Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Law

Mandatory Judging, Douglas R. Richmond Jan 2023

Mandatory Judging, Douglas R. Richmond

Loyola University Chicago Law Journal

As a matter of judicial ethics, judges must disqualify themselves in matters in which their impartiality may reasonably be questioned. This key principle implicates two additional aspects of judicial ethics: the duty to sit and the rule of necessity. The duty to sit basically describes a judge’s duty to preside over a case unless disqualified as a matter of judicial ethics. Or, phrased another way, a judge must hear a case if her impartiality cannot reasonably be questioned. Recognition of the duty to sit means that judges may not disqualify themselves based on their unease with cases, personal or professional …


Is Church Autonomy Jurisdictional?, Lael Weinberger Jan 2023

Is Church Autonomy Jurisdictional?, Lael Weinberger

Loyola University Chicago Law Journal

The First Amendment’s religion clauses create what courts have called “church autonomy doctrine,” protecting the internal self-governance of religious institutions. But courts are divided as to whether this doctrine is simply an affirmative defense for religious institutions or a jurisdictional limitation on courts’ ability to adjudicate internal religious matters. Scholars, meanwhile, have long debated whether church autonomy is jurisdictional at a higher level of abstraction, speaking of jurisdiction as a concept of authority rather than a technical term for civil procedure. This Article engages this multilevel debate with an argument for unbundling. First, it urges unbundling conceptual jurisdiction from judicial …


In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction, Katherine Hinkle Jan 2013

In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction, Katherine Hinkle

Children's Legal Rights Journal

No abstract provided.


"Perrymandering": A New Redistricting Plan In Texas Impacts The Latino Vote, Norma E. Loza Jan 2011

"Perrymandering": A New Redistricting Plan In Texas Impacts The Latino Vote, Norma E. Loza

Public Interest Law Reporter

No abstract provided.


Federal Jurisdiction Expanded For Class Actions, Emily Rozwadowski Jan 2005

Federal Jurisdiction Expanded For Class Actions, Emily Rozwadowski

Public Interest Law Reporter

No abstract provided.


Cesena V. Du Page County: The Illinois Supreme Court's Exercise Of Equitable Jurisdiction And Its Potential Impact On The Attorney-Client Privilege, Amy Kushen Jan 1992

Cesena V. Du Page County: The Illinois Supreme Court's Exercise Of Equitable Jurisdiction And Its Potential Impact On The Attorney-Client Privilege, Amy Kushen

Loyola University Chicago Law Journal

No abstract provided.


After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke Jan 1991

After Mallard V. United States: The Federal Courts' Inherent Power To Appoint Representation For Indigent Civil Litigants, Laura B. Hardwicke

Loyola University Chicago Law Journal

No abstract provided.


Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey Jan 1988

Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey

Loyola University Chicago Law Journal

No abstract provided.


Publicity And Privacy - Distinct Interests On The Misappropriation Continuum, Larry L. Saret, Martin L. Stern Jan 1981

Publicity And Privacy - Distinct Interests On The Misappropriation Continuum, Larry L. Saret, Martin L. Stern

Loyola University Chicago Law Journal

No abstract provided.


Parallel State And Federal Court Class Actions, Kevin T. Keating Jan 1981

Parallel State And Federal Court Class Actions, Kevin T. Keating

Loyola University Chicago Law Journal

No abstract provided.


Jurisdiction Over Alien Corporations After Shaffer V. Heitner, Sharon L. Finegan Jan 1979

Jurisdiction Over Alien Corporations After Shaffer V. Heitner, Sharon L. Finegan

Loyola University Chicago Law Journal

No abstract provided.


Divorce Jurisdiction After The 1977 Amendment To The Illinois Long Arm Statute: Extending A Legal Doctrine Or Creating A Legal Hallucination?, David A. Baker Jan 1978

Divorce Jurisdiction After The 1977 Amendment To The Illinois Long Arm Statute: Extending A Legal Doctrine Or Creating A Legal Hallucination?, David A. Baker

Loyola University Chicago Law Journal

No abstract provided.


Pre-Implementation Review Under Section 15 Of The Shipping Act Of 1916, Susan Steinholtz Sennett Jan 1977

Pre-Implementation Review Under Section 15 Of The Shipping Act Of 1916, Susan Steinholtz Sennett

Loyola University Chicago Law Journal

No abstract provided.


Federal Jurisdiction - Steffel V. Thompson, Declaratory Relief Against A Threatened State Criminal Prosecution Is Permissable Without A Showing Of Great And Immediate Irreparable Harm Whether The Attack On The Constitutionality Of The Statute Is On Its Face Or As Applied, Dennis G. Stenstrom Jan 1975

Federal Jurisdiction - Steffel V. Thompson, Declaratory Relief Against A Threatened State Criminal Prosecution Is Permissable Without A Showing Of Great And Immediate Irreparable Harm Whether The Attack On The Constitutionality Of The Statute Is On Its Face Or As Applied, Dennis G. Stenstrom

Loyola University Chicago Law Journal

No abstract provided.


The Price Discrimination Provisions Of The Robinson-Patman Act: A Forthcoming Clarification Of The Jurisdictional Requirements?, B. Douglas Stephens Jr. Jan 1974

The Price Discrimination Provisions Of The Robinson-Patman Act: A Forthcoming Clarification Of The Jurisdictional Requirements?, B. Douglas Stephens Jr.

Loyola University Chicago Law Journal

No abstract provided.


Federal Jurisdiction - All Plaintiffs Required To Meet $10,000 Jurisdictional Amount In Order To Maintain A Rule 23(B)(3) Class Action Under 28 U.S.C. 1332(A), Louis M. Leone Jan 1973

Federal Jurisdiction - All Plaintiffs Required To Meet $10,000 Jurisdictional Amount In Order To Maintain A Rule 23(B)(3) Class Action Under 28 U.S.C. 1332(A), Louis M. Leone

Loyola University Chicago Law Journal

No abstract provided.


Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy Jan 1972

Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy

Loyola University Chicago Law Journal

No abstract provided.


The Expanding Scope Of Federal Civil Rights Jurisdiction, Edwin R. Mccullough Jan 1972

The Expanding Scope Of Federal Civil Rights Jurisdiction, Edwin R. Mccullough

Loyola University Chicago Law Journal

No abstract provided.


Use Of Assignments And Appointments To Create Or Destroy Federal Diversity Jurisdiction, William L. Daniels Jan 1970

Use Of Assignments And Appointments To Create Or Destroy Federal Diversity Jurisdiction, William L. Daniels

Loyola University Chicago Law Journal

No abstract provided.