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Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco Jan 2018

Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco

The John Marshall Law Review

No abstract provided.


Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham Jan 2018

Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham

The John Marshall Law Review

No abstract provided.


Evader, Avoider, Or None Of The Above? Shedding Light On The Implications Of The Illinois Employee Classification Act On Small Construction Contractors, And Considerations For Their Exemption, 51 J. Marshall L. Rev. 341 (2018), Taso Tsiganos Jan 2018

Evader, Avoider, Or None Of The Above? Shedding Light On The Implications Of The Illinois Employee Classification Act On Small Construction Contractors, And Considerations For Their Exemption, 51 J. Marshall L. Rev. 341 (2018), Taso Tsiganos

The John Marshall Law Review

No abstract provided.


Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller Jan 2015

Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller

The John Marshall Law Review

No abstract provided.


A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber Jan 2015

A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber

The John Marshall Law Review

The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2-619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavits


An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich Jan 2015

An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich

The John Marshall Law Review

On one side of the spectrum, certain courts, such as New York, define gross negligence as conduct that borders intentional wrongdoing. On the other side of the spectrum, courts continue to recognize the degrees of negligence and differentiate between various degrees of care. Between these two approaches, there is inconsistency. For instance, some Illinois decisions equate gross negligence to recklessness, while others define it as nothing more than “very great negligence.” This Article concludes that the latter may be the proper standard relied upon by a majority of the recent decisions interpreting Illinois law, but advocates for a uniform definition ...


The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn Jan 2014

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn

The John Marshall Law Review

This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.


Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill Jan 2014

Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill

The John Marshall Law Review

The Illinois Supreme Court has ironically chosen to make the Illinois Constitution completely insignificant in several areas of constitutional law. It has accomplished this through “the limited lockstep doctrine.” This approach is used to interpret cognate provisions of the U.S. and Illinois Constitutions.


Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney Jan 2014

Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney

The John Marshall Law Review

The issues facing Illinois cities are equally, if not more, important today as in 1970 and will require local leaders to be able to use all governance tools at their disposal. The ability of a municipality to raise revenue is arguably one of the most important expressly granted by home rule. Accordingly, the Stubhub case should be viewed with caution going forward, as it raises the possibility of potentially serious challenges to municipal home rule power in the future. This article, then, will do several things. First, it will give the reader a concise definition and history of the constitutional ...


Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin Jan 2014

Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin

The John Marshall Law Review

No abstract provided.


Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic Jan 2014

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic

The John Marshall Law Review

No abstract provided.


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

The John Marshall Law Review

No abstract provided.


Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven Jan 2014

Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven

The John Marshall Law Review

This Article will show that Kalodimos’s reasoning is deeply flawed and also that developments in the law following that decision demonstrate that it is no longer viable.


Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke Jan 2014

Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke

The John Marshall Law Review

Contrary to the Federal Constitution, almost every state constitution, including Illinois’s, specifically guarantees its citizens’ the right to a free and efficient education provided by the state. This article will advocate for a number of reforms, which will minimize spending disparities across the state, enhance equality in per-pupil funding, and lower overall operating cost.


Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar Jan 2014

Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar

The John Marshall Law Review

This Article reviews not only the Pension Clause’s language and origins, but also the constitutional convention debates discussing it, and relevant court decisions construing the provision. The Article also evaluates the arguments made by legal commentators on behalf of particular stakeholders about whether the Clause allows the legislature to cut the pension benefits of current public employees and retirees as well as other related issues. The Article concludes that the General Assembly cannot unilaterally cut the pension benefits of current employees or retirees as a means to reduce the State’s existing pension liabilities based on the Clause’s ...


Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett Jan 2014

Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett

The John Marshall Law Review

Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.


A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi Jan 2014

A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi

The John Marshall Law Review

Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s ...


Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce Jan 2014

Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce

The John Marshall Law Review

This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.


The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak Jan 2014

The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak

The John Marshall Law Review

This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.


The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller Jan 2013

The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller

The John Marshall Law Review

No abstract provided.


Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins Jan 2013

Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins

The John Marshall Law Review

No abstract provided.


Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013), Margaret Connery Jan 2013

Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013), Margaret Connery

The John Marshall Law Review

No abstract provided.


Corporate Opportunities And The Third Party “Refusal To Deal” Defense: Policy And Practice Lessons From Illinois, 47 J Marshall L. Rev 1 (2013), William Schaller Jan 2013

Corporate Opportunities And The Third Party “Refusal To Deal” Defense: Policy And Practice Lessons From Illinois, 47 J Marshall L. Rev 1 (2013), William Schaller

The John Marshall Law Review

No abstract provided.


Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht Jan 2013

Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht

The John Marshall Law Review

No abstract provided.


Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein Jan 2013

Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein

The John Marshall Law Review

No abstract provided.


When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer Jan 2013

When Do State Laws Determine Erisa Plan Benefit Rights?, 47 J. Marshall L. Rev 145 (2013), Albert Feuer

The John Marshall Law Review

No abstract provided.


Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper Jan 2013

Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper

The John Marshall Law Review

No abstract provided.


Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin Jan 2012

Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin

The John Marshall Law Review

No abstract provided.


The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin Jan 2012

The Quiet Revolution And Federalism: Into The Future, 45 J. Marshall L. Rev. 253 (2012), Patricia E. Salkin

The John Marshall Law Review

No abstract provided.


Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012), Daniel R. Mandelker Jan 2012

Implementing State Growth Management Programs: Alternatives And Recommendations, 45 J. Marshall L. Rev. 307 (2012), Daniel R. Mandelker

The John Marshall Law Review

No abstract provided.