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State and Local Government Law

Journal

2014

UIC Law Review

Articles 1 - 13 of 13

Full-Text Articles in Law

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic Jan 2014

Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic

UIC Law Review

No abstract provided.


The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn Jan 2014

The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn

UIC Law Review

This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.


The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak Jan 2014

The Usual Suspects: Judicial Review Of State Laws That Target Undocumented Immigrants, 47 J. Marshall L. Rev. 1127 (2014), Jonathan Svitak

UIC Law Review

This Comment will attempt to balance the interests of Arizona and Alabama in combating the growing problem of undocumented immigration against the interest of the documented and undocumented aliens and U.S. citizens protected by the Equal Protection Clause.


Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin Jan 2014

Where Are We At? The Illinois Constitution After Forty-Five Years, 48 J. Marshall L. Rev. 1 (2014), Ann Lousin

UIC Law Review

No abstract provided.


Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney Jan 2014

Stubhub's Tug At The Municipal Purse String: Why The Home-Rule Taxing Powers Enumerated In The Illinois Constitution Must Remain Broad And Strong, 48 J. Marshall L. Rev. 37 (2014), Joseph Kearney

UIC Law Review

The issues facing Illinois cities are equally, if not more, important today as in 1970 and will require local leaders to be able to use all governance tools at their disposal. The ability of a municipality to raise revenue is arguably one of the most important expressly granted by home rule. Accordingly, the Stubhub case should be viewed with caution going forward, as it raises the possibility of potentially serious challenges to municipal home rule power in the future. This article, then, will do several things. First, it will give the reader a concise definition and history of the constitutional …


Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven Jan 2014

Attention Gun-Rights Advocates! Don't Forget The Illinois Constitutional Right To Keep And Bear Arms, 48 J. Marshall L. Rev. 53 (2014), James Leven

UIC Law Review

This Article will show that Kalodimos’s reasoning is deeply flawed and also that developments in the law following that decision demonstrate that it is no longer viable.


Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar Jan 2014

Is Welching On Public Pension Promises An Option For Illinois? An Analysis Of Article Xiii, Section 5 Of Illinois Constitution, 48 J. Marshall L. Rev. 167 (2014), Eric Madiar

UIC Law Review

This Article reviews not only the Pension Clause’s language and origins, but also the constitutional convention debates discussing it, and relevant court decisions construing the provision. The Article also evaluates the arguments made by legal commentators on behalf of particular stakeholders about whether the Clause allows the legislature to cut the pension benefits of current public employees and retirees as well as other related issues. The Article concludes that the General Assembly cannot unilaterally cut the pension benefits of current employees or retirees as a means to reduce the State’s existing pension liabilities based on the Clause’s plain language, the …


Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett Jan 2014

Stop Presumptive Transfers: How Forcing Juveniles To Prove They Should Remain In The Juvenile Justice System Is Inconsistent With Roper V. Simmons & Graham V. Florida, 48 J. Marshall L. Rev. 365 (2014), Rachel Fugett

UIC Law Review

Overly expansive juvenile transfer laws are inconsistent with the Court’s reasoning because their primary objective is to transfer juveniles into the adult criminal justice system solely for the purpose of punishing and sentencing them like adults. In so doing, expansive juvenile transfer laws, more often than not, largely ignore a juvenile’s diminished culpability and greater capacity for change.


A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi Jan 2014

A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi

UIC Law Review

Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s own ordinance. Chicago’s Landmarks Ordinance, …


Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce Jan 2014

Statutory Solutions For A Common Law Defect: Advancing The Nurse Practitioner-Patient Privilege, 47 J. Marshall L. Rev. 1077 (2014), Rebecca Pierce

UIC Law Review

This Comment advocates the necessity for a statutory nurse practitioner-patient privilege throughout the states.


More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak Jan 2014

More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak

UIC Law Review

No abstract provided.


Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill Jan 2014

Escape From Freedom: Why “Limited Lockstep” Betrays Our System Of Federalism, 48 J. Marshall L. Rev. 325 (2014), Timothy P. O'Neill

UIC Law Review

The Illinois Supreme Court has ironically chosen to make the Illinois Constitution completely insignificant in several areas of constitutional law. It has accomplished this through “the limited lockstep doctrine.” This approach is used to interpret cognate provisions of the U.S. and Illinois Constitutions.


Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke Jan 2014

Illinois Gets An “F” In Public School Financing, 48 J. Marshall L. Rev. 141 (2014), Matthew Locke

UIC Law Review

Contrary to the Federal Constitution, almost every state constitution, including Illinois’s, specifically guarantees its citizens’ the right to a free and efficient education provided by the state. This article will advocate for a number of reforms, which will minimize spending disparities across the state, enhance equality in per-pupil funding, and lower overall operating cost.