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Full-Text Articles in Law

The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis Jan 2016

The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis

Faculty Publications & Other Works

This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.

The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court ...


The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis Jan 2016

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki Jan 2016

Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki

Faculty Publications & Other Works

Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to both critics ...


Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan Jan 2016

Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger Jan 2015

Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Restoring Trust And Advancing Justice: Adopting The Illinois Trust Act Is The Real Way To Secure Communities, Joseph M. Gietl Jan 2014

Restoring Trust And Advancing Justice: Adopting The Illinois Trust Act Is The Real Way To Secure Communities, Joseph M. Gietl

Public Interest Law Reporter

No abstract provided.


Pro Bono Or Problemo: Can A Moral Obligation Effectively Bridge The 'Justice Gap'?, Jessica Ratner Jan 2012

Pro Bono Or Problemo: Can A Moral Obligation Effectively Bridge The 'Justice Gap'?, Jessica Ratner

Public Interest Law Reporter

No abstract provided.


"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki Jan 2010

"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen Jan 2010

The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen

Faculty Publications & Other Works

No abstract provided.


John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen Jan 2008

John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen

Faculty Publications & Other Works

No abstract provided.


Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen Jan 2008

Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Catholic Lawyer: “Faith” In Three Parts., John M. Breen Jan 2006

The Catholic Lawyer: “Faith” In Three Parts., John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Equal Justice Illinois Campaign Honors Officials For Increased State Funding For Legal Aid Services, Claire Mariano Jan 2005

The Equal Justice Illinois Campaign Honors Officials For Increased State Funding For Legal Aid Services, Claire Mariano

Public Interest Law Reporter

No abstract provided.


Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo Jan 2005

Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo

Faculty Publications & Other Works

No abstract provided.


Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo Jan 2003

Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo

Faculty Publications & Other Works

No abstract provided.


What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses Jan 2000

What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen Jan 2000

Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness Jan 1994

The Presence Of Family Members And Others During Attorney-Client Communications: Himmel's Other Dilemma, Jeffrey A. Parness

Loyola University Chicago Law Journal

No abstract provided.


An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite Jan 1994

An Introduction For Judges And Lawyers To Plato's Apology Of Socrates, William T. Braithwaite

Loyola University Chicago Law Journal

No abstract provided.


Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross Jan 1993

Supreme Court Rule 219: The Consequences Of Refusal To Comply With Rules Or Orders Relating To Discovery Or Pretrial Conferences, Leonard E. Gross

Loyola University Chicago Law Journal

No abstract provided.


Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos Jan 1993

Is There Consortium Before Birth? Expanding The Availability Of Loss Of Social Damages In Wrongful Death Actions, Harry Poulos

Loyola University Chicago Law Journal

No abstract provided.


Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey Jan 1992

Mu'min V. Virginia: The Supreme Court's Failure To Establish Adequate Judicial Procedures To Counter The Prejudicial Effects Of Pretrial Publicity, David Edsey

Loyola University Chicago Law Journal

No abstract provided.


Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka Jan 1992

Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka

Loyola University Chicago Law Journal

No abstract provided.


People V. Moore: Can There Be Collateral Estoppel In The Traffic Court? , Daniel T. Gillespie Honorable Jan 1991

People V. Moore: Can There Be Collateral Estoppel In The Traffic Court? , Daniel T. Gillespie Honorable

Loyola University Chicago Law Journal

No abstract provided.


The Vagaries Of Illinois Supreme Court Rule 103(B) Revisited, Robert G. Johnston, Iain D. Johnston Jan 1991

The Vagaries Of Illinois Supreme Court Rule 103(B) Revisited, Robert G. Johnston, Iain D. Johnston

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.


On Trial: Explorations, George Anastaplo Jan 1991

On Trial: Explorations, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki Jan 1990

Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki

Loyola University Chicago Law Journal

No abstract provided.


When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge Jan 1990

When Does Parental Liability End?: Holding Parents Liable For The Acts Of Their Adult Children, Joan Morgridge

Loyola University Chicago Law Journal

No abstract provided.


Address To The 1988 Illinois Judicial Conference, Thomas J. Moran Honorable Jan 1989

Address To The 1988 Illinois Judicial Conference, Thomas J. Moran Honorable

Loyola University Chicago Law Journal

No abstract provided.