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Loyola University Chicago, School of Law

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Articles 1 - 30 of 4224

Full-Text Articles in Law

Introduction, Jake Gnolfo Jan 2024

Introduction, Jake Gnolfo

Loyola University Chicago Law Journal

No abstract provided.


Eviction Abolition, Larisa G. Bowman Jan 2024

Eviction Abolition, Larisa G. Bowman

Loyola University Chicago Law Journal

This Article contends that today’s eviction crisis in the United States is the civil equivalent of mass incarceration. Eviction, like mass incarceration, is a racialized and gendered system of social control heavily supervised by the state. State court judges order evictions, and law enforcement officers execute them. Eviction’s mechanisms of control are to punish, exploit, and surveil. Some tenants are forcibly removed from their homes as punishment for their poverty, while others pay their last dollar to remain housed. In nuisance and lease violation cases, tenants routinely are subjected to onerous “probationary” terms that place them under heightened surveillance. Low-income, …


Restorative Justice As A Democratic Practice, Daniel S. Mcconkie Jr. Jan 2024

Restorative Justice As A Democratic Practice, Daniel S. Mcconkie Jr.

Loyola University Chicago Law Journal

Our criminal justice system, to be truly democratic, should be more responsive to those most affected by it, and this calls for significant participation from citizens. Unfortunately, the state-centered, professionalized criminal justice system marginalizes citizens at every stage, depriving them of a voice and power. Instead, the system should embody and encourage criminal justice citizenship, which refers to the rights and privileges of ordinary people to participate directly in certain aspects of the criminal justice system and to deliberate in some of its workings. Such citizenship is indispensable to democracy, or rule by the people.

Restorative justice, especially where it …


Table Of Contents, Luc Law Journal Jan 2024

Table Of Contents, Luc Law Journal

Loyola University Chicago Law Journal

No abstract provided.


Foreword, Kathryn Van Sistine Jan 2024

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.


Telehealth Solutions For Black Maternal Health, Katherine "Yenny" Wu Jan 2024

Telehealth Solutions For Black Maternal Health, Katherine "Yenny" Wu

Annals of Health Law and Life Sciences

No abstract provided.


From 1965 To 2023: How Allen V. Milligan Upheld The Voting Rights Act But Failed To Adapt To The Age Of Computers, Rachel E. Dudley Jan 2024

From 1965 To 2023: How Allen V. Milligan Upheld The Voting Rights Act But Failed To Adapt To The Age Of Computers, Rachel E. Dudley

Loyola University Chicago Law Journal

In 1982, Congress amended Section 2 of the Voting Rights Act of 1965 to outlaw voting practices that deprive or abridge minorities’ voting rights on account of race. This amendment outlaws both intentional discrimination and disparate impacts. For the past thirty years, private citizens have used Section 2 to challenge redistricting maps that dilute minority voters’ voices.

In Allen v. Milligan, the Supreme Court protected Section 2 when it held that Alabama’s redistricting map diluted minority voters’ right to vote. The Court rejected Alabama’s proposal for a new test to compare states’ maps to computer-generated redistricting maps that did …


The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore Jan 2024

The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore

Loyola University Chicago Law Journal

In 2022, the Supreme Court was asked the question: May a criminal defendant “open the door” to evidence that it is otherwise inadmissible because of their Sixth Amendment right to confront adversarial witnesses? It is not unheard of that, at trial, a defendant’s attorney makes arguments that prosecutors and judges think will mislead the jury. Many times, these arguments reference evidence that—by evidentiary rule, pretrial ruling, or otherwise—is inadmissible. Trial courts have long been afforded the discretion to measure how much evidence can come through the door a defendant opens by raising these arguments to cure any false impression that …


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2024

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Children's Legal Rights Journal Jan 2024

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


Sorry, Kid, You Have No Rights Here: How Can We Protect Unadjudicated Youth In Private Residential Treatment Facilities From Harmful And Unnecessary Strip Searches?, Amanda Simmons Jan 2024

Sorry, Kid, You Have No Rights Here: How Can We Protect Unadjudicated Youth In Private Residential Treatment Facilities From Harmful And Unnecessary Strip Searches?, Amanda Simmons

Children's Legal Rights Journal

No abstract provided.


The Best Interests Of The Child In Judicial Perspective: Morocco And Chile As Case-Studies (1990-2020), Susana Sanz-Caballero Jan 2024

The Best Interests Of The Child In Judicial Perspective: Morocco And Chile As Case-Studies (1990-2020), Susana Sanz-Caballero

Children's Legal Rights Journal

Is there a common understanding in the judiciary process about what “the child’s best interests” are, regardless of geographic location or legal order? In every nation, when disputes impacting minors arise, judges emerge as the final adjudicators. Judges, as final adjudicators, appear to be in the best possible position to determine a child’s best interests and apply the notion fairly and appropriately. However, the concept of a child’s “best interests” is far from uniform, varying across cultures and individual family dynamics. It is an invaluable exercise to review the national case law of different countries to test whether the concept …


Policing Morality: The Inconsistent Application Of The Moral Fitness And Fitness Factor, Ariana D. Meyers, Gabrielle C. Wolf Jan 2024

Policing Morality: The Inconsistent Application Of The Moral Fitness And Fitness Factor, Ariana D. Meyers, Gabrielle C. Wolf

Children's Legal Rights Journal

No abstract provided.


