Law Commons^™

Are Illinois Courts Still Champions Of Fiduciary Duties?, Charles W. Murdock, Michael Huiras

Loyola University Chicago Law Journal

Illinois courts have departed from the corporate-law jurisprudence that traditionally served as a champion of fiduciary duties. Historically, Illinois courts have consistently protected minority shareholders and punished directors and those in control for engaging in unfaithful, abusive, and deceitful behavior. In recent years, however, the Illinois Supreme Court has taken a technical approach to fiduciary duties, resulting in wrongdoers getting away with unconscionable conduct. First, this Article will demonstrate why Illinois has historically been characterized as a “shareholder” state by comparing the Illinois and Delaware corporate statutes and examining Illinois courts’ favorable fiduciary duty jurisprudence. In the latter half of …

’It Is Time To End This Madness’: Why The Protect Illinois Communities Act Is Constitutional Under The Second Amendment, Kellie Kleitsch

Loyola University Chicago Law Journal

The United States is plagued by an epidemic of gun violence. In particular, mass public shootings, perpetrated by gunmen armed with assault weapons, have risen exponentially since the Supreme Court found that the Second Amendment protected an individual’s right to bear arms in 2008 and 2010. In an attempt to stem the rising tide of bloodshed, states have passed legislation banning assault weapons within their borders. After a horrific shooting at a local Fourth of July parade in 2022, Illinois became the ninth state to enact a such a ban. However, this ban immediately faced challenges under New York State …

Rodriguez At Fifty: Lessons Learned On The Road To A Right To A High-Quality Education For All Students, Kimberly Jenkins Robinson

Loyola University Chicago Law Journal

No abstract provided.

And On The Third Wave: Using Intersectionality To Resurrect Heightened Scrutiny In Public Education Litigation, Chris Chambers Goodman

Loyola University Chicago Law Journal

This Symposium marks the fiftieth anniversary of San Antonio Independent School District v. Rodriguez, and seeks to address how society could have been different if the Supreme Court had recognized education as a fundamental right. It also considers how the lack of a fundamental right to education may have led to the under-education of our population and may be linked to other issues like economic inequality and the shifting landscape of fundamental rights.

This Article focuses on the ties between race and socioeconomic status in public school K–12 education. It analyzes the impact of the Rodriguez holding that education …

A Law & Macroeconomics Critique Of San Antonio Independent School District V. Rodriguez, Steven A. Ramirez

Loyola University Chicago Law Journal

Fifty years ago, the Supreme Court decided, in San Antonio Independent School District v. Rodriguez, to permit states to provide dramatically disparate funding for childhood education from district to district, thereby concretizing and propagating racial and economic inequality indefinitely. This Article shows that this decision entails staggering macroeconomic costs, undermines human development in the United States, and has hindered the government from promoting general welfare, domestic tranquility, and common defense. The opinion pursued the political objectives of the Southern Strategy and does not rest upon a legitimate exercise of judicial power. Rodriguez furthers the replication of our nation’s racial …

Families, Schools, And Religious Freedom, Helen M. Alvaré

Loyola University Chicago Law Journal

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …

San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow

Loyola University Chicago Law Journal

When the Supreme Court of the United States decided San Antonio Independent School District v. Rodriguez, the Court’s five-to-four decision not only closed the door to federal courts to predominantly Mexican American low-income students seeking constitutional protection against unequal public education; it also rejected claims of federal constitutional right to equal educational opportunity, rebuffed calls for heightened judicial scrutiny of classifications drawn on the basis of wealth or poverty, and let stand unaltered school finance arrangements producing different per pupil expenditures depending solely on where students live. Setbacks though can inspire. Faced with the decision in Rodriguez, advocates …

Introduction To Issue Two, Jack Hynes

Loyola University Chicago Law Journal

No abstract provided.

