Law Commons^™

Rodriguez At Fifty: Lessons Learned On The Road To A Right To A High-Quality Education For All Students, Kimberly Jenkins Robinson

Loyola University Chicago Law Journal

No abstract provided.

And On The Third Wave: Using Intersectionality To Resurrect Heightened Scrutiny In Public Education Litigation, Chris Chambers Goodman

Loyola University Chicago Law Journal

This Symposium marks the fiftieth anniversary of San Antonio Independent School District v. Rodriguez, and seeks to address how society could have been different if the Supreme Court had recognized education as a fundamental right. It also considers how the lack of a fundamental right to education may have led to the under-education of our population and may be linked to other issues like economic inequality and the shifting landscape of fundamental rights.

This Article focuses on the ties between race and socioeconomic status in public school K–12 education. It analyzes the impact of the Rodriguez holding that education …

A Law & Macroeconomics Critique Of San Antonio Independent School District V. Rodriguez, Steven A. Ramirez

Loyola University Chicago Law Journal

Fifty years ago, the Supreme Court decided, in San Antonio Independent School District v. Rodriguez, to permit states to provide dramatically disparate funding for childhood education from district to district, thereby concretizing and propagating racial and economic inequality indefinitely. This Article shows that this decision entails staggering macroeconomic costs, undermines human development in the United States, and has hindered the government from promoting general welfare, domestic tranquility, and common defense. The opinion pursued the political objectives of the Southern Strategy and does not rest upon a legitimate exercise of judicial power. Rodriguez furthers the replication of our nation’s racial …

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …

Families, Schools, And Religious Freedom, Helen M. Alvaré

Loyola University Chicago Law Journal

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …

San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow

Loyola University Chicago Law Journal

When the Supreme Court of the United States decided San Antonio Independent School District v. Rodriguez, the Court’s five-to-four decision not only closed the door to federal courts to predominantly Mexican American low-income students seeking constitutional protection against unequal public education; it also rejected claims of federal constitutional right to equal educational opportunity, rebuffed calls for heightened judicial scrutiny of classifications drawn on the basis of wealth or poverty, and let stand unaltered school finance arrangements producing different per pupil expenditures depending solely on where students live. Setbacks though can inspire. Faced with the decision in Rodriguez, advocates …

Introduction To Issue Two, Jack Hynes

Loyola University Chicago Law Journal

No abstract provided.

Just Because It's Legal Doesn't Mean You Can Do It: The Legality Of Employee Eavesdropping And Illinois Workplace Recording Policies, Michael J. Gibson

Loyola University Chicago Law Journal

In March 2014, in People v. Clark and People v. Melongo the Illinois Supreme Court held unconstitutional a large portion of the Illinois Eavesdropping Act (“IEA”), one of the nation’s strictest criminal eavesdropping statutes. However, on December 30, 2014, outgoing Governor Pat Quinn signed into law a new eavesdropping statute remedying what Clark and Melongo deemed unconstitutional. Prior to 2014, under the IEA, if employers caught employees recording conversations at work, the employer hardly needed a justification for employee discipline or discharge: the employee was violating the law. Thus, Clark, Melongo, and the December changes to the IEA raise questions …

Class Actions And State Authority, Samuel Issacharoff

Loyola University Chicago Law Journal

As experiments with class actions spread to more distant shores, especially in countries of civil law backgrounds, a recurring question arises: what is the relation of the private class action to the customary regulatory power of the state? The response offered here is that, in fact, the class action stands in three different postures to state authority: as a direct challenge, as a complement, and as a rival. Recent class action cases in the U.S. are analyzed to examine these three functions and to give a distinct justification for each. At bottom, each justification turns on a contested commitment to …

Home Rule Hits The Road In Illinois: American Telephone And Telegraph Co. V. Village Of Arlington Heights, Elizabeth A. Fegan

Loyola University Chicago Law Journal

No abstract provided.

State And Local Government, Richard Troy, Theresa Fehringer

Loyola University Chicago Law Journal

No abstract provided.

Social Investing, Iolta And The Law Of Trusts: The Settlor's Case Against The Political Use Of Charitable And Client Funds, Charles E. Rounds Jr.

Loyola University Chicago Law Journal

No abstract provided.

The Death Penalty: Personal Perspectives, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

Confrontation At Capital Sentencing Hearings: Illinois Violates The Federal Constitution By Permitting Juries To Sentence Defendants To Death On The Basis Of Ordinarily Inadmissible Hearsay, Mark Silverstein

Loyola University Chicago Law Journal

No abstract provided.

State And Local Government, Victor P. Filippini Jr., David Schmidt

Loyola University Chicago Law Journal

No abstract provided.

State And Local Government, Victor P. Fillippini Jr., Paul Racette

Loyola University Chicago Law Journal

No abstract provided.

Local And State Government, Steve Lawrence, Margaret Quinlan

Loyola University Chicago Law Journal

No abstract provided.

Local Governmental Exposure To Antitrust Liability And Treble Damages Awards In The Wake Of City Of Lafayette And City Of Boulder, Thomas S. Malciauskas, Sandra Taliani Rasnak

Loyola University Chicago Law Journal

No abstract provided.

Pennhurst State School & (And) Hospital V. Halderman: Federal Equity Jurisdiction Restricted By Eleventh Amendment Immunity, Laurie D. Jaffe

Loyola University Chicago Law Journal

No abstract provided.

The Municipal Zoning Power And Section 1983 Liability After Owen V. City Of Independence, Margaret M. Fahrenbach

Loyola University Chicago Law Journal

No abstract provided.

A Balancing Analysis: The Construction Of Illinois Home Rule Powers - County Of Cook V. John Sexton Contractors Company, Thomas M. O'Malley

Loyola University Chicago Law Journal

No abstract provided.

Sanitary Landfill Permits In Illinois: State Preemption Of Home Rule Zoning Powers, Ira J. Bornstein

Loyola University Chicago Law Journal

No abstract provided.

The Constitutional Implications Of Discovery Practice In Quasi-Criminal Prosecutions In Illinois, Elaine R. Selvan

Loyola University Chicago Law Journal

No abstract provided.

Executive Orders - Has Illinois A Strong Governor Concept?, Richard E. Favoriti

Loyola University Chicago Law Journal

No abstract provided.

The New Illinois Death Penalty: Double Constitutional Trouble, Mitchell E. Garner

Loyola University Chicago Law Journal

No abstract provided.

Public Lands - The Public Trust Doctrine Includes A Right To Equality Of Access To Municipal Beach Area, Mary Joann Woods

Loyola University Chicago Law Journal

No abstract provided.

Home Rule - Identical Tax Levied By Illinois' Home Rule County And By Municipalities Creates No Conflict, Sally Warner Dawson

Loyola University Chicago Law Journal

No abstract provided.

Mandates Of The National Political Party Clash With Interests Of The Individual States As The Party Executes Its Policy By Abolition Of State Delegate Selection Results: Legal Issues Of The 1972 Democratic Convention And Beyond, Jeffrey J. Kent

Loyola University Chicago Law Journal

No abstract provided.

Defending An Illinois Proceeding For Violation Of A Municipal Ordinance: The Worst Of All Possible Worlds, James Meade

Loyola University Chicago Law Journal

No abstract provided.

Dissent In Chicago: The Response Of Local Government, Raymond F. Simon

Loyola University Chicago Law Journal

No abstract provided.