Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr. Nov 2016

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Table of Contents, Volume 1, Issue 1, 2016, Dignity: A Journal on Sexual Exploitation and Violence.


Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin Nov 2016

Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin

Ann M. Lousin

No abstract provided.


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect women working in bars …


Stare Decisis As Judicial Doctrine, Randy J. Kozel Aug 2016

Stare Decisis As Judicial Doctrine, Randy J. Kozel

Randy J Kozel

Stare decisis has been called many things, among them a principle of policy, a series of prudential and pragmatic considerations, and simply the preferred course. Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts.

This Article examines stare decisis as applied by the U.S. Supreme Court, our nation’s highest doctrinal authority. A review of the Court’s jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable factors …


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Jul 2016

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.


The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger Jul 2016

The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger

Benjamin L. Berger

Certain academic commentators and Canadian courts have announced the death of the rule in Hodge's Case. The author challenges this proclamation of death, observing that Hodge's rule is a particular manifestation of the epistemology that informs our law of evidence. He argues not only that the rule is doctrinally intact, but that the principles and spirit that animate Hodge's rule have broad influence in our law of evidence and have utility in the appellate review of unreasonable verdicts. Hodge's rule, Hodge-like reasoning, and the associated epistemology, are alive and well in Canada.


Ri Should Target Sex Buyers, Donna M. Hughes Dr. May 2016

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

Men who buy sex----and they are only a small minority of men---are responsible for the crime of sex trafficking continuing to thrive. When sex traffickers find victims and coerce them into prostitution, they are serving the sex buyers, who pay them well for finding and marketing the victims to them.

For years, analysts have studied sex trafficking to determine the best way to combat this modern form of slavery. Today, a consensus is forming among advocates and law enforcement that to combat sex trafficking, the focus has to be on men who buy sex as much as on the pimps …


Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez Jan 2016

Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez

Manuel A. Gómez

Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan Dec 2015

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple with …


Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan Dec 2015

Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan

Donald J. Kochan

The land one holds is generally only as good as the property rights contained in the deed.
The rights contained in the deed are only as good as the ability to get those rights enforced.
And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from
the point of conveyance. This Article pens the term “determinacy norm” to explain a collection
of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.
I contend that, in order to satisfy the determinacy norm for deed interpretation,
courts must (and …