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Full-Text Articles in Law
The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore
The Constitutional Multiverse: A Retroactive Analysis Of Hemphill V. New York, Michael C. Wetmore
Loyola University Chicago Law Journal
In 2022, the Supreme Court was asked the question: May a criminal defendant “open the door” to evidence that it is otherwise inadmissible because of their Sixth Amendment right to confront adversarial witnesses? It is not unheard of that, at trial, a defendant’s attorney makes arguments that prosecutors and judges think will mislead the jury. Many times, these arguments reference evidence that—by evidentiary rule, pretrial ruling, or otherwise—is inadmissible. Trial courts have long been afforded the discretion to measure how much evidence can come through the door a defendant opens by raising these arguments to cure any false impression that …
Threats And Bullying By Prosecutors, Bennett L. Gershman
Threats And Bullying By Prosecutors, Bennett L. Gershman
Loyola University Chicago Law Journal
No abstract provided.
The Law And Economics Of Stop-And-Frisk, David Abrams
The Law And Economics Of Stop-And-Frisk, David Abrams
Loyola University Chicago Law Journal
The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of stop-and-frisk, and suggests some ways forward and areas of exploration for future research
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen
Loyola University Chicago Law Journal
Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge
Loyola University Chicago Law Journal
No abstract provided.
Skepticism About Deterrence, Thomas S. Ulen
Skepticism About Deterrence, Thomas S. Ulen
Loyola University Chicago Law Journal
In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …
The Economic Perspective On Sentencing, Joshua B. Fischman
The Economic Perspective On Sentencing, Joshua B. Fischman
Loyola University Chicago Law Journal
Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher
Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher
Loyola University Chicago Law Journal
No abstract provided.
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Loyola University Chicago Law Journal
No abstract provided.
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Loyola University Chicago Law Journal
No abstract provided.
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Peremptory Challenges And Religion: The Unanswered Prayer For A Supreme Court Opinion, Courtney A. Waggoner
Loyola University Chicago Law Journal
No abstract provided.
Illinois Courts: Vital Developers Of Tort Law As Constitutional Vanguards, Statutory Interpreters, And Common Law Adjudicators, Philip H. Corboy, Curt N. Rodin, Susan J. Schwartz
Illinois Courts: Vital Developers Of Tort Law As Constitutional Vanguards, Statutory Interpreters, And Common Law Adjudicators, Philip H. Corboy, Curt N. Rodin, Susan J. Schwartz
Loyola University Chicago Law Journal
No abstract provided.
Mcinerney V. Charter Golf, Inc.: The Court Swings And Misses, Gina M. Chang
Mcinerney V. Charter Golf, Inc.: The Court Swings And Misses, Gina M. Chang
Loyola University Chicago Law Journal
No abstract provided.
Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte
Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte
Loyola University Chicago Law Journal
No abstract provided.
Fasb's Folly: A Look At The Misguided New Rules On Dericatives Valuation And Disclosure, Michael S. Lesak
Fasb's Folly: A Look At The Misguided New Rules On Dericatives Valuation And Disclosure, Michael S. Lesak
Loyola University Chicago Law Journal
No abstract provided.
Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson
Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson
Loyola University Chicago Law Journal
No abstract provided.
O'Dell V. Netherland: A Bedrock Principal Of Fundamental Fairness, Joanne T. Hannaway
O'Dell V. Netherland: A Bedrock Principal Of Fundamental Fairness, Joanne T. Hannaway
Loyola University Chicago Law Journal
No abstract provided.
Hudson V. Mcmillan: The Eighth Amendment Gets A Push And A Shove, Bina Sanghavi
Hudson V. Mcmillan: The Eighth Amendment Gets A Push And A Shove, Bina Sanghavi
Loyola University Chicago Law Journal
No abstract provided.
The Admissibility Of Scientific Evidence In Illinois, M. Thaddeus Murphy
The Admissibility Of Scientific Evidence In Illinois, M. Thaddeus Murphy
Loyola University Chicago Law Journal
No abstract provided.
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Caging Lyons: The Availability Of Injunctive Relief In Section 1983 Actions, Linda E. Fisher
Caging Lyons: The Availability Of Injunctive Relief In Section 1983 Actions, Linda E. Fisher
Loyola University Chicago Law Journal
No abstract provided.
Are Federal Courts Necessary?, Milton I. Shadur Honorable
Are Federal Courts Necessary?, Milton I. Shadur Honorable
Loyola University Chicago Law Journal
No abstract provided.
Access To The Federal Courts For Title Vii Claimants In The Post-Kremer Era: Keeping The Doors Open, Andrea Catania
Access To The Federal Courts For Title Vii Claimants In The Post-Kremer Era: Keeping The Doors Open, Andrea Catania
Loyola University Chicago Law Journal
No abstract provided.
Parallel State And Federal Court Class Actions, Kevin T. Keating
Parallel State And Federal Court Class Actions, Kevin T. Keating
Loyola University Chicago Law Journal
No abstract provided.
State Legislators, Speech Or Debate, And The Search For Truth, Gary L. Starkmen
State Legislators, Speech Or Debate, And The Search For Truth, Gary L. Starkmen
Loyola University Chicago Law Journal
No abstract provided.
Arbitrability: The Uniform Arbitration Act In Illinois, Lawrence Kalevitch
Arbitrability: The Uniform Arbitration Act In Illinois, Lawrence Kalevitch
Loyola University Chicago Law Journal
No abstract provided.
Grand Jury: Bulwark Of Prosecutorial Immunity?, Michael K. Williams
Grand Jury: Bulwark Of Prosecutorial Immunity?, Michael K. Williams
Loyola University Chicago Law Journal
No abstract provided.
Federal Courts - Habeas Corpus - Unconditional Release From Custody Under A Misdemeanor Conviction Does Not Render A Case Moot For Purposes Of Habeas Corpus And A Lower Federal Court's Declaration Of The Unconstitutionality Of An Ordinance Is Not Binding Upon State Courts, Elaine Munson
Loyola University Chicago Law Journal
No abstract provided.
Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr.
Evidence - Presumption That Judge Disregarded Incompetent Evidence In Reaching His Verdict Does Not Obtain Where An Objection To The Evidence Has Been Overruled, Thomas P. Carney Jr.
Loyola University Chicago Law Journal
No abstract provided.