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Full-Text Articles in Law
Bridging The Gap Between Immigration Detainment And Parental Rights: A Constitutional Consideration Of Migrant Children Separation, Kelsey Burge
Northern Illinois Law Review Supplement
Federal immigration law does not completely comport with state family law because some federal legislation, such as the Adoption and Safe Families Act (ASFA), requires states to initiate parental custody proceedings due to children being separated from their parents for a statutorily defined period, even when parents are detained in immigration centers with very uncertain timelines. Parental custody proceedings involve factors that each state has authority to enact evaluating parental fitness; however, the factors may be implicitly or explicitly biased toward migrant parents, resulting in migrant parental custody being terminated unfairly. While Trump's zero-tolerance policy enacted in 2018 sparked outrage …
Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Lost In Translation: Persons With Limited English Proficiency And Police Interaction In The United States, Anastasia Coppersmith
Northern Illinois Law Review Supplement
This article explores United States jurisprudence of the constitutionality of language rights as it correlates to communications between law enforcement officials and non-English speaking persons in emergency situations. The judicial and legislative bodies provide protections to limited English speaking minorities in the realms of education, healthcare, and when navigating through the United States court system. However, these protections are not extended to include interactions between language-minority citizens and initial police interactions during emergency situations.
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Vol. 8 No. 1, Fall 2016; Respite For Tantalus: Illinois’S Sexually Violent Persons Commitment Act – Due Process In (In)Action, Brian E. Wilson
Northern Illinois Law Review Supplement
Under current Illinois law, criminals who have been adjudicated guilty of committing certain types of sex offenses can, at any point during their incarceration, be involuntarily committed indefinitely. They are sent to the Treatment and Detention Facility in Rushville, Illinois, where they are to undergo treatment for various disorders, and are not released until the Department of Human Services determines they no longer present a danger of re-offending. While this is the intent of the law, in practice this secondary commitment is violating these offenders' Due Process rights. This Comment examines the Sexually Violent Persons Commitment Act in Illinois; its …
Vol. 4 No. 1, Fall 2012; Illinois's Drug-Induced Homicide Statute: Injecting Some Sense Into A Misinterpreted Law, Seth Mcclure
Vol. 4 No. 1, Fall 2012; Illinois's Drug-Induced Homicide Statute: Injecting Some Sense Into A Misinterpreted Law, Seth Mcclure
Northern Illinois Law Review Supplement
In 1988, Illinois went on the offensive in the War on Drugs by creating the Drug-Induced Homicide Statute. In essence, this statute creates increased punishment beyond normal drug trafficking penalties when a person delivers drugs to another person and, as a result of that delivery, somebody dies. For twenty years, the law remained mostly dormant, only being charged and prosecuted in a handful of cases. In a new push to fight drug-related deaths across Illinois over the last few years, prosecutors have dusted off the old law and vastly increased the number of drug-induced homicide charges. As these charges become …
Vol. 3 No. 1, Fall 2011; “If You Could Say It In Words, There’D Be No Reason To Paint”: Recovering Beloved Works Of Art Through Civil Forfeiture, Patricia Ruiz
Northern Illinois Law Review Supplement
This Comment analyzes the benefits of the use of civil forfeiture on pieces of art and cultural property looted by the Nazi party during World War II. This Comment begins by discussing the barriers to repossession that claimants face in seeking traditional civil and criminal remedies. Then, this Comment explains the civil forfeiture process and how it applies to situations of Nazi-looted art. Finally, this Comment argues that civil forfeiture offers the best protection of original owners' rights by discussing the benefits of civil forfeiture proceedings, the due process objections against the use of civil forfeiture on Nazi-looted art, and …
Vol. 1 No. 2, Spring 2010; Iraq Veterans' War With The U.S. Department Of Veterans Affairs: Post Traumatic Stress Disorder Claims Under A Procedural Due Process Analysis, Purvi Shah
Northern Illinois Law Review Supplement
This Comment explores the Department of Veterans Affairs and its current disability compensation and medical care systems for soldiers who have returned from the War on Terror with mental health disabilities, such as post traumatic stress disorder. More specifically, this Comment analyzes two assertions made by veterans groups — Veterans United for Truth and Veterans for Common Sense — against the VA: (1) there is a lack of neutral decision-makers for veterans who would like to appeal their compensation amount , and (2) there is a lack of an additional procedure allowing a veteran with a mental health emergency to …