The Promise Of Pell: Pell Grants For Justice System Involved Youth After The Fafsa Simplification Act, Mary Hornschemeier Bandstra Jan 2024

The Promise Of Pell: Pell Grants For Justice System Involved Youth After The Fafsa Simplification Act, Mary Hornschemeier Bandstra

Children's Legal Rights Journal

No abstract provided.


Corporal Punishment Of Children: A Multinational Comparison Between United States, Canada And Georgia; How The United States Compares To Canada And Georgia, Giana Cacciato Jan 2024

Corporal Punishment Of Children: A Multinational Comparison Between United States, Canada And Georgia; How The United States Compares To Canada And Georgia, Giana Cacciato

Children's Legal Rights Journal

No abstract provided.


Extended Jurisdiction Juvenile Prosecutions: "One Last Chance" Or A False Promise?, Ari Seckler Jan 2024

Extended Jurisdiction Juvenile Prosecutions: "One Last Chance" Or A False Promise?, Ari Seckler

Children's Legal Rights Journal

No abstract provided.


Expanding The Scope Of Practice For Nurse Practitioners And Physician Assistants To Enhance Healthcare, Steve Waxman, James Dechene Jan 2024

Expanding The Scope Of Practice For Nurse Practitioners And Physician Assistants To Enhance Healthcare, Steve Waxman, James Dechene

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2024

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Kathryn Van Sistine Jan 2024

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.


Healthcare Fraud And Abuse: Continued Lessons Learned From High Performing Healthcare Organizations, Julie L. Agris Jan 2024

Healthcare Fraud And Abuse: Continued Lessons Learned From High Performing Healthcare Organizations, Julie L. Agris

Annals of Health Law and Life Sciences

No abstract provided.


Be Careful What You Wish For: An Overreliance On Telemedicine Could Harm Health Equity, Chinelo Diké-Minor Jan 2024

Be Careful What You Wish For: An Overreliance On Telemedicine Could Harm Health Equity, Chinelo Diké-Minor

Annals of Health Law and Life Sciences

No abstract provided.


Fraud And Abuse Law: Missed Opportunities To Enhance Health Equity, Joan H. Krause Jan 2024

Fraud And Abuse Law: Missed Opportunities To Enhance Health Equity, Joan H. Krause

Annals of Health Law and Life Sciences

No abstract provided.


Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis Jan 2024

Protecting Medicaid Providers And Enrollees From Payment Suspensions Based On "Credible Allegations Of Fraud:" A Lesson From New Mexico, Shawn Mathis

Annals of Health Law and Life Sciences

No abstract provided.


Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley Jan 2023

Methadone's Regulatory Thicket, Bridget C.E. Dooling, Laura E. Stanley

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Annals Of Health Law And Life Sciences Jan 2023

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Foreword, Micaela Enger Jan 2023

Foreword, Micaela Enger

Annals of Health Law and Life Sciences

No abstract provided.


Limiting Overall Hospital Costs By Capping Out-Of-Network Rates, David Orentlicher, Kyra Morgan, Barak Richman Jan 2023

Limiting Overall Hospital Costs By Capping Out-Of-Network Rates, David Orentlicher, Kyra Morgan, Barak Richman

Annals of Health Law and Life Sciences

No abstract provided.


Denormalizing Harm To Migrant Children In The U.S. Immigration System: A Comparative Perspective, Sarah J. Diaz, Oneida Vargas Jan 2023

Denormalizing Harm To Migrant Children In The U.S. Immigration System: A Comparative Perspective, Sarah J. Diaz, Oneida Vargas

Children's Legal Rights Journal

No abstract provided.


The Case For The Prohibition Of Corporal Punishment In The U.S., Katie Coyle Jan 2023

The Case For The Prohibition Of Corporal Punishment In The U.S., Katie Coyle

Children's Legal Rights Journal

It is undeniable that the United States ("U.S.") has experienced significant social changes within the past 150 years. Social progress has been made regarding issues related to both race and gender. For example, until the 1870s, men were legally entitled to physically chastise their wives. It was just a decade prior to this that slavery had been abolished. At the root of these issues was the notion that women and people of color were not autonomous holders of rights, but rather were "property" that belonged to their owners or partners. Arguably, one area of U.S. civil rights where this concept …


Moral Injury: The Undiagnosed Epidemic Spread Through The Family Policing System And A Call For Abolition, Leyda M. Garcia-Greenawalt Jan 2023

Moral Injury: The Undiagnosed Epidemic Spread Through The Family Policing System And A Call For Abolition, Leyda M. Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.