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Loyola University Chicago, School of Law

2022

Articles 1 - 30 of 112

Full-Text Articles in Law

Table Of Contents, Annals Of Health Law & Life Sciences Jan 2022

Table Of Contents, Annals Of Health Law & Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.


Welcome To The Digital Age: Reinventing Contact Tracing And The Public Health Service Act For A Modern Pandemic Response, Michael L. Cederblom Jan 2022

Welcome To The Digital Age: Reinventing Contact Tracing And The Public Health Service Act For A Modern Pandemic Response, Michael L. Cederblom

Annals of Health Law and Life Sciences

No abstract provided.


Healthcare Fraud Investigations: Overview Of Overbroad Investigative Regime And Recommendations For A More Targeted Approach, Salvatore Filippello Jan 2022

Healthcare Fraud Investigations: Overview Of Overbroad Investigative Regime And Recommendations For A More Targeted Approach, Salvatore Filippello

Annals of Health Law and Life Sciences

No abstract provided.


Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael R. Ulrich Jan 2022

Addressing Stigma And False Beliefs About Mental Health: A New Direction For Mental Health Parity Advocacy, Claire Sontheimer, Michael R. Ulrich

Annals of Health Law and Life Sciences

No abstract provided.


Table Of Contents, Children's Legal Rights Journal Jan 2022

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


An Early Intervention Approach To Reducing Evictions And Improving Child Welfare, David A. Dana Jan 2022

An Early Intervention Approach To Reducing Evictions And Improving Child Welfare, David A. Dana

Children's Legal Rights Journal

No abstract provided.


Juvenile (In) Justice: Reaffirming Idea's Application In The Juvenile Correctional Context, Jillian Morrison Jan 2022

Juvenile (In) Justice: Reaffirming Idea's Application In The Juvenile Correctional Context, Jillian Morrison

Children's Legal Rights Journal

No abstract provided.


Extreme Religion, Extreme Beliefs: Comparing The Role Of Children's Rights In Extremist Religions Versus Extremist Cults (Qanon), Elizabeth Newland Jan 2022

Extreme Religion, Extreme Beliefs: Comparing The Role Of Children's Rights In Extremist Religions Versus Extremist Cults (Qanon), Elizabeth Newland

Children's Legal Rights Journal

No abstract provided.


"Till Debt Do Us Part": An Analysis Of The Seventh Circuit States' Laws Relating To College Contributions During Divorce Proceedings, Alexa Valenzisi Jan 2022

"Till Debt Do Us Part": An Analysis Of The Seventh Circuit States' Laws Relating To College Contributions During Divorce Proceedings, Alexa Valenzisi

Children's Legal Rights Journal

No abstract provided.


A&E'S Kids Behind Bars: Life Or Parole, Lindsey Aranguren Jan 2022

A&E'S Kids Behind Bars: Life Or Parole, Lindsey Aranguren

Children's Legal Rights Journal

No abstract provided.


Using The Fourth Amendment As A Weapon To Keep Students In School, Adina Romaner Jan 2022

Using The Fourth Amendment As A Weapon To Keep Students In School, Adina Romaner

Children's Legal Rights Journal

No abstract provided.


Maryland's New Child Interrogation Protection Act Will Provide Much Needed Safeguards For Youth, Haley Shefferman Jan 2022

Maryland's New Child Interrogation Protection Act Will Provide Much Needed Safeguards For Youth, Haley Shefferman

Children's Legal Rights Journal

No abstract provided.


Table Of Contents, Children's Legal Rights Journal Jan 2022

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.


Children Are Actors Too: In Search For Child Refugees' Agency, Stanislaw Kraweicki Jan 2022

Children Are Actors Too: In Search For Child Refugees' Agency, Stanislaw Kraweicki

Children's Legal Rights Journal

No abstract provided.


Helping Asylum Seekers And New Asylees Find Their Way In The United States, Kristin Briner Jan 2022

Helping Asylum Seekers And New Asylees Find Their Way In The United States, Kristin Briner

Children's Legal Rights Journal

People seek asylum in the United States (U.S.) when their home country is no longer safe due to persecution or other forms of violence. However, obtaining asylum is a notoriously complicated process due to the numerous government agencies involved, the immigration courts' backlogs, and the possibility of detention while awaiting a hearing. The current U.S. immigration system is itself a large barrier to individuals seeking asylum, and information regarding legal rights and protections are often inaccessible to asylum seekers. In this way, the U.S. immigration officials cause massive injustices against asylum seekers and those who have been granted asylum ("asylees"). …


The Ukrainian Family Separation Crisis, Amanda Scott Jan 2022

The Ukrainian Family Separation Crisis, Amanda Scott

Children's Legal Rights Journal

In the aftermath of the Russian invasion of Ukraine in February 2022, there has been a dramatic increase in Ukrainian family separation. Women and their children were forced to leave their homes and oftentimes their husbands, to seek safety in another country. Family separation was an expected consequence of the war, and in preparation for this disaster, UNICEF trained thousands of people on how to shelter children separated from their families in Ukraine. However, no amount of preparation could have been sufficient to handle the magnitude of Ukrainian family separation that took place within such a short amount of time. …


