Law Commons^™

Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Sarah Dávila A., Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Lawyering Skills And Clinical Cooperation: Teaching Spanish For Lawyers At John Marshall, Kim D. Ricardo, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Forward Progress: A New Pattern Criminal Jury Instruction For Impeachment With Prior Inconsistent Statements Will Ease The Court’S Burden By Emphasizing The Prosecutor’S, 84 Fordham L. Rev. 1455 (2016), Hugh Mundy

UIC Law Open Access Faculty Scholarship

Due in part to the “difficult-to-follow” instruction, the Advisory Committee on the Federal Rules of Evidence (“the Advisory Committee” or “the Committee”) is now contemplating the expansion of Rule 801(d)(1)(A) to allow for the substantive admissibility of all prior inconsistent statements. While a revised rule would obviate the need for a limiting instruction, the change would enable federal prosecutors to offer out-of-court statements of tenuous reliability as proof against criminal defendants. A more just approach lies in a recrafted jury instruction—one which frames the admissibility of prior inconsistent statements in terms of the prosecutor’s burden of proof.

In this Article, …

Avvo Joins The Legal Market; Should Attorneys Be Concerned?, 104 Geo. L.J. Online 184 (2016), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Do Black Lives Matter? Race As A Measure Of Injury In Tort Law, 18 Scholar: St. Mary's L. Rev. & Soc. Just. 41 (2016), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

Discussions of race-related issues are a constant in American society. Within the last year alone, there have been several high profile events that have prompted important debates about race. Most of the events attracting nationwide attention involved the conduct of law enforcement agents, including incidents in which unarmed black men died at the hands of police officers, peaceful protests that turned violent following the failure to indict the police officers involved in those cases and the use of excessive force on black teenagers attending social events and while at school. Other events included the racial identity controversy regarding a member …

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component of the physician-patient relationship.

The Hierarchy Of Priority, 9 J. Bus. Entrepreneurship & L. 153 (2016), Paul T. Wangerin

UIC Law Open Access Faculty Scholarship

Because “priorities” are such an important and difficult issue in Article 9 of the Uniform Commercial Code (“UCC”), most commentators use what might be called an individualized or seriatim approach to priorities. For example, most commentators start by describing the rules of priorities for individual kinds of properties or for individual kinds of transactions. Then the commentators move on to second kinds of properties or transactions and describe the priorities for them, and then to a third, etc. However, because the priority rules are so difficult, the individualized or seriatim approach to discussions of priorities often generates confusion or a …

Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, 40 Seton Hall Legis. J. 29 (2016), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This Article will detail a process that law schools can use to comply with the ABA Standards requiring schools develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article will use the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I will outline the accreditation requirements for developing and publishing learning outcomes. Part II of the Article will provide an overview of the process of curricular planning …

Prepared For Practice? Developing A Comprehensive Assessment Plan For A Law School Professional Skills Program, 50 U.S.F. L. Rev. 245 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

The new ABA Standards and Rules of Procedure for Approval of Law Schools (“ABA Standards”) require law schools to develop and publish learning outcomes that explicitly state what they want their students to be able to do and know upon completion of the law school curriculum. The ABA Standards also require that law schools develop a plan to assess these learning outcomes through course assessment, programmatic assessment,and institutional assessment.In addition to the ABA, regional accreditors of higher education also require that universities and law schools have an extensive learning outcome and assessment plan.These requirements essentially ask schools to …

The Refracted Constitution: Classical Liberalism And The Lessons Of History, 101 Iowa L. Rev. Online 97 (2016), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

As a prism refracts light, bending its rays in different directions and revealing its many colors, the Constitution also refracts the myriad perceptions of its interpreters. The debate published last fall in the Iowa Law Review between Professors Herbert Hovenkamp and Richard Epstein over whether the Constitution is, in the words of Professor Epstein, “a classical liberal document,” reveals divergent perspectives about the role of history in constitutional interpretation. Professor Epstein, who for much of his career has analyzed constitutional issues through the lens of law and economics, is primarily a legal theorist for whom history provides examples of how …

Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016), Jason J. Kilborn

UIC Law Open Access Faculty Scholarship

This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy

UIC Law Open Access Faculty Scholarship

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …

Justice Brennan’S Call To Arms—What Has Happened Since 1977?, 77 Ohio St. L.J. 387 (2016), Ann Lousin

UIC Law Open Access Faculty Scholarship

We are about to observe the fortieth anniversary of the publication of a seminal law review article: State Constitutions and the Protection of Individual Rights by Associate Justice William J. Brennan. This Article was also the basis of a talk Justice Brennan later gave at The New York University Law School. It is often said that this article, one of the most-cited in American legal scholarship, sparked the “new judicial federalism.”

In 1986, I wrote in a tribute to Justice Brennan: “This one law review article, almost by itself, created the renaissance of state constitutionalism.” I have not really changed …

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".

Online Learning And Transactional Skills Courses, 18 Tenn. J. Bus. L. 521 (2016), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, 37 N. Ill. U. L. Rev. 66 (2016), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate Native American gaming. In California v. Cabazon Band of Mission Indians, the State of California, arguing before the Supreme Court, asserted that it could exercise jurisdiction over Native American gaming activities. In a stunning defeat, the Supreme Court ruled against the State of California when it announced its decision …

Testimony To The Un Working Group Of Experts On People Of African Descent, Renee Hatcher

UIC Law Open Access Faculty Scholarship

No abstract provided.