Law Commons^™

Foreword, Kathryn Van Sistine

Annals of Health Law and Life Sciences

No abstract provided.

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

Annals of Health Law and Life Sciences

No abstract provided.

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

Annals of Health Law and Life Sciences

No abstract provided.

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

Annals of Health Law and Life Sciences

No abstract provided.

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

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

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

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

Children's Legal Rights Journal

No abstract provided.

Parenting Prison: How Mass Incarceration Of Parents Affects Child Development, Bridget Boland

Children's Legal Rights Journal

No abstract provided.

"We Can't Hear You": A Call For Right To Counsel For Youth In Care, Leyda Garcia-Greenawalt

Children's Legal Rights Journal

No abstract provided.

Protecting Children's Privacy Rights: A Preventative Measure For Suicide Among Children, Abigail Magat

Children's Legal Rights Journal

Article 16 of the United Nations Convention on the Rights of Child (UNCRC) broadly entitles children to protections of their privacy and reputations. Under the UNCRC, nations have pledged to uphold any protections necessary to protect children against such attacks or interference regarding their honor and reputation. Among the 196 member states of this convention, very few have specific legislation dedicated to protecting children's privacy rights. As the cyberworld has increasingly become heavily accessible to children, so has the notion that their reputation and honor revolve around how they are perceived on the internet. Nevertheless, throughout most member states, privacy …

Organizations Behind Ending The Gun Violence Epidemic, Melissa Spero

Children's Legal Rights Journal

No abstract provided.

Is Florida Ready For The Universal School Choice Bill?, Joseline Vargas

Children's Legal Rights Journal

Educational inequities can affect someone's future; school choice is meant to bridge the gap between those that receive a better education and those unable to receive one due to financial hardships to ensure a better future for students. While in numerous occasions school choice is a student's saving grace from a failed system, regulations must be in place to ensure that the people that are being helped by the law are those who need it, not just want it. Florida, following the school choice movement, has introduced the Universal School Choice Bill, which has now been voted in and signed. …

Table Of Contents, Luc International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Membership In An Exclusive Club: International Humanitarian Law Rules As Peremptory International Law Norms, Ata R. Hindi

Loyola University Chicago International Law Review

This paper entertains the somewhat scattered debate as to whether international humanitarian law ("IHL") rules could, and should, be considered peremptory norms of international law. For some time, the "basic rules of IHL" have been found to constitute peremptory norms of international law, with scant identification of those rules. Through a doctrinal analysis, this paper argues that, so long as they meet the Vienna Convention on the Law of Treaties' criteria, IHL rules should be treated as peremptory norms, creating erga omnes obligations for third States. Further, in theory, while the third State (external) obligation to "ensure respect" in IHL …

Comparative Immigration Policies For Unaccompanied Minors: A Shared Challenge, Diana Ramirez

Loyola University Chicago International Law Review

Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the country's immigration system increasingly hostile towards them.

However, this issue is not exclusive to the United States. Unaccompanied minors traveling alone to Europe, Australia, South Africa, Canada, or the United States face similar dangers and are particularly vulnerable to abuse and trafficking. Regardless of jurisdiction, the …

How A Country Plagued With Corruption Leads To Lax Sex Laws For Women, Alexandra Angyalosy

Loyola University Chicago International Law Review

This Comment addresses Romania's failure to statutorily define and prosecute sexual violence perpetrators. Throughout history, women in Romania have found a justice system that fails them due to lax laws, corruption, and negligence by police departments. Specifically, Romanian women who are victims of sexual violence, domestic violence, and forced prostitution are often unable to report their crimes, attain proper counseling, and get justice against their abusers. Since the Romanian Revolution, the country has struggled with corruption and human trafficking and has become a major European hub for prostitution. The lack of adequate and appropriate laws needed to protect women, specifically …

European Court Of Human Rights' Ruling In Georgia V. Russia (Ii) And Its Application To The Current Crisis In Ukraine, Edward N. Cain

Loyola University Chicago International Law Review

Georgia v Russia (II) represents an important decision in the European Court of Human Rights case law. The Court sets out an important interpretation of Article 1 of the European Convention on Human Rights regarding the jurisdiction of signatory parties during times of invasion and war. The Court articulated that during active hostilities, there is no positive or negative obligation on the invading country to uphold or defend the human rights of the civilians of the invaded country. This is because they do not have effective control over the local population due to the dynamic nature of war. This precedent …

Qatar V. Uae-- The Weight Of Words, Samantha H. Hughes

Loyola University Chicago International Law Review

In 2021, the International Court of Justice decided, in Qatar v. United Arab Emirates, that the term "national origin" does not include current nationality as used in the International Convention on the Elimination of all Forms of Racial Discrimination ("CERD"). While the Court's decision is supported by various legal arguments, the majority's approach seems to stray from practices regarding interpreting ambiguous terms, and is contradictory to some of its earlier opinions. This Note uses CERD, other International Court of Justice opinions, and the dissenting opinions to the Qatar v. United Arab Emirates decision to critically analyze the strength of …

Independent And Overlapping: Institutional Religious Freedom And Religious Providers Of Social Services, Kathleen A. Brady

Loyola University Chicago Law Journal

Roughly two decades ago, scholarly interest in the limits of government involvement in religious institutions exploded. Scholars explored distinctions between the spiritual and temporal dimensions of human activity and identified numerous individual, social, spiritual and civic goods associated with independent religious groups. From these foundations, they defined and refined areas of protection and immunity from government intervention. A shared premise of much of this work was that religious matters belong to religious believers and their institutions, and that the internal governance and operations of these institutions must be kept from state interference. In 2012, this scholarship bore fruit when the …

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 …

Locating Free-Exercise Most-Favored-Nation-Status (Mfn) Reasoning In Constitutional Context, Alan E. Brownstein, Vikram David Amar

Loyola University Chicago Law Journal

This Article examines the theoretical and doctrinal origins and consequences of a potentially game-changing approach to processing claims brought under the Free Exercise Clause of the First Amendment. Since 1990, and the decision in Employment Division v. Smith, the Court has read that Clause not to require accommodation of religious activity via exemptions from religion-neutral and generally applicable laws and regulations. What the Free Exercise Clause does prohibit, according to Smith, is government action targeting or discriminating against religion. But the Court’s decision a year ago in Tandon v. Newsom provides some powerful evidence about how this doctrine …

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern

Loyola University Chicago Law Journal

Professor Shai Stern of Bar Ilan University in Israel analyzes the Court’s decision and argues that its approach not only denies a previously recognized constitutional right, but also opens the door for the challenge to other recognized rights. In addition, Professor Stern highlights the Court’s own delegitimization and contribution to rising political polarization.

Razing & Rebuilding Delinquency Courts: Demolishing The Flawed Philosophical Foundation Of Parens Patriae, Eduardo R. Ferrer

Loyola University Chicago Law Journal

Professor Eduardo R. Ferrer of Georgetown University explores the history and background of the juvenile delinquent system in the United States. Professor Ferrer argues that the philosophical underpinnings of our legal youth systems, under the concept of parens patriae, have led to failure with regard to how states care for children that come under their control—and ultimately need to be abandoned in favor of a more effective and just system.

When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan

Loyola University Chicago Law Journal

This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …