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Articles 1 - 30 of 284
Full-Text Articles in Law
Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley
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 …
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
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 …
The Establishment Clause, Civil Rights, And The Accomodationist Path Forward, Lisa Shaw Roy
The Establishment Clause, Civil Rights, And The Accomodationist Path Forward, Lisa Shaw Roy
Loyola University Chicago Law Journal
The U.S. Supreme Court’s First Amendment Religion Clause doctrine is undergoing a transition between the Court’s older, strict separationist decisions and its current accommodationist approach. This shift can be seen in the Court’s most recent Establishment and Free Exercise Clause decisions, and in particular, in its unanimous Free Speech Clause decision in Shurtleff v. City of Boston, a case which found that the challenger, Harold Shurtleff, had a First Amendment right to raise a flag with a cross on a city flagpole. In many ways, Shurtleff exemplifies the Court’s incremental movement toward an accommodationist Establishment Clause doctrine, and this …
Introduction To Issue Three, Paul W. Kucinski
Introduction To Issue Three, Paul W. Kucinski
Loyola University Chicago Law Journal
No abstract provided.
Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun
Loyola University Chicago Law Journal
How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett. In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.” Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue her statutory claim through litigation. Since …
United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa
United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa
Loyola University Chicago Law Journal
Since 1917, residents of Puerto Rico have been citizens of the United States. However, because of Puerto Rico’s status as a United States territory, residents of Puerto Rico are not automatically guaranteed the same constitutional rights as other citizens of the United States. When faced with the question of what constitutional rights residents of Puerto Rico are entitled to, the Supreme Court has continued to perpetuate the otherness of United States territories. This disposition results from the United States’ colonial mindset in the acquisition and government of its territories. The discrimination against United States territories, namely Puerto Rico, has bled …
Ignored, Harassed, And Endangered: States Must Provide Gender-Affirming Healthcare To Transgender Youth In Juvenile Detention, Jake Gnolfo
Loyola University Chicago Law Journal
In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held a prison’s denial of gender-affirming care to a transgender adult prisoner constituted cruel and unusual punishment under the Eighth Amendment. However, the reality for incarcerated transgender juveniles is much different. It is incredibly hard, if not impossible, for transgender juveniles to obtain access to gender-affirming care while detained. Furthermore, states have begun banning gender-affirming healthcare for all transgender youth. Preliminary injunctions of these laws have been swift and successful; however, transgender juveniles remain left out of the conversation. While being restrained of their …
Addressing The Inevitability Of Race In The Doj’S Enforcement Of The Pattern-Or-Practice Initiative, Joshua Chanin
Addressing The Inevitability Of Race In The Doj’S Enforcement Of The Pattern-Or-Practice Initiative, Joshua Chanin
Loyola University Chicago Law Journal
Section 14141 of the 1994 Crime Act empowers the U.S. Department of Justice (DOJ) to investigate and drive reform of local law enforcement agencies found to have engaged in a pattern or practice of misconduct. During the Trump administration, the DOJ willfully allowed its powers under this section to lie dormant, despite a number of high-profile incidents of police violence against Black Americans. Active enforcement of Section 14141 affords the federal executive branch significant opportunities to promote lawful policing. Using its pattern-or-practice authority, the DOJ has guided dozens of law enforcement agencies through a process designed to remedy systemic unlawful …
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho
Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho
Public Interest Law Reporter
No abstract provided.
Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen
Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen
Public Interest Law Reporter
No abstract provided.
Applying Constitutional Due Process Rights In Immigration Detainment, Gabrielle Risolvato
Applying Constitutional Due Process Rights In Immigration Detainment, Gabrielle Risolvato
Public Interest Law Reporter
No abstract provided.
Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen
Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen
Public Interest Law Reporter
No abstract provided.
A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller
A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller
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.
The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens
The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens
Public Interest Law Reporter
No abstract provided.
An End To Sacrifice Zoning In Chicago, Jasmine Anderson
An End To Sacrifice Zoning In Chicago, Jasmine Anderson
Public Interest Law Reporter
No abstract provided.
Poverty As A Barrier To Family Unification: A Look At The Relationship Between Child Welfare Involvement And Access To Housing, Abby Dompke
Public Interest Law Reporter
No abstract provided.
Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau
Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau
Public Interest Law Reporter
No abstract provided.
Free Appropriate Public Education: The Unfulfilled Promise Of The Individuals With Disabilities Education Act, Madison Flores
Free Appropriate Public Education: The Unfulfilled Promise Of The Individuals With Disabilities Education Act, Madison Flores
Public Interest Law Reporter
No abstract provided.
Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich
Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich
Public Interest Law Reporter
No abstract provided.
Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley
Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley
Public Interest Law Reporter
No abstract provided.
Why Offshore Betting Is Risky, Steven Henley
Why Offshore Betting Is Risky, Steven Henley
Public Interest Law Reporter
No abstract provided.
The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora
The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora
Public Interest Law Reporter
No abstract provided.
Education Is A Fundamental Right, Anna Nornes
Education Is A Fundamental Right, Anna Nornes
Public Interest Law Reporter
No abstract provided.
12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi
12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi
Public Interest Law Reporter
No abstract provided.
The Impact Of Abortion Bans On Low-Income Women, Jeni Siegel
The Impact Of Abortion Bans On Low-Income Women, Jeni Siegel
Public Interest Law Reporter
No abstract provided.
Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu
Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu
Public Interest Law Reporter
No abstract provided.
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
The Racist Roots Of The War On Drugs & The Myth Of Equal Protection For People Of Color, Steven A. Ramirez, Andre Douglas Pond Cummings
Faculty Publications & Other Works
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …
Roadmap For Anti-Racism: First Unwind The War On Drugs Now, Steven A. Ramirez, Andre Douglas Pond Cummings
Roadmap For Anti-Racism: First Unwind The War On Drugs Now, Steven A. Ramirez, Andre Douglas Pond Cummings
Faculty Publications & Other Works
The War on Drugs (WOD) transmogrified into a war on communities of color early in its history, and its impact has devastated communities of color first and foremost. People of color disproportionately suffer incarceration in the WOD even though people of color use illegal narcotics at substantially lower rates than white Americans. As a result, the WOD led to mass incarceration of people of color at many times the rate of white Americans. Indeed, as a stark illustration of the power of race in America, even after Illinois and Colorado legalized cannabis, over-policing in communities of color resulted in a …