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Originalism As Disruption, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

This Article challenges the conventional understanding of originalism as a method that promotes unchanging constitutional meanings. Drawing on four and a half decades of experience since Attorney General Edwin Meese first championed originalism as a conservative project, this Article demonstrates that originalism has generally proven destabilizing rather than stabilizing to constitutional law. Landmark cases such as New York State Rifle & Pistol Association v. Bruen, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and Shelby County v. Holder show that the Supreme Court frequently deploys originalism when it seeks to upend settled constitutional doctrine, contradicting claims …

Law’S Limits: Abortion And The Social Determinants Of Health, Maya Manian

Scholarly Articles in Law Reviews & Journals

After Dobbs: How the Supreme Court Ended Roe but Not Abortion (“After Dobbs”) is a prescient and timely response to the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and upended nearly five decades of constitutional protection for abortion. In this meticulously structured oral history, law professor David S. Cohen and sociologist Carole Joffe center the voices of abortion providers, clinic administrators, funders, and advocates from across the country. After Dobbs, not only documents the extraordinary persistence of abortion supporters in the face of legal devastation but also bears witness to …

Hospital Counsel’S Role In Supporting Quality Patient Care, Nadia N. Sawicki

UIC Law Review

No abstract provided.

Unwanted Medical Treatment Harms Patients: Taxonomy Of Healthcare Consent Infractions, Thaddeus M. Pope

UIC Law Review

No abstract provided.

Is It A Failure Of Informed Consent When A Physician Does Not Share A Test Result With A Patient Because The Physician Does Not Believe The Test?, Alan Schwartz

UIC Law Review

No abstract provided.

Deliberating The Right To Electroconvulsive Therapy In The Correctional Setting, S. Jan Brakel, Xiaoyin Cao, Stephen H. Dinwiddie

UIC Law Review

No abstract provided.

A Centralized Defense Against Hospital Cyberattacks, Jack Woehler

UIC Law Review

No abstract provided.

Unintended Consequences: The Impact Of Deinstitutionalization On Mental Health With O’Connor V. Donaldson, Elliott Rose

UIC Law Review

No abstract provided.

America, Where A Kid Can (Maybe) Be A Transgender Kid: Eknes-Tucker V. Governor Of Alabama, Hans Brownstein

UIC Law Review

No abstract provided.

Strategies For The Dream Of Homeownership To Survive Climate Change Disasters In An Insurance Crisis, Celeste M. Hammond, Virginia Harding

UIC Law Review

No abstract provided.

United States V. Sanders: Dost And The Quest For Clarity, Katie Stonich

UIC Law Review

No abstract provided.

Police Deception, False Confession, And The Alford Plea: Redefining The Presumption Of Innocence, Clare Brunn

UIC Law Review

No abstract provided.

Molineux Or Moli-No? New York’S Refusal To Extend Rape Victims The Justice They Deserve, Sophia Anastasia

UIC Law Review

No abstract provided.

. . . And God Closed His Eyes: An Analysis Of The Right To A Religious Advisor In The Execution Chamber Under The First And Eighth Amendment, Alexandra Herman

UIC Law Review

No abstract provided.

The “Careful Habit”!? Why Does This Evidentiary Concept Persist In Illinois?, Marc Ginsberg

UIC Law Review

No abstract provided.

9(B), Or Not 9(B), That Is The Question: Do Fraudulent Transfers Need To Be Pleaded With Particularity?, Matthew Kent Stiles

UIC Law Review

No abstract provided.

Lissack V. Commissioner: How Might Lack Of Judicial Deference To Administrative Agencies, After Loper Bright Enterprises V. Raimondo, Affect Irs Regulations And Decisions Regarding Whistleblowers And Informants?, John R. Dorocak

UIC Law Review

No abstract provided.

Zero Price, Real Harm: The Case For The Consumer Welfare Standard In U.S. V. Google And Future Big Tech Antitrust, Kyle Anderson

UIC Law Review

No abstract provided.

Illinois Amends Bipa To Mitigate Costly Consequences For Businesses, Jacqueline Robbins

UIC Law Review

No abstract provided.

Banned And Buried: The Color Of Censorship In American Education, Khala Carter

UIC Law Review

No abstract provided.

A United History Of America: Memory Laws And K-12 U.S. History Education, Omar Arafeh

UIC Law Review

No abstract provided.

