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The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
UIC Law Review
This comment will argue that Illinois courts (1) are not restricted by their own judicially imposed lockstep doctrine from applying the exclusionary rule based on Article I Section 6 ("state exclusionary rule" herein); and (2) should specifically apply the state exclusionary rule as the remedy for Fourth Amendment violations (and Article I section 6 violations) instead of the exclusionary rule based on the language of the Fourth Amendment ("federal exclusionary rule" herein), which currently offers Illinois residents, and specifically criminal defendants, less constitutional protection.
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017), Marisa Kay
UIC Law Review
No abstract provided.
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe
UIC Law Review
Does the Fourth Amendment apply in cases of cross-border shootings of foreign nationals, when those shots were fired by United States Border Patrol agents from American soil, striking a victim in Mexico? In oral argument, Petitioner failed to heed the trail of breadcrumbs strewn at his feet by inquisitive Supreme Court Justices. A workable, yet narrow rule that would plug the critically important gap in application of the United States Constitution to remedy such cross-border atrocities, was not articulated. I propose one here. The world’s busiest border is that which is shared between the United States and Mexico. Our countries …