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Full-Text Articles in Law

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer Mar 2018

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer

Chicago-Kent Law Review

A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …


Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille Mar 2018

Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille

Chicago-Kent Law Review

This paper engages the evolving dignity takings framework, first developed by Bernadette Atuahene, in the context of contemporary American street gangs (e.g. Crips, Bloods, Latin Kings, etc.). Contrary to most popular accounts, it starts with a reimagined and complicated notion of street gangs that emphasizes not their secondary or tertiary violence and criminality but their primary function as corporate institutions engaged in the sustained, transgressive creation of alternative markets for the creation of the types of property interests that scholars have associated with the development and pursuit of identity and “personhood.” From this perspective, the paper applies the dignity takings …


Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo Mar 2018

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo

Chicago-Kent Law Review

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …


Sharing Public Safety Helicopters, Henry H. Perritt Jr. Apr 2014

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey Jan 2012

It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey

All Faculty Scholarship

This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …


Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein Jan 2012

Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein

All Faculty Scholarship

This article considers whether a statute or rule of court allowing the prosecution to appeal a directed verdict of not guilty, or its equivalent, would be constitutional under the Double Jeopardy Clause.


Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey Jan 2011

Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.


Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey Jan 2011

Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.


The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey Jan 2009

The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.


Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For "New And Compelling Evidence", David S. Rudstein Jun 2007

Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For "New And Compelling Evidence", David S. Rudstein

All Faculty Scholarship

No abstract provided.


Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein Mar 2005

Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder Feb 2002

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein Mar 2001

"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein

All Faculty Scholarship

No abstract provided.


"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein Mar 2001

"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein

David S Rudstein

No abstract provided.


Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein Mar 1995

Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein Mar 1994

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein Mar 1994

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

David S Rudstein

No abstract provided.


White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein Mar 1991

White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein

All Faculty Scholarship

No abstract provided.


White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein Mar 1991

White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein

David S Rudstein

No abstract provided.


The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein Mar 1982

The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein

All Faculty Scholarship

No abstract provided.


The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein Mar 1982

The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein

David S Rudstein

No abstract provided.