The Unborn Child Support Act: Support For Expecting Mothers Or Pro-Fetus Personhood Act, Taelor Thornton Jan 2022

The Unborn Child Support Act: Support For Expecting Mothers Or Pro-Fetus Personhood Act, Taelor Thornton

Children's Legal Rights Journal

Since the decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade in 2022, Republican Senators have proposed a new bill, the Unborn Child Support Act, that would allow prospective mothers to request child support from their child's prospective fathers from the moment of conception as determined by a physician. Under the Act, paternity tests are only conducted if the mother consents, and if the safety of the child can be maintained. The bill originates from the idea that life begins at conception, allowing women to receive child support payments while they are pregnant from their child's father …


Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti Jan 2022

Endangered By Junk Science: How The New Zealand Family Court's Admission Of Unreliable Expert Evidence Places Children At Risk, Carrie Leonetti

Children's Legal Rights Journal

No abstract provided.


Table Of Contents, Loyola University Chicago International Law Review Jan 2022

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto Jan 2022

Coming Full Circle On Human Rights In The Global Economy: International Economic Law Tools To Realize The Right To Development, Diane A. Desierto

Loyola University Chicago International Law Review

This article argues that the discipline and profession of international economic law has undergone a significant architectural change to focus on human rights law as both the premise and promise of the international economic system. Contrary to prevailing currents that focus on the irrelevance of the global economic system to realize human rights, this article argues that international economic law tools have already been converging within the last decade to authentically realize the Right to Development of individuals, groups, and populations. The Draft Convention on the Right to Development defines the right as the enjoyment, participation, and contribution of individuals, …


Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate Jan 2022

Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate

Loyola University Chicago International Law Review

Policy debates on the rights and international status of climate refugees, environmental migrants, or environmentally displaced persons have unleashed detailed scholarly commentaries over the last decade, and virtually all standpoints have been scrutinized in literature already. Nevertheless, one aspect of this debate has gone somewhat off the radar in recent years: the (co-)responsibilities of incorporated subsidiaries of transnational corporations in triggering or exacerbating pseudo-environmentally motivated mass-movements of workers and related strata of the populations domiciled where these corporations operate. Despite such neglect, mentioned exploitative occurrences only increased in recent years, and the trend speaks for their further expansion …


Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell Jan 2022

Boundary Blurring In International Law: Globalization, Climate Change, And Cooperation In The Indus Basin, Michael John Cornell

Loyola University Chicago International Law Review

This comment proposes that, to achieve better water cooperation in the Indus Basin, lawyers involved in hydropower development projects should factor into socio-legal research and policy-making as potentially transformative stakeholders. With climate change driving the steady reduction of shared glacially-sourced river waters in India, China, and Pakistan, the need for regional water cooperation has never been higher. The comment first considers the origins and mechanisms of the 1960 Indus Waters Treaty, signed between India and Pakistan, followed by the impact of the related 2013 Kishenganga Arbitration. Next, in light of the three countries' competing economic, political, and security interests, the …


The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer Jan 2022

The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer

Loyola University Chicago International Law Review

This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …


Table Of Contents Jan 2022

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.


Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker Jan 2022

Israel's Nation-State Law And The Resulting Violations Of The Convention On The Rights Of The Child, Darlene M. Burker

Loyola University Chicago International Law Review

This article argues that through the institution of the Nation-State law by Israel's parliament, the Knesset, and Israel's Supreme Court subsequently finding the law to be constitutional, Israel has violated the United Nation's ("U.N.") Convention on the Rights of the Child ("Convention"). Specifically, the Nation­ State law violates seven articles of the Convention through two declarations: Is­ raeli settlements shall now be recognized as a national value, and the right of self-determination will be unique to the Jewish people, to the exclusion of Pales­ tinian people. The articles within the Convention that are most blatantly violated are Articles 8, 27, …


Table Of Contents, Loyola University Chicago International Law Review Jan 2022

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards Jan 2022

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …


Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott Jan 2022

Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott

Loyola University Chicago International Law Review

In 2000, UNSCR 1325 on Women, Peace, and Security called on the international community to fully implement international humanitarian law ("THL") that protects the rights of women and girls during armed conflict. Since then, work in this area has largely avoided the parts of IHL that deal with the application of armed force. The International Committee of the Red Cross ("ICRC") is now well along in the process of updating its influential commentaries on the 1949 Geneva Conventions and the 1977 Additional Protocols. To fully implement UNSCR 1325 vis-a-vis IHL, the ICRC should use this opportunity to revise the Commentary …


Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski Jan 2022

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …


Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs Jan 2022

Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs

Loyola University Chicago International Law Review

This article compares the historical development, purpose and legacy, and subsequent reconciliation and reparations efforts of Indigenous residential and boarding schools in the United States and Canada. In both nations, these schools comprised but one piece of a carefully crafted network of federal policies aimed at the removal, assimilation, and cultural genocide of Indigenous peoples, and as a result, had destructive and lasting effects on those they oppressed. By taking a comparative approach and examining the laws and policies surrounding boarding schools in light of settler colonialism, this article hopes to illuminate the efficacy of reconciliation efforts of each nation. …