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Full-Text Articles in Law

From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern Jan 2023

From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern

Loyola University Chicago Law Journal

Professor Shai Stern of Bar Ilan University in Israel analyzes the Court’s decision and argues that its approach not only denies a previously recognized constitutional right, but also opens the door for the challenge to other recognized rights. In addition, Professor Stern highlights the Court’s own delegitimization and contribution to rising political polarization.


Introduction To Issue Three, Paul W. Kucinski Jan 2023

Introduction To Issue Three, Paul W. Kucinski

Loyola University Chicago Law Journal

No abstract provided.


Retroactivity And Appointments, Andrew C. Michaels Jan 2021

Retroactivity And Appointments, Andrew C. Michaels

Loyola University Chicago Law Journal

The current law of retroactivity in the Appointments Clause context is confused, resulting in significant practical consequences, such as when courts unnecessarily invalidate prior administrative decisions after judicially removing an unconstitutionality, even where the prior statutory misrepresentation had no apparent effect on the invalidated actions. The Supreme Court has recently been active in the Appointments Clause area without discussing the attendant retroactivity issues, which lower courts are confronting with increased frequency. This article reviews the doctrine of retroactivity and appointments, discusses the relevant academic literature, and proposes a coherent and sensible framework for courts to use when faced with these …


Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay Jan 2013

Origins Of The Privileges And Immunities Of State Citizenship Under Article Iv, Stewart Jay

Loyola University Chicago Law Journal

The Privileges and Immunities Clause of Article IV provides: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” According to Alexander Hamilton, the clause was “the basis of the union,” which may seem odd given its minor significance in modern constitutional law. Part of the reason for its relative unimportance today is the development of constitutional doctrines unforeseeable in the eighteenth century: the invention of the Dormant Commerce Clause and the enactment of the Fourteenth Amendment, which prohibit much of the interstate discrimination that Article IV’s clause was intended to …


Our Divine Constitution, David Schraub Jan 2013

Our Divine Constitution, David Schraub

Loyola University Chicago Law Journal

No abstract provided.


Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett Jan 2010

Judicial Independence And Accountability In An Age Of Unconstitutional Constitutional Amendments, Teresa Stanton Collett

Loyola University Chicago Law Journal

No abstract provided.


Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper Jan 2009

Using Article Iv Of The Illinois Constitution To Attack Legislation Passed By The General Assembly, Michael J. Kasper

Loyola University Chicago Law Journal

No abstract provided.


Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray Jan 2008

Illuminating The Shadows Of Constitutional Space While Tracing The Contours Of Presidential War Power, Saby Ghoshray

Loyola University Chicago Law Journal

No abstract provided.


The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry Jan 2007

The Fourteenth Amendment, Same-Sex Unions, And The Supreme Court, Michael J. Perry

Loyola University Chicago Law Journal

No abstract provided.


Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle Jan 2007

Lessons From The Bill Of Rights About Constitutional Protection For Marriage, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.


The Safe Games Illinois Act: Can Curbs On Violent Video Games Survive Constitutional Challenges?, Lorraine M. Buerger Jan 2006

The Safe Games Illinois Act: Can Curbs On Violent Video Games Survive Constitutional Challenges?, Lorraine M. Buerger

Loyola University Chicago Law Journal

No abstract provided.


The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan Jan 2005

The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan

Loyola University Chicago Law Journal

No abstract provided.


The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich Jan 2005

The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich

Loyola University Chicago Law Journal

No abstract provided.


The Deconstitutionalization Of Education, Erwin Chemerinksy Jan 2004

The Deconstitutionalization Of Education, Erwin Chemerinksy

Loyola University Chicago Law Journal

No abstract provided.


The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky Jan 2004

The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky

Loyola University Chicago Law Journal

No abstract provided.


Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser Jan 2002

Same-Sex Marriages And Civil Unions: On Meaning, Free Exercise, And Constitutional Guarantees, Mark Strasser

Loyola University Chicago Law Journal

No abstract provided.


The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan Jan 2000

The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan

Loyola University Chicago Law Journal

No abstract provided.


The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle Jan 1996

The Use And Abuse Of Rights Rhetoric: The Constitutional Rights Of Children, Lynn D. Wardle

Loyola University Chicago Law Journal

No abstract provided.


Amendments To The Constitution Of The United States: A Commentary, George Anastaplo Jan 1992

Amendments To The Constitution Of The United States: A Commentary, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


Could A Constitutional Amendment Be Unconstitutional? , R. George Wright Jan 1991

Could A Constitutional Amendment Be Unconstitutional? , R. George Wright

Loyola University Chicago Law Journal

No abstract provided.


Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti Jan 1990

Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti

Loyola University Chicago Law Journal

No abstract provided.


People Ex Rel. Daley V. Joyce: Death Knell For The Lockstep Doctrine?, Thomas V. Laprade Jan 1990

People Ex Rel. Daley V. Joyce: Death Knell For The Lockstep Doctrine?, Thomas V. Laprade

Loyola University Chicago Law Journal

No abstract provided.


Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, Michael P. Seng Jan 1989

Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, Michael P. Seng

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law, James M. Parker, Elizabeth M. Troy Jan 1989

Constitutional Law, James M. Parker, Elizabeth M. Troy

Loyola University Chicago Law Journal

No abstract provided.


Interpreting The Illinois Constitution: Illinois Supreme Court Plays Follow The Leader, Roger Kangas Jan 1987

Interpreting The Illinois Constitution: Illinois Supreme Court Plays Follow The Leader, Roger Kangas

Loyola University Chicago Law Journal

No abstract provided.


The United States Constitution Of 1787: A Commentary, George Anastaplo Jan 1986

The United States Constitution Of 1787: A Commentary, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


How To Read The Constitution Of The United States, George Anastaplo Jan 1985

How To Read The Constitution Of The United States, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


Mr. Crosskey, The American Constitution, And The Natures Of Things, George Anastaplo Jan 1984

Mr. Crosskey, The American Constitution, And The Natures Of Things, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


William L. Lamey - Professor Emeritus - Retired June, 1979, Charles W. Murdock Dean Jan 1981

William L. Lamey - Professor Emeritus - Retired June, 1979, Charles W. Murdock Dean

Loyola University Chicago Law Journal

No abstract provided.


William Lamey: A Student's Reminiscence, Kathleen Corcoran Esposito Jan 1981

William Lamey: A Student's Reminiscence, Kathleen Corcoran Esposito

Loyola University Chicago Law Journal

No abstract provided.