Law Commons^™

A Taxonomy Of The Hardships Children Of Immigrant Parents Face Following Parental Deportation And Recommendations To Protect The Children’S Rights, Heather Sanborn

Chicago-Kent Law Review

No abstract provided.

Table Of Contents, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman

Chicago-Kent Law Review

No abstract provided.

Bye, Bye, Bilinguals: The Removal Of English- Spanish Bilinguals From The Criminal Jury And Latino Discrimination, Ashley Rich

Chicago-Kent Law Review

No abstract provided.

Bipa: What Does It Stand For?, Paige Smith

Chicago-Kent Law Review

No abstract provided.

Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons

Chicago-Kent Law Review

No abstract provided.

Introduction To Reviving The American Jury, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.

From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta

Chicago-Kent Law Review

No abstract provided.

How To Talk So Juries Will Listen, Janet Randall

Chicago-Kent Law Review

No abstract provided.

Discussing Privacy In Sec Subpoena Practice After Carpenter V. United States, William A. Ballentine

Chicago-Kent Law Review

No abstract provided.

The Grass Is Greener Somewhere: Protecting Privacy Rights Of Medical Cannabis Patients In The Workplace, Benjamin West

Chicago-Kent Law Review

No abstract provided.

Vol. 38, No. 2, Cass T. Casper

The Illinois Public Employee Relations Report

Emergent Issues in the Law of Employee Terminations

By Cass T. Casper

Recent Developments

“Traditional Principles Of Equity?” How Seventh Circuit False Advertising Precedent Minimizes The Burden On Plaintiffs Who Move For Preliminary Injunctions, Joseph P. Trunk

Seventh Circuit Review

Companies advertise to gain a competitive edge, but sometimes these advertisements can be deceiving and harm consumers. Under the Lanham Act, plaintiffs can move for preliminary injunctions to stop or modify advertisements before a full trial on the merits of their false or deceptive advertising claims. Seventh Circuit Lanham Act precedent minimizes the burden on plaintiffs who move for preliminary injunctions. If the Seventh Circuit reversed this precedent, the burden on plaintiffs at this stage of the litigation would align both with equitable and economic principles.

The Seventh Circuit recently upheld a preliminary injunction in Eli Lilly & Co. v. …

Grin And “Bare” It: The Seventh Circuit’S Stamp Of Approval On Unreasonable Fourth Amendment Violations, Ashley L. Surinak

Seventh Circuit Review

The Fourth Amendment guarantees the people’s right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Originally conceived as a property-based protection against arbitrary invasions by officials during the colonial era, the Fourth Amendment has since been interpreted to guarantee a reasonable expectation of privacy in other areas, too. In fact, since the 1960s, courts interpreted the Fourth Amendment with a keen awareness of advancing technology. Courts have done so in order to navigate the scope of the Amendment’s protections as the government’s prying eye and uninvited ear threatened the sanctity of protected areas …

Anything But Established: The Seventh Circuit’S Desertion Of Supreme Court Establishment Clause Jurisprudence, Samantha M. Ruben

Seventh Circuit Review

Establishment Clause jurisprudence is anything but “established.” The Establishment Clause provides that “Congress shall make no law respecting an establishment of religion.” There are four primary methods that the Supreme Court created to analyze whether the Establishment Clause has been violated: the Lemon test, Endorsement Test, Coercion Test, and the historical approach. The Supreme Court has never adopted one clear test, leaving the circuit courts to decide which one to use.

Despite the Court creating the most recent Establishment Clause test in Town of Greece v. Galloway, the historical approach, the Seventh Circuit continues to solely apply the other …

I Might Stay Awhile: The Fundamental Right To Vote In A Residency Vs. Domicile, Bryant L. Roby Jr.

Seventh Circuit Review

The right to vote is a vital aspect of the United States Constitution, and it is a fundamental right that is uniformly cherished throughout the nation. Yet, the right to vote is not fundamental for citizens residing in U.S. territories. The Seventh Circuit upheld this principle in Segovia v. United States. This resulted in the court using a rational basis test instead of strict scrutiny to analyze the Plaintiff’s Equal Protection Claim. The court first held that the plaintiffs lacked standing to bring the case under the Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”). In turn the court …

Combating The Opioid Crisis: How A Discretionary Departure May Encourage Application Of The “Death Results” Sentencing Enhancement, Mara A. Somlo

Seventh Circuit Review

In March 2018, the National Institute on Drug Abuse declared the misuse of and addiction to opioids a national crisis. With the number of drug overdose deaths exceeding 72,000 in 2017, then–U.S. Attorney General Jeff Sessions instituted a policy instructing federal prosecutors to pursue the most serious, readily provable offense. To combat the opioid epidemic, federal prosecutors can seek the “death results” sentencing enhancement, which creates a mandatory minimum sentence of twenty years when a defendant commits a drug offense and death or serious bodily injury results from the use of the drug. This sentence is significantly longer than the …