Just Because It's Legal Doesn't Mean You Can Do It: The Legality Of Employee Eavesdropping And Illinois Workplace Recording Policies, Michael J. Gibson

Loyola University Chicago Law Journal

In March 2014, in People v. Clark and People v. Melongo the Illinois Supreme Court held unconstitutional a large portion of the Illinois Eavesdropping Act (“IEA”), one of the nation’s strictest criminal eavesdropping statutes. However, on December 30, 2014, outgoing Governor Pat Quinn signed into law a new eavesdropping statute remedying what Clark and Melongo deemed unconstitutional. Prior to 2014, under the IEA, if employers caught employees recording conversations at work, the employer hardly needed a justification for employee discipline or discharge: the employee was violating the law. Thus, Clark, Melongo, and the December changes to the IEA raise questions …

Legislative Update: Michigan Joins Majority Of States Allowing Driver's Licenses For Immigrants Who Are Lawfully Present Under Dada, Erin Wenger

Children's Legal Rights Journal

No abstract provided.

Sex Trafficking Of Minors In The United States: State Legislative Response Models, Elizabeth Lamura

Children's Legal Rights Journal

No abstract provided.

Class Actions And State Authority, Samuel Issacharoff

Loyola University Chicago Law Journal

As experiments with class actions spread to more distant shores, especially in countries of civil law backgrounds, a recurring question arises: what is the relation of the private class action to the customary regulatory power of the state? The response offered here is that, in fact, the class action stands in three different postures to state authority: as a direct challenge, as a complement, and as a rival. Recent class action cases in the U.S. are analyzed to examine these three functions and to give a distinct justification for each. At bottom, each justification turns on a contested commitment to …

"Perrymandering": A New Redistricting Plan In Texas Impacts The Latino Vote, Norma E. Loza

Public Interest Law Reporter

No abstract provided.

"Save Our State" Amendment: Dead On Arrival, Ismael T. Salam

Public Interest Law Reporter

No abstract provided.

Opponents Of Private School Voucher Programs Litigate At State Level: Florida Supreme Court Decides Ford V. Browning, Nigel D. Graham

Public Interest Law Reporter

No abstract provided.

Texas Defies President Bush, International Law By Executing Mexican National , Clay Rehrig

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

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.

Public Interest Law Reporter

No abstract provided.

Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass

Public Interest Law Reporter

No abstract provided.

Federal And State Laws Improve Sex Offender Registry, Andrea Binion

Public Interest Law Reporter

No abstract provided.

Chicago City Council Opposes Patriot Act, Andrew Dougherty

Public Interest Law Reporter

No abstract provided.

Congress Considers Bill To Provide In-State Tuition To Immigrant Children, John Anderson

Public Interest Law Reporter

No abstract provided.

Former Health Commissioner Indicted Under California Law Criminalizing Hiv Transmission, Michelle Lammers

Public Interest Law Reporter

No abstract provided.

If It Ain't Broke, Fix It?: Assessing The Impact Of Klaeren V. Lisle On Illinois Zoning Law, Victor P. Filippini Jr., Barbara A. Adams, Elliot M. Regenstein

Public Interest Law Reporter

No abstract provided.

Blanket Clemency For Illinois Death Row Inmates, Kevin J. Mccloskey

Public Interest Law Reporter

No abstract provided.

Home Rule Hits The Road In Illinois: American Telephone And Telegraph Co. V. Village Of Arlington Heights, Elizabeth A. Fegan

Loyola University Chicago Law Journal

No abstract provided.

Social Investing, Iolta And The Law Of Trusts: The Settlor's Case Against The Political Use Of Charitable And Client Funds, Charles E. Rounds Jr.

Loyola University Chicago Law Journal

No abstract provided.

Confrontation At Capital Sentencing Hearings: Illinois Violates The Federal Constitution By Permitting Juries To Sentence Defendants To Death On The Basis Of Ordinarily Inadmissible Hearsay, Mark Silverstein

Loyola University Chicago Law Journal

No abstract provided.

State And Local Government, Richard Troy, Theresa Fehringer

Loyola University Chicago Law Journal

No abstract provided.