Law Commons^™

Criminal Justice Citizenship, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

The American criminal justice system is fundamentally democratic and should reflect an ideal of citizenship that is equal, participatory, and deliberative. Unfortunately, the outcomes of criminal cases are now almost always determined by professionals (prosecutors, defense attorneys, and judges) instead of by juries. This overly bureaucratized system of adjudication silences the voice of the people. A better system would strengthen “criminal justice citizenship,” which refers to the right of the citizenry to participate, directly and indirectly, in the criminal justice system and to deliberate in its workings.

The three key principles of criminal justice citizenship are membership, participation, and deliberation. …

Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik

Northern Illinois University Law Review

This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …

Race, Poverty, And Bail: An Annotated Bibliography, Clanitra Stewart Nejdl

Northern Illinois University Law Review

On June 9, 2017, Illinois's Bail Reform Act of 2017 was signed into law by Governor Bruce Rauner. Among other important provisions, the Act creates a presumption that non-monetary release conditions will be granted for defendants, requires that a defendant be provided an attorney for bail determination hearings, provides a bail credit for certain offenses, and authorizes the Illinois Supreme Court to create a non-discriminatory statewide risk assessment tool that could be used to make bail determinations. Despite the crucial improvements to Illinois's bail system achieved through the Act, some advocates argue that further reforms are still needed to protect …

Vol. 6 No. 2, Spring 2015; Homeless Bill Of Rights: How Legislators Get To Feel Pro-Homeless Without Effort Or Money, Hailey Rehberg

Northern Illinois Law Review Supplement

In 2013, Illinois became the second state in the nation to enact a homeless bill of rights to protect homeless persons from discrimination in the right to use and move freely in public spaces in the same manner as any other person, the right to equal treatment by State and municipal agencies, the right not to register to vote and to vote, the right to have personal information protected, and the right to have a reasonable expectation of privacy in his or her personal property. Though legislation to protect the rights of homeless people is necessary, the Illinois Homeless Bill …

Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart

Northern Illinois University Law Review

Religious freedom is a core component of our nation and one of the most widely known and accepted constitutional guarantees provided by the First Amendment. No prior civilization had adopted a national policy that tolerated various religious beliefs while simultaneously refusing to endorse or promote a national religion. Considering the fundamental backdrop of religious tolerance, it might seem unimaginable that a skilled medical technician could be fired from her job, an alleged victim of sexual abuse could have her credibility undermined in a court of law, or a mother could lose custody of her child, under the color of legality, …

Sexual Favoritism: A Cause Of Action Under A "Sex-Plus" Theory, Susan J. Best

Northern Illinois University Law Review

This Comment avers that sexual favoritism is a form of "sex-plus" discrimination. Traditionally, sexual favoritism has been argued as being a form of sexual harassment. Therefore, in order to be successful in a claim for sexual favoritism, a plaintiff must prove sexual harassment. The courts' treatment of sexual favoritism as sexual harassment is problematic for two reasons. First, placing the burden of proof needed for sexual harassment--i.e., proof that the defendant has created a hostile work environment--on plaintiffs injured by sexual favoritism is excessively high. Secondly, because there is no claim under the theory of sexual harassment for instances of …

Inequalities In Illinois Constitutional Equality, Jeffrey A. Parness, Laura Lee

Northern Illinois University Law Review

In 1970 four new equality provisions were added to the Illinois Constitution, including two explicit equal protection provisions and two explicit antidiscrimination provisions. Shortly thereafter, Elmer Gertz, the Chair of the Bill of Rights Committee for the relevant constitutional convention, declared that we in Illinois have gone beyond all other states and the federal government in eliminating discrimination. Unfortunately, a few years later Gertz lamented that while Illinois had the strongest nondiscrimination provisions of any state constitution, these provisions had only yielded unrealized expectations. Today, the 1970 equality mandates continue to be unrealized. This paper reviews the four provisions and …

The Permissibility Of Non-Remedial Justifications For Racial Preferences In Public Contracting, Michael K. Fridkin

Northern Illinois University Law Review

Under Richmond v. J.A. Croson, if a government agency has participated in the systemic exclusion of contractors on the basis of race, the agency has a compelling interest in remedying that discrimination by favoring contractors whose owners belong to the previously excluded race. This remedial defense of racial preferences is the standard notion of affirmative action in public contracting. Of great interest to the government institutions employing racial preferences, however, is whether any non-remedial objectives--separate and distinct from remedying discrimination--may be relied upon to justify the use racial classifications in public contracting and what goals in particular are compelling enough …

Should The Government Be Allowed To Engage In Racial, Sexual, Or Other Acts Of Discrimination?, Walter E. Block, Roy Whitehead

Northern Illinois University Law Review

Arkansas law provides scholarship funds to students who meet specified academic criteria. This article examines the constitutional implications of making direct monetary payments to non-secular schools. It analyzes this practice in light of the Establishment Clause, and claims disparate impact discrimination under current administration of the scholarship program. The merits of a private cause of action under §1983 are addressed. The article concludes with the Libertarian perspective of the issues raised.

Symposium: Work And Family Introduction, Lorraine Schmall

Northern Illinois University Law Review

Work and family problems seem as numerous, and as difficult to deal with as our children. Invidious discrimination, inadequate laws, intra-family dissension all contribute to our woes. But the dialogue has begun, and problem-solving cannot be too far behind.

Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski

Northern Illinois University Law Review

A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.

Mobile V. Bolden: New Standards Of Review For Effective Political Representation, Michael L. Parker

Northern Illinois University Law Review

An analysis of the Court's opinion requiring a showing of purposeful discrimination for claims of vote dilution and the decision's effect upon the success of future challenges to at-large electoral system.