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Articles 1 - 30 of 172
Full-Text Articles in Law
"So" What? Why The Supreme Court's Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff
"So" What? Why The Supreme Court's Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff
Loyola University Chicago Law Journal
In Van Buren v. United States, the United States Supreme Court held that one does not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA) when one accesses information they were otherwise entitled to access. Part I will outline the legislative history of the CFAA, and will explain the circuit split between the Second, Fourth, Sixth, and Ninth Circuits and the First, Third, Fifth, and Seventh Circuits. Part II will detail the facts and procedural history of Van Buren, and will walk through the reasoning of the majority and dissent. Part III will analyze the majority’s narrow reading …
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 …
Unincorporating Qualified Immunity, Teressa Ravenell
Unincorporating Qualified Immunity, Teressa Ravenell
Loyola University Chicago Law Journal
Scholars, judges, activists, and policymakers alike have criticized the doctrine of qualified immunity, which emerged in Pierson v. Ray to shield government actors from monetary liability in a wide range of suits filed under 42 U.S.C. § 1983, derived from the Civil Rights Act of 1871. These criticisms have ranged from the practical to the principled, but they largely ignore the question of statutory interpretation: is it valid to read § 1983, which makes no mention of any defense or immunity, as incorporating a qualified defense for government officials who acted in good faith and with probable cause? The Court …
The Common Prosecutor, Melanie D. Wilson
The Common Prosecutor, Melanie D. Wilson
Loyola University Chicago Law Journal
This symposium piece stems from the Loyola University of Chicago Law Journal's Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”
The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …
The Real Mccoy: Defining The Defendant’S Right To Autonomy In The Wake Of Mccoy V. Louisiana, Colin Miller
The Real Mccoy: Defining The Defendant’S Right To Autonomy In The Wake Of Mccoy V. Louisiana, Colin Miller
Loyola University Chicago Law Journal
Defense counsel, and not the defendant, has the power to make most decisions in a criminal case. Until recently, there were only four decisions reserved for the defendant: whether to (1) plead guilty, (2) waive the right to a jury trial, (3) testify, and (4) forgo an appeal. In McCoy v. Louisiana, the United States Supreme Court recently added a fifth decision reserved for the client: the right to autonomy, i.e., the right to decide on the objective of her defense. Under this right, a defendant can prevent her attorney from admitting her legal guilt at trial by preemptively objecting …
The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll
The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll
Loyola University Chicago Law Journal
For many criminal defendants, a common source of bail funds is their own family or friends. Such individuals typically assist in the expectation that if the defendant complies with court orders and satisfies all court appearances, their money will be returned to them. In revenue-motivated court systems, however, bail funds--even when owned by a third party--are often applied to the defendant's fines and court costs, resulting in the effective forfeiture of the friend or relative's money. This Article reviews the processes of third-party bonds, the risk that a third-party bond will be incorrectly identified as the defendant's asset, and the …
An Empirical Assessment Of Homicide And Suicide Outcomes With Red Flag Laws, Rachel Delafave
An Empirical Assessment Of Homicide And Suicide Outcomes With Red Flag Laws, Rachel Delafave
Loyola University Chicago Law Journal
This Article empirically illustrates that red flag laws—laws which permit removal of firearms from a person who presents a risk to themselves or others—contribute to a statistically significant decrease in suicide rates, but do not influence homicide rates. I exploit state-level variation across time in the existence of red flag laws between 1990 and 2018 and find that the existence of a risk-based law reduces firearm-related suicides by 6.4% and overall suicides by 3.7%, with no substitution to non-firearm suicides. Red flag laws are not associated with a statistically significant change in homicides rates. Policymakers should consider red flag laws …
Restitution For Child Pornography: Reframing A System For Victims Harmed By Too Many, Mackenzie Durkin
Restitution For Child Pornography: Reframing A System For Victims Harmed By Too Many, Mackenzie Durkin
Loyola University Chicago Law Journal
Courts have commented that victims of child pornography suffer harm that is like “a thousand cuts.” This characterization is fitting because once images of a victim’s childhood sexual abuse are on the internet, the images are there forever. As a result, these victims are constantly revictimized by the knowledge that their images are being trafficked and consumed across the world.
This Comment analyzes the current framework for compensating victims through criminal restitution. Victims of all federal crimes, including child pornography offenses, are entitled to restitution for the full amount of their losses. However, this standard became complicated with child pornography …
Judicial Authority Under The First Step Act: What Congress Conferred Through Section 404, Sarah E. Ryan
Judicial Authority Under The First Step Act: What Congress Conferred Through Section 404, Sarah E. Ryan
Loyola University Chicago Law Journal
The First Step Act of 2018 promised relief to inmates serving disproportionately long sentences for cocaine base distribution. Section 404, the focus of this Article, seemed straightforward. But in the spring and summer of 2019, district judges began reviewing section 404 cases and reaching dissonant results. Appeals followed, focused on four questions of judicial authority: (1) Who may judges resentence?, (2) May judges engage in plenary resentencing or merely sentence reduction?, (3) May judges resentence all concurrent criminal convictions or only crack cocaine convictions?, and (4) Must judges adopt the operative drug quantity from the original sentencing? Today, the law …
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
The Criminal Law Docket: A Term Of Modest Changes, Alan Raphael
Faculty Publications & Other Works
No abstract provided.
