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Full-Text Articles in Law

In Practice But Not In Name: The Futility Of The Thirteenth Amendment In Protecting Against Forced Labor In Correctional Facilities And Detention Centers In The U.S., 55 Uic L. Rev. 549 (2022), Holly Etheridge Jan 2022

In Practice But Not In Name: The Futility Of The Thirteenth Amendment In Protecting Against Forced Labor In Correctional Facilities And Detention Centers In The U.S., 55 Uic L. Rev. 549 (2022), Holly Etheridge

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.


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.


A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle Jan 2021

A Hallmark Of Injustice: Illinois Sentencing Regulations Fail Defendants And The Judicial System, 53 Uic J. Marshall L. Rev. 1009 (2021), Allison Trendle

UIC Law Review

No abstract provided.


Buried Alive: The Need To Establish Clear Durational Standards For Solitary Confinement, 53 Uic J. Marshall L. Rev. 235 (2020), Ruth Chan Jan 2020

Buried Alive: The Need To Establish Clear Durational Standards For Solitary Confinement, 53 Uic J. Marshall L. Rev. 235 (2020), Ruth Chan

UIC Law Review

No abstract provided.


The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020), Cece White Jan 2020

The Sativas And Indicas Of Proof: Why The Smell Of Marijuana Should Not Establish Probable Cause For A Warrantless Vehicle Search In Illinois, 53 Uic J. Marshall L. Rev. 187 (2020), Cece White

UIC Law Review

No abstract provided.


Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones Jan 2018

Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

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 …


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

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.


Polarizing Procedures: Transsexual Inmates, Sex Reassignment Surgery, And The Eighth Amendment, 50 J. Marshall L. Rev. 747 (2017), Jameson Rammell Jan 2017

Polarizing Procedures: Transsexual Inmates, Sex Reassignment Surgery, And The Eighth Amendment, 50 J. Marshall L. Rev. 747 (2017), Jameson Rammell

UIC Law Review

This article argues that at present, there is not sufficient certainty within the medical and scientific communities to definitively state that SRS is medically necessary for transsexual individuals, or that it effectively relieves the negative symptoms often associated with gender dysphoria. Because the Supreme Court has held that the Eighth Amendment does not require prison officials to provide the most cutting-edge treatments available, but only an adequate level of treatment, it is not a violation of the Eighth Amendment to deny a transsexual inmate’s request for SRS. Part I explores the medical and scientific communities’ current understanding of gender dysphoria, …


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".


Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey Jan 2016

Rise Of The Mosaic Theory: Implications For Cell Site Location Tracking By Law Enforcement, 32 J. Marshall J. Info. Tech. & Privacy L. 236 (2016), Lance Selva, William Shulman, Robert Rumsey

UIC John Marshall Journal of Information Technology & Privacy Law

The authors examine the unique legal and privacy implications that cell site location information tracking by law enforcement poses for current Fourth Amendment jurisprudence. Following a brief explanation of how cell phone tracking works, their discussion is directed to the concept of privacy under the Fourth Amendment both prior to and following the seminal Supreme Court decision of Katz v. United States (1967), including a review of the Supreme Court’s historical treatment of tracking devices post-Katz. Consideration is then directed to the United States. v. Maynard (2010) decision, where the court employed the “mosaic” theory in a Fourth …


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.


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 …


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

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.


The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon Jan 2015

The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon

UIC Law Review

No abstract provided.


Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt Jan 2015

Read, White, And Blue: Prosecutors Reading Inmate Emails And The Attorney-Client Privilege, 48 J. Marshall L. Rev. 1119 (2015), Danielle Burkhardt

UIC Law Review

This Comment addresses whether the attorney-client privilege should extend to emails exchanged between an inmate and his or her attorney over TRULINCS, the prison email system. Section II describes the history of the attorney-client privilege, and compares and contrasts the federal privilege with the New York state privilege in order to directly address Dr. Ahmed’s conflict. Section III juxtaposes other forms of privileged attorney-client contact with inmate emailing, and discusses the confidentiality agreement provided through the prison email system, TRULINCS. Finally, Section IV proposes a fiscally responsible, efficient, and convenient solution to the possible extension of the attorney-client privilege to …


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

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 …


More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak Jan 2014

More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak

UIC Law Review

No abstract provided.


Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes Jan 2011

Following You Here, There, And Everywhere; An Investigation Of Gps Technology, Privacy, And The Fourth Amendment, 45 J. Marshall L. Rev. 1 (2011), Stephanie G. Forbes

UIC Law Review

No abstract provided.


Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton Jan 2010

Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton

UIC Law Review

No abstract provided.


Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl Jan 2010

Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl

UIC Law Review

No abstract provided.


How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona Jan 2010

How Far Can The Automobile Exception Go? How Searches Of Computers And Similar Devices Push It To The Limit, 43 J. Marshall L. Rev. 1119 (2010), Andrew Wrona

UIC Law Review

No abstract provided.


The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel Jan 2010

The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel

UIC Law Review

No abstract provided.


Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill Jan 2009

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer Jan 2008

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.


Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys Jan 2006

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.


Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang Jan 2006

Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang

UIC Law Review

No abstract provided.


American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley Jan 2005

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.


An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy Jan 2005

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.