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State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 1 - 30 of 382
Full-Text Articles in State and Local Government Law
Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg
Regulating Glamour: A Quantitative Analysis Of The Health And Safety Training Of Appearance Professionals, 54 Uic J. Marshall L. Rev. 123 (2021), Daniel Greenberg
UIC Law Review
No abstract provided.
Are Carve-Outs Killing The Spirit Of Sanctuary Cities? A Comparative Analysis Of Chicago And Oak Park’S Sanctuary Policies, 52 Uic J. Marshall L. Rev. 395 (2019), Ana Torres
UIC Law Review
In the United States, undocumented immigrants often shy away from accessing public services due to fear of deportation. Chicago and Oak Park have passed ordinances commonly known as “sanctuary policies,” which seek to promote trust between immigrant communities and local law enforcement in order to lower crime rates and increase public safety. The rationale is that undocumented immigrants will feel more confident to report crimes and utilize public and social services without fear of repercussions. Sanctuary policies strive to create basic protections for undocumented immigrants at a local level by limiting cooperation with the federal government. However, many sanctuary policies …
Evader, Avoider, Or None Of The Above? Shedding Light On The Implications Of The Illinois Employee Classification Act On Small Construction Contractors, And Considerations For Their Exemption, 51 J. Marshall L. Rev. 341 (2018), Taso Tsiganos
UIC Law Review
No abstract provided.
Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco
UIC Law Review
No abstract provided.
Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham
Justice For Victims Of Sex Trafficking: Why Current Illinois Efforts Aren’T Enough, 51 J. Marshall L. Rev. 715 (2018), Rachael Derham
UIC Law Review
No abstract provided.
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
How An Acoustic Sensor Can Catch A Gunman, 32 J. Marshall J. Info. Tech. & Privacy L. 211 (2016), Amanda Busljeta
UIC John Marshall Journal of Information Technology & Privacy Law
Conversations said in public do not have an expectation of privacy, and therefore, the ShotSpotter does not violate the right to privacy. This comment will address the following: a) ShotSpotter technology is a necessity in all neighborhoods; b) ShotSpotter does not violate an individual’s expectation of privacy; c) the need for ShotSpotter outweighs the cost of the device; and e) regulations and economic solutions will allow cities to use ShotSpotter while still protecting the individual’s privacy rights.
Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters
Selected State Laws Governing The Safeguarding And Disposing Of Personal Information, 31 J. Marshall J. Info. Tech. & Privacy L. 487 (2015), Bruce Radke, Michael Waters
UIC John Marshall Journal of Information Technology & Privacy Law
Numerous states have adopted laws mandating the protection and disposal of personal information. Under those laws, businesses are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information in order to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Although the definition of “personal information” varies from state to state, “personal information” is generally defined as an individual’s first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or …
An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich
An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich
UIC Law Review
On one side of the spectrum, certain courts, such as New York, define gross negligence as conduct that borders intentional wrongdoing. On the other side of the spectrum, courts continue to recognize the degrees of negligence and differentiate between various degrees of care. Between these two approaches, there is inconsistency. For instance, some Illinois decisions equate gross negligence to recklessness, while others define it as nothing more than “very great negligence.” This Article concludes that the latter may be the proper standard relied upon by a majority of the recent decisions interpreting Illinois law, but advocates for a uniform definition …
Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller
Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller
UIC Law Review
No abstract provided.
A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber
A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber
UIC Law Review
The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2-619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavits
Patently Preempted, 14 J. Marshall Rev. Intell. Prop. L. 268 (2015), Nick Vogel
Patently Preempted, 14 J. Marshall Rev. Intell. Prop. L. 268 (2015), Nick Vogel
UIC Review of Intellectual Property Law
Small and medium size businesses often take advantage of the latest advancements in technology. Doing so, however, now seems to carry the risk of patent infringement. In 2012, so called patent trolls, also known as Non Practicing Entities, began sending letters to small and medium sized businesses demanding money in exchange for a license to use allegedly patented technology. Many saw the demands as an abuse of the patent system. In response, states have passed or are considering statutes that outlaw patent holders from delivering a bad faith notice of infringement. The State of Vermont was the first to address …
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers
California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
UIC Law Review
No abstract provided.
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
UIC Law Review
This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.
The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak
The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak
UIC Law Review
This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.
Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin
Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin
UIC Law Review
No abstract provided.
Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney
UIC Law Review
The issues facing Illinois cities are equally, if not more, important today as in 1970 and will require local leaders to be able to use all governance tools at their disposal. The ability of a municipality to raise revenue is arguably one of the most important expressly granted by home rule. Accordingly, the Stubhub case should be viewed with caution going forward, as it raises the possibility of potentially serious challenges to municipal home rule power in the future. This article, then, will do several things. First, it will give the reader a concise definition and history of the constitutional …
Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven
UIC Law Review
This Article will show that Kalodimos’s reasoning is deeply flawed and also that developments in the law following that decision demonstrate that it is no longer viable.
Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett
UIC Law Review
Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi
UIC Law Review
Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s own ordinance. Chicago’s Landmarks Ordinance, …
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
UIC Law Review
No abstract provided.
Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke
Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke
UIC Law Review
Contrary to the Federal Constitution, almost every state constitution, including Illinois’s, specifically guarantees its citizens’ the right to a free and efficient education provided by the state. This article will advocate for a number of reforms, which will minimize spending disparities across the state, enhance equality in per-pupil funding, and lower overall operating cost.
Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill
Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill
UIC Law Review
The Illinois Supreme Court has ironically chosen to make the Illinois Constitution completely insignificant in several areas of constitutional law. It has accomplished this through “the limited lockstep doctrine.” This approach is used to interpret cognate provisions of the U.S. and Illinois Constitutions.
Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar
UIC Law Review
This Article reviews not only the Pension Clause’s language and origins, but also the constitutional convention debates discussing it, and relevant court decisions construing the provision. The Article also evaluates the arguments made by legal commentators on behalf of particular stakeholders about whether the Clause allows the legislature to cut the pension benefits of current public employees and retirees as well as other related issues. The Article concludes that the General Assembly cannot unilaterally cut the pension benefits of current employees or retirees as a means to reduce the State’s existing pension liabilities based on the Clause’s plain language, the …
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce
UIC Law Review
This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller
The Origin And Evolution Of The Third Party “Refusal To Deal” Defense In Illinois Corporate Opportunity Cases, 46 J. Marshall L. Rev. 937 (2013), William Lynch Schaller
UIC Law Review
No abstract provided.
Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins
UIC Law Review
No abstract provided.
Corporate Opportunities And The Third Party “Refusal To Deal” Defense: Policy And Practice Lessons From Illinois, 47 J Marshall L. Rev 1 (2013), William Schaller
Corporate Opportunities And The Third Party “Refusal To Deal” Defense: Policy And Practice Lessons From Illinois, 47 J Marshall L. Rev 1 (2013), William Schaller
UIC Law Review
No abstract provided.
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein
UIC Law Review
No abstract provided.
Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013), Margaret Connery
Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013), Margaret Connery
UIC Law Review
No abstract provided.