Interrogating Police Officers, Stephen Rushin, Atticus Deprospo
Interrogating Police Officers, Stephen Rushin, Atticus Deprospo
Faculty Publications & Other Works
This Article empirically evaluates the procedural protections given to police officers facing disciplinary interrogations about alleged misconduct. It demonstrates that state laws and collective bargaining agreements have insulated many police officers from the most successful interrogation techniques.
The first part of this Article builds on previous studies by analyzing a dataset of police union contracts and state laws that govern the working conditions in a substantial cross section of large and midsized American police departments. Many of these police departments provide officers with hours or even days of advanced notice before a disciplinary interrogation. An even larger percentage of these …
Police Disciplinary Appeals, Stephen Rushin
Police Disciplinary Appeals, Stephen Rushin
Faculty Publications & Other Works
This Article empirically evaluates the procedural protections given to police officers facing disciplinary interrogations about alleged misconduct. It demonstrates that state laws and collective bargaining agreements have insulated many police officers from the most successful interrogation techniques.
The first part of this Article builds on previous studies by analyzing a dataset of police union contracts and state laws that govern the working conditions in a substantial cross section of large and midsized American police departments. Many of these police departments provide officers with hours or even days of advanced notice before a disciplinary interrogation. An even larger percentage of these …
Would Hamsterdam Work - Drug Depenalization In The Wire And In Real Life, John Bronsteen
Would Hamsterdam Work - Drug Depenalization In The Wire And In Real Life, John Bronsteen
Faculty Publications & Other Works
The television show The Wire depicts a plan called “Hamsterdam” in which police let people sell drugs in isolated places, and only those places, without fear of arrest. Based on limited but decent empirical evidence, we can make educated guesses about what would happen if that were tried in real life. Indeed, Swiss police tried something remarkably similar in the 1980s. More generally, the results of various forms of drug legalization, depenalization, and decriminalization in Europe--such as in Portugal, which has transferred the state's method of dealing with drug use (including heroin and cocaine) from the criminal justice system to …
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert
Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert
Children's Legal Rights Journal
No abstract provided.
Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen
Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen
Children's Legal Rights Journal
No abstract provided.
Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder
Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder
Children's Legal Rights Journal
No abstract provided.
Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn
Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn
Children's Legal Rights Journal
No abstract provided.
Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan
Children's Legal Rights Journal
No abstract provided.
Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba
Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba
Children's Legal Rights Journal
No abstract provided.
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried
Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried
Loyola University Chicago Law Journal
No abstract provided.
The Overlooked Benefits Of The Blackstone Principle, John Bronsteen
The Overlooked Benefits Of The Blackstone Principle, John Bronsteen
Faculty Publications & Other Works
No abstract provided.
Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch
Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch
Loyola University Chicago Law Journal
There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on an …
Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona
Opposing Viewpoints: Criminal Statutes Of Limitations In Childhood Sexual Abuse Cases, Victoria Carmona
Children's Legal Rights Journal
No abstract provided.
The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman
The Evolution And Unintended Consequences Of Legal Responses To Childhood Sexual Abuse: Seeking Justice And Prevention, Alexandra Hunstein Roffman
Children's Legal Rights Journal
No abstract provided.
Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling
Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling
Children's Legal Rights Journal
No abstract provided.
Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins
Statistically Speaking: Deepening Our Understanding Of Fatal Childhood Maltreatment, Sarah Silins
Children's Legal Rights Journal
No abstract provided.
Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak
Introduction: Gun Violence Among Youth In Chicago, Amanda Crews Slezak
Children's Legal Rights Journal
No abstract provided.
Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte
Terry Stops, Anonymous Tips, And Driving Under The Influence: A Study Of Illinois Law, Charles Burns, Michael Conte
Loyola University Chicago Law Journal
In the recent case of Navarette v. California, No. 12-9490 (U.S. Apr. 22, 2014), the United States Supreme Court held that an anonymous tip can support an investigatory stop in the absence of independent corroboration by the arresting officer under the Fourth Amendment to the United States Constitution. In the fourteen years between Navarette and Florida v. J.L., 529 U.S. 266 (2000), in which the Court last addressed anonymous tips, lower courts across the country struggled to determine how United States Supreme Court precedents on anonymous tips apply in the context of drunk or reckless driving. Illinois courts …
(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy
(Ad)Ministering Justice: A Prosecutor's Ethical Duty To Support Sentencing Reform, Michael Cassidy
Loyola University Chicago Law Journal
This Article stakes out an ethical argument in favor of prosecutorial leadership on sentencing reform. Prosecutors have a duty as “ministers of justice” to go beyond seeking appropriate conviction and punishment in individual cases, and to think about the delivery of criminal justice on a systemic level―promoting criminal justice policies that further broader societal ends. While other authors have explored the tensions between a prosecutor’s adversarial duties and “minister of justice” role in the context of specific litigation, few have explored what it means to be an “administer” of justice in the wider political arena. The author sets forth a …