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Constitutional Law

UIC School of Law

Journal

2014

Articles 1 - 4 of 4

Full-Text Articles in Law

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn Jan 2014

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.


Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin Jan 2014

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.


Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill Jan 2014

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 Jan 2014

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 …