Law Commons^™

Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton

Chicago-Kent Law Review

Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to …

The Need To Criminalize Revenge Porn: How A Law Protecting Victims Can Avoid Running Afoul Of The First Amendment, Adrienne N. Kitchen

Chicago-Kent Law Review

Revenge porn occurs when someone posts sexually explicit images of their former paramour on the web, often with contact information for the victim’s work and home. There are thousands, perhaps tens of thousands, of victims. Victims lose or quit their jobs; they are harassed by strangers; some change their name or alter their appearance. Some victims resort to suicide; others are stalked, assaulted, or killed. Civil suits fail to remove the images or deter perpetrators. Current criminal laws are insufficient in several common instances. These shortcomings mean there is a need to criminalize revenge porn.

Revenge porn is obscene and …

Open Markets, Competitive Democracy, And Transparent And Reliable Legal Systems: The Three Legs Of Development, James R. Jones

Chicago-Kent Law Review

In the 1990s, reform swept through Latin America. Open markets replaced closed economies. Real democracy replaced one-party rule and rigged elections. For about half of the region's population, economic and political conditions improved—yet the gap between the rich and poor widened. The poor half received little or no tangible benefits from these economic and democratic reforms. This article argues that the most difficult and probably most important reform remains to be accomplished: the reform of the legal and regulatory systems throughout Latin America. Until that happens, dreams of first-world recognition and respectability will elude Latin nations.

Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon

Chicago-Kent Law Review

The inception of antitrust policy in Latin America is marred with misconceptions about the role of this policy. The seemingly pro-competitive goals declared under the law collide with the pursuit of welfare efficiency goals that could impair the natural outcomes of unfettered market forces. This article argues that the inherent contradiction between the stated goals of antitrust policy and its practical effects ultimately rests on the lack of analytical relevance attached to the institutional milieu within which antitrust policy is to produce its effects. Institutional connections are necessary to convey relevant information across the system; without these, the market would …

United States V. Booker: The Presumption Of Prejudice In Plain Error Review, Deborah S. Nall

Chicago-Kent Law Review

United States v. Booker created a sea change in the law by rendering the federal sentencing guidelines advisory rather than mandatory. Although it is clear that federal appellate courts are to use the plain error standard when Booker error is raised for the first time on direct appeal, the Supreme Court of the United States offers no guidance in Booker for the proper interpretation of the third plain error prong, when the error prejudices a defendant's substantial rights. This omission has created an intercircuit split over the correct application of the substantial rights prong of plain error review in cases …