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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Loyola University Chicago, School of Law (22)
- Selected Works (13)
- SelectedWorks (9)
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- Civil Rights and Discrimination (11)
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- Public Interest Law Reporter (22)
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Articles 31 - 60 of 69
Full-Text Articles in Civil Rights and Discrimination
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
Ursula Bentele
Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the petitioners …
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele
Ursula Bentele
Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the petitioners …
Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore
Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore
Janet Moore
A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems are disproportionately poor people and people of color with little voice in creating or implementing the governing law. A stark example is the Sixth Amendment right to choose a lawyer. This understudied and undertheorized right is protected for criminal defendants who can afford to hire counsel. Yet according to Supreme Court dicta and rulings by other courts across the country, poor people “have no right to choose” their lawyers. This Article argues that the Sixth Amendment right to choose should apply to the overwhelming majority …
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing
Ira K Rushing
With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions. This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Make Them Hear You: Participatory Defense And The Struggle For Criminal Justice Reform, Janet Moore, Marla Sandys, Raj Jayadev
Faculty Articles and Other Publications
This Article introduces participatory defense as a powerful new model for improving public defense and challenging mass incarceration. This grassroots movement empowers the key stakeholders — people who face criminal charges, their families, and their communities — to become change agents who force greater transparency, accountability, and fairness from criminal justice systems. After introducing the model’s core principles and goals, the Article offers innovative analyses from doctrinal, theoretical and empirical perspectives. First, the Article connects participatory defense with the crisis-ridden history of the constitutional right to counsel, including that doctrine’s roots in the Due Process right to be heard. Second, …
Against Professing: Practicing Critical Criminal Procedure, Mae Quinn
Against Professing: Practicing Critical Criminal Procedure, Mae Quinn
Journal Articles
No abstract provided.
Just Between Yoo And He: Two Justice Department Lawyers' Imaginary Torturous Email, Stephen A. Rosenbaum
Just Between Yoo And He: Two Justice Department Lawyers' Imaginary Torturous Email, Stephen A. Rosenbaum
Publications
On December 9, 2014, the U.S. Senate Select Committee on Intelligence released its long-awaited Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, which The New York Times described as “a portrait of depravity that is hard to comprehend and even harder to stomach.” The Times had reported four years earlier that a number of Department of Justice (DoJ) emails were determined to be missing during the Office of Professional Responsibility's investigation of the Bush Administration memoranda providing legal justification for “enhanced interrogations,” the so-called torture memos. What follows is an imaginary exchange of emails between two young …
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
Public Interest Law Reporter
No abstract provided.
The Woes Of Roe: The Future Of Women's Reproductive Health In 2015, Victoria Dempsey
The Woes Of Roe: The Future Of Women's Reproductive Health In 2015, Victoria Dempsey
Public Interest Law Reporter
No abstract provided.
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Public Interest Law Reporter
No abstract provided.
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Public Interest Law Reporter
No abstract provided.
Does America Care About Mental Health Care?, Zainab Mehkeri
Does America Care About Mental Health Care?, Zainab Mehkeri
Public Interest Law Reporter
No abstract provided.
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Public Interest Law Reporter
From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Public Interest Law Reporter
No abstract provided.
Lawyers Represent Clients ... Or Do They?, Alan Mills
Lawyers Represent Clients ... Or Do They?, Alan Mills
Public Interest Law Reporter
In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Public Interest Law Reporter
No abstract provided.
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
Public Interest Law Reporter
No abstract provided.
Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver
Public Interest Law Reporter
No abstract provided.
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Public Interest Law Reporter
No abstract provided.
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Public Interest Law Reporter
No abstract provided.
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Public Interest Law Reporter
No abstract provided.
How Chicago Is Criminalizing Homelessness, Anthony Wadas
How Chicago Is Criminalizing Homelessness, Anthony Wadas
Public Interest Law Reporter
Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Public Interest Law Reporter
No abstract provided.
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Public Interest Law Reporter
Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.
The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall
The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall
Public Interest Law Reporter
The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and government. Fortunately for some members of the city, the struggle for the basic needs of housing, education and quality of life has not ended. Instead, a public awakening has begun to ignite city members to work in unison to change the current condition.