Trampled Grasslands: The Development Of Human Trafficking Laws In Mongolia, Franco A. Loyola

Florida Atlantic University Undergraduate Law Journal

Changes in Mongolia’s constitutions and criminal codes during the democratic transition in the 1990s not only shaped the nation’s vulnerability to the fourth wave of human trafficking but also produced a legal trajectory that distinguishes Mongolia from its post-Soviet neighbors. The nation is unique as their legal history with anti-trafficking laws dates to the 15th century under the Qing Dynasty. Since independence from Qing rule, provisions against certain elements of human trafficking were preserved in Mongolia’s legal codes up to the modern democratic era; the strongest provisions being found within the old Soviet constitutions. However, upon the collapse of the …

The Future Of Educational Equity In Post-Secondary Education: Student Loan Statutory Reforms Under The Big Beautiful Bill Act, Taylor Myers

Florida Atlantic University Undergraduate Law Journal

Significant reforms to federal student loans, as outlined in the Big Beautiful Bill Act, will have a substantial impact on students pursuing secondary education, including loan limits, income-based repayment plans, and the elimination of specific deferment plans. Subsequently, those most affected by these changes will be low-income borrowers, middle-income borrowers, and graduate students. Recent changes to federal higher education loan policies, such as borrowing limits, income-based repayment plans, and elimination of certain deferments, can leave greater economic barriers within education. Although the policy aims to provide debt relief to borrowers, it raises unresolved constitutional questions, particularly regarding the government's responsibility …

Table Of Contents, Kris Barrios

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

Opera Houses In Aberdeen, Huron, And Watertown, Sd: 1880-1910s, Janet M. Meyer

Dissertations and Theses

In the 1880s, many newcomers arrived in Dakota Territory for a new start in Aberdeen, Huron, and Watertown. Their arrival coincided with the popularity of opera houses, so it was not surprising that entrepreneurs built opera houses in these new towns. The early opera houses included several benefits. They provided important gathering places for growing communities to hold meetings and social functions. The settler-colonial society included people from foreign countries and eastern states. Opera houses were also beneficial by providing familiar shows and concerts, perhaps some shows the residents previously enjoyed in their homes back east. Knowing that an entertainment …

Not Eu Enough: The Eu's Proposed Multilateral Investment Court As An Infeasible Replacement For The Intra-Eu Isds Mechanism After The Achmea Decision, Rohit Rakhit

Case Western Reserve Journal of International Law

In the landmark case Slovak Republic v. Achmea BV, the European Union Court of Justice (CJEU) invalidated Article 8 of the 1992 Dutch-Slovak bilateral investment treaty (BIT), holding that it conflicted with EU law. Article 8 included a provision which mandated that any party initiating an investor-state dispute governed under the Dutch-Slovak BIT bring the dispute in front of an arbitration tribunal. Since this form of investor-state dispute resolution was customary in the EU, states and investors became concerned about what the future of investment arbitration would look like in the EU. As a solution, the EU proposed the implementation …

Leveraging Machine Learning Techniques To Identify Catastrophic Outliers In Photometric Redshift Estimates, Jason Yoo

Honors Theses

Leveraging the unprecedented data volumes from modern astronomical surveys, this work addresses the critical challenge of identifying catastrophic outliers (COs) in photometric redshift (photo-z) estimates. Reliable redshift estimation is essential for precision cosmology, yet COs (galaxies with severely erroneous photo-z) can introduce significant systematic bias. We develop and evaluate two machine learning approaches for robust CO identification: a multilayer perceptron (MLP) utilizing photo-z point estimates and probability distributions, and a convolutional neural network (CNN) leveraging raw 5-band photometric images. Using datasets emulating LSST conditions, we demonstrate that the MLP model achieves high accuracy and stability across redshift bins, correctly identifying …

Standard Confusion: The Case For Adopting Motivating Factor Causation For Fmla Retaliation Claims, Alyssa Shaw

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

Statutory anti-retaliation protections are often the only enforcement mechanism placed in federal minimum labor standard statutes, and the Family Medical Leave Act (FMLA) is no exception. An integral part of proving retaliation claims is showing there was a causal connection between the adverse action and the use of protected leave. Unfortunately for plaintiffs, the federal circuit courts apply different causation burdens to these claims. Some adopt motivating factor causation and others adopt but-for causation.

This Essay examines this circuit split and argues for the adoption of motivating factor causation for FMLA retaliation claims stemming from the use of protected leave. …

Founding Freedoms On Trial: Speech, Sedition, And Executive Authority, Adam Koch

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

Part I will review the political and legislative standards of early America. This background provides the understanding of the conditions that led to the passing of the Alien and Sedition Acts. Part II will assess the constitutionality of the Acts, particularly the Sedition Act. This part will focus on the contemporary legal and political arguments from both sides of the dispute. Finally, Part III will review the legal positions of each of the Supreme Court Justices at the time of the presidency of John Adams. Here, the paper will draw from contemporary accounts to determine that the Court overwhelmingly supported …

Annual Report For The Town Of Bedford, New Hampshire For The Year Two Thousand Twenty Five, Bedford Town Representatives

Bedford, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.