Adam Houston

UIC Review of Intellectual Property Law

For years, there has been vigorous debate over the relationship between intellectual property and health, especially in the context of pharmaceutical patents. Despite numerous attempts to strike a balance between innovation and access, however, few have looked to Article 27 of the Universal Declaration of Human Rights for guidance. Article 27, and its further elaboration and codification under Article 15 of the International Covenant on Economic, Social, and Cultural Rights, explicitly address this balance by pairing the right of everyone “to share in scientific advancement and its benefits” with a similarly universal right of authors to “material interests resulting” from …

3(D) View Of India’S Patent Law: Social Justice Aspiration Meets Property Rights In Novartis V. Union Of India & Others, 13 J. Marshall Rev. Intell. Prop. L. 719 (2014), Saby Ghoshray

UIC Review of Intellectual Property Law

Not many constitutional decisions from developing countries find themselves at the center of global debate like the Indian Supreme Court’s Novartis decision invalidating the Gleevec patent. The patent was invalidated under amended Section 3(d) of the Indian Patents Act, which was amended to address some of the concerns of imbalance between the maximalist and minimalist cultures in the pharmaceutical context. Section 3(d) of the Indian Patent Act introduced a new threshold of patent eligibility for pharmaceutical innovation that requires applicants to demonstrate enhanced efficacy of their products. The objective of this Article is to get beyond the reactionary reviews of …

Ice's New Policy On Segregation And The Continuing Use Of Solitary Confinement Within The Context Of International Human Rights, 47 J. Marshall L. Rev. 1433 (2014), Sarah Dávila A.

UIC Law Review

The purpose of this essay is to discuss ICE Policy 11065.1 on segregation, its deficiencies and its unlikely full implementation, and emphasize that the current use of solitary confinement in immigration detention is in contravention of international human rights principles.

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn

UIC Law White Papers

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …

“Cyberanarchy” In The Digital Age: Developing A System Of Human (Copy)Rights, 12 J. Marshall Rev. Intell. Prop. L. 424 (2013), Michael L. Boyle

UIC Review of Intellectual Property Law

“Cyberanarchy,” broadly refers to the idea that legal regulation of the Internet is an infeasible objective. One prime example is current online enforcement mechanisms’ inability to quell copyright infringement. These mechanisms do little more than perpetuate a technological arms race between copyright holders and infringers. Moreover, with notable public relations failures, such as the RIAA lawsuits and digital rights management schemes, society has taken on a nonchalant attitude towards online infringement. Examining traditional justifications behind obedience to the law, this blasé attitude takes root in societal feelings of inadequacy both in “normative” and “instrumental” perspectives of justice. Normatively, there lacks …