Do An Attorney’S Actions Constitute His Client’S Intent?: The Seventh Circuit’S Broadening Of The Principles Of Waive, Alice Ward

Seventh Circuit Review

A defendant waives his right to an argument only when he intentionally chooses not to make that argument. Waiver precludes appellate review and extinguishes error. When a defense lawyer does not make an argument due to oversight or negligence, the defendant forfeits that right, and the defendant’s appeal of that issue is subject to plain error review. In United States v. Scott, the Seventh Circuit analyzed whether a criminal defendant had waived his rights to allocute and challenge his sentence of supervised release imposed at a revocation hearing. The district court judge imposed a sentence of thirty-six months supervised …

Sanctuary Jurisdictions: In A System Of Checks And Balances Who Has The Authority To Defeat Them?, Susana A. Sandoval Vargas

Seventh Circuit Review

During President Trump’s campaign, he vowed to deport the “bad hombres”—all immigrants with serious criminal records. His administration, however, is deporting more than just Mexican “criminals, drug dealers, and rapists.” The Department of Justice, under President Trump, has aggressively enforced federal immigration laws, invoking great fear in immigrant communities across the nation. In response to this hardline position on immigration enforcement, several jurisdictions throughout the United States declared themselves “sanctuaries,” or reaffirmed their already in-place sanctuary status. Generally, sanctuary jurisdictions limit the enforcement of federal immigration laws against immigrants with strong ties to the community that have no serious criminal …

You’Re Hot Then You’Re Cold, You’Re Yes Then You’Re No: How Inconsistency In The Courts Leaves Employers And Employees Vulnerable, Andrea Mireles

Seventh Circuit Review

While federal labor and employment laws try to categorize employers and employees, the lines remain blurry. Via unhelpful definitions, inconsistent application or ever-changing tests, employers and employees are often left vulnerable under these statutes—the employer because it is not clear whether he is liable under the law, and the employee because it is not clear whether he is protected under the law.

In this Note, I discuss the Seventh Circuit’s recent case regarding an indirect employer and how to establish an employment relationship under the ADA. This Note suggests that the Seventh Circuit did not properly apply a five-factor test …

Editor Preface, Eva Dickey

Seventh Circuit Review

No abstract provided.

Can President Trump Be Impeached As Mr. Trump? Exploring The Temporal Dimension Of Impeachments, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.

The Power To “Try” “Cases Of Impeachment”: Some Reflections On The Finality, Transparency And Integrity Of Senate Adjudications Of Presidential Impeachments (Including That Of Donald J. Trump), Vikram D. Amar, Jason Mazzone

Chicago-Kent Law Review

No abstract provided.

Impeachment As A ‘Madisonian Device’ Reconsidered, Amanda Hollis-Brusky

Chicago-Kent Law Review

No abstract provided.

The Senate, The Trump Impeachment Trial And Constitutional Morality, Joel K. Goldstein

Chicago-Kent Law Review

No abstract provided.

Like “Nobody Has Ever Seen Before”: Precedent And Privilege In The Trump Era, Heidi Kitrosser

Chicago-Kent Law Review

No abstract provided.

The Misguided On-Off Theory Of Congressional Authority, Steven D. Schwinn

Chicago-Kent Law Review

No abstract provided.

Age Diversity, Alexander Boni-Saenz

All Faculty Scholarship

This Article is the first to examine age diversity in the legal literature, mapping out its descriptive, normative, and legal dimensions. Age diversity is a plural concept, as heterogeneity of age can take many forms in various human institutions. Likewise, the normative rationales for these assorted age diversities are rooted in distinct theoretical foundations, making the case for or against age diversity contextual rather than universal. A host of legal rules play a significant role in regulating age diversity, influencing the presence of different generations in the workplace, judiciary, and Congress. Better understanding the nature and consequences of age diversity …

Does Fair Use Matter? An Empirical Study Of Music Cases (Forthcoming), Edward Lee

All Faculty Scholarship

Copyright law recognizes fair use as a general limitation. It is assumed that fair use provides breathing room above and beyond the determination of infringement to facilitate the creation of new works of expression. This conventional account presupposes that fair use matters—that is, fair use provides greater leeway to a defendant than the test of infringement. Despite its commonsense appeal, this assumption has not been empirically tested. Except for fair uses involving exact copies (for which infringement would otherwise exist), it has not been proven that fair use makes much, if any, difference in results. Indeed, in one sector, the …

Reason And Conviction: Natural Rights, Natural Religion, And The Origins Of The Free Exercise Clause (Forthcoming), Steven Heyman

All Faculty Scholarship

No abstract provided.