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Articles 1 - 30 of 43
Full-Text Articles in Law
A Silver Bullet: Should The Mere Presence Of Ammunition Create A Reasonable Suspicion Of Criminal Activity?, 48 J. Marshall L. Rev. 843 (2015), Kyle Gruca
UIC Law Review
No abstract provided.
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
Jones, Lackey, And Teague, 48 J. Marshall L. Rev. 961 (2015), J. Richard Broughton
UIC Law Review
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Troubleshooting Legal Malfunction: Lexmark And Consumer Standing Under The Lanham Act, 48 J. Marshall L. Rev. 453 (2015), Jeremy Rovinsky
Troubleshooting Legal Malfunction: Lexmark And Consumer Standing Under The Lanham Act, 48 J. Marshall L. Rev. 453 (2015), Jeremy Rovinsky
UIC Law Review
This article suggests that the recent Lexmark decision, while resolving the confusion relating to Lanham Act standing requirements, does nothing to protect those most vulnerable—the consumers. Congress must explicitly declare that consumers have standing under the Lanham Act when they have been damaged by purchasing falsely represented goods or services. Section I provides a history of the Lanham Act and illustrates how different courts initially allowed and then precluded consumers from bringing claims under Section 43(a)’s “any person” language. Section II critiques the opinions that have found no consumer standing, including the Supreme Court’s recent Lexmark decision. Section III highlights …
The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett
UIC Law Review
This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …
Free Exercise For All: The Contraception Mandate Cases And The Role Of History In Extending Religious Protections To For-Profit Corporations, 48 J. Marshall L. Rev. 605 (2015), Joseph Swee
UIC Law Review
No abstract provided.
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison
UIC Law Review
The World War I (WWI) era generated the substantive First Amendment. Subsequent jurisprudence, however, has focused on the speech right and left the right to assemble underdeveloped. This is so because courts, lawyers, and scholars view the WWI cases as speech cases. In fact, these cases implicitly tested the assembly right more than they have been read to test the speech right because they involved “membership crime” – criminal conspiracy in federal and state courts, and criminal syndicalism at the state level. This Article uncovers the importance of the assembly right during the substantive First Amendment’s generation. It therefore serves …
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
Confronting The Overcriminalization Of America, 48 J. Marshall L. Rev. 757 (2015), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Summing It Up With Panache: Framing A Brief's Summary Of The Argument, 48 J. Marshall L. Rev. 991 (2015), Judith Fischer
Summing It Up With Panache: Framing A Brief's Summary Of The Argument, 48 J. Marshall L. Rev. 991 (2015), Judith Fischer
UIC Law Review
Experts have called an appellate brief’s summary of the argument section “the most important part of a brief,” its “structural centerpiece,” and “your first serious opportunity to argue the merits of your appeal.” Two theories, framing theory and priming theory, help explain why the summary is so important. Framing theorists define a frame as a mental structure that provides a lens through which a recipient will “locate, perceive, identify, and label” an experience. The way a point is framed affects what readers focus on when forming their opinions. A similar concept, priming theory, holds that exposing a reader to chosen …
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen
UIC Law Review
This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney
Judges Are Not ‘Super-Referees’: Why A Qualified Statutory Exemption To The Sherman Act Is Needed To Reform The Ncaa And Its Exploitive Amateur Model, 49 J. Marshall L. Rev. 125 (2015), Christopher Sweeney
UIC Law Review
This Comment will analyze the historical application of antitrust laws to the rules and regulations of the NCAA and argue that, in light of a recent shift in judicial treatment, the next round of antitrust litigation threatens to destroy the entire NCAA model.
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
A Fair Day’S Pay? Why Workers Deserve More From The Federal Minimum Wage, 49 J. Marshall L. Rev. 167 (2015), Claire Whitehead
UIC Law Review
This Comment will examine the benefits and pitfalls of a federal minimum wage while keeping the original reasons for labor reform in mind.
Nip It In The Bud: Compassionate Use Of Medical Cannabis Pilot Program Act Does Not Provide Employees A Legal Remedy For Adverse Action Based Upon Use In Compliance With The Statute, 49 J. Marshall L. Rev. 193 (2015), Tyler Duff
UIC Law Review
This legal dichotomy, the federal illegality and state legality, is the reason why Illinois, with its passing of the Compassionate Use of Medical Cannabis Pilot Program Act (“the CUA”), and its promises of protection for patients, may not prevent an employer from terminating an employee for marijuana use in compliance with the CUA. This comment provides that the CUA does not, and could not, provide registered users a viable cause of action for such discipline.
Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015), Jennifer Cassel
Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015), Jennifer Cassel
UIC Law Review
This article briefly discusses the history of legislative action and negotiations that led up to the negotiation and promulgation of the Illinois Hydraulic Fracturing Regulatory Act (the Act) in June 2013. It also summarizes and discusses numerous provisions in the Act that were of particular interest to environmental groups engaged in negotiating the Act, as well as the Act’s implementing regulations finalized in November 2014. Finally, it provides a brief discussion of the status of fracking activity in Illinois right now and a forecast for the near future.
The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015), Lincoln Davies, Victoria Luman
The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015), Lincoln Davies, Victoria Luman
UIC Law Review
No abstract provided.
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond
UIC Law Review
No abstract provided.
Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015), Richard Roddewig, W. James Hughes
Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015), Richard Roddewig, W. James Hughes
UIC Law Review
No abstract provided.
Big Talk And Little Action On Renewable Energy, 49 J. Marshall L. Rev. 571 (2015), Rachael Salcido
Big Talk And Little Action On Renewable Energy, 49 J. Marshall L. Rev. 571 (2015), Rachael Salcido
UIC Law Review
The United States has been in pursuit of a conflicting objective—pursuing an “all of the above” energy policy while trying to reduce emissions that drive climate change. As the United States pursues climate mitigation objectives, renewable energy must be built out in every region of the country. This article explores the tension between renewable energy development and its visible conflicts with land and wildlife conservation and environmental protection goals. While it is certain that climate change will bring devastating harms to the planet, the adoption of an aggressive renewable energy build-out will also have environmental impacts. Managing these impacts is …
Biting The Bullet: Why The Gun Free Schools Act Must Be Repealed To Protect Student Speech, 49 J. Marshall L. Rev. 593 (2015), Aaron Brand
UIC Law Review
No abstract provided.
Doping In Cycling: Incentivizing The Reporting Of Uci Anti-Doping Rules Violations Through Organizational Oversight And Accountability, 49 J. Marshall L. Rev. 625 (2015), Tom Laser
UIC Law Review
No abstract provided.
Supply And Demand: Immigration Of The Highly-Skilled And Educated In The Post-9/11 Market, 48 J. Marshall L. Rev. 419 (2015), Julia Funke
UIC Law Review
Post-9/11 immigration law and policy has had a significant impact on immigrants residing in the U.S. lawfully. Specifically, individuals applying for and immigrating using nonimmigrant employment and education visas have seen a markedly changed environment. Since this directly affects the U.S. economy, its impact cannot be underestimated. Therefore, the sections that follow will address the immigration of the highly skilled and educated in the post-9/11 market, specifically focusing on H-1B visas. Section II will begin with an explanation of the current U.S. immigration system, highlighting the restrictions on employment-based visas. Next, Section III will provide an overview of the H-1B …
An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich
An Overview Of The Grossly Inconsistent Definitions Of “Gross Negligence” In American Jurisprudence, 48 J. Marshall L. Rev. 471 (2015), Olga Voinarevich
UIC Law Review
On one side of the spectrum, certain courts, such as New York, define gross negligence as conduct that borders intentional wrongdoing. On the other side of the spectrum, courts continue to recognize the degrees of negligence and differentiate between various degrees of care. Between these two approaches, there is inconsistency. For instance, some Illinois decisions equate gross negligence to recklessness, while others define it as nothing more than “very great negligence.” This Article concludes that the latter may be the proper standard relied upon by a majority of the recent decisions interpreting Illinois law, but advocates for a uniform definition …
Manufacturing A Run: How Major League Baseball Can Use The Morals Clause To Clean Up Baseball, 48 J. Marshall L. Rev. 539 (2015), Nathan Law
UIC Law Review
This Comment will explore the applicability of the morals clause to the PED scandals that have afflicted baseball in the twenty-first century and how it might be employed to clean up the sport. This Comment first discusses the development of the morals clause in sports and entertainment contracts. Then the Comment proposes a revision to the morals clause in MLB players’ contracts to effectively deal with the PED issue.
Taming The Wild West Of Wall Street: Regulating Credit Default Swaps After Dodd-Frank, 48 J. Marshall L. Rev. 565 (2015), Benjamin O’Connor
Taming The Wild West Of Wall Street: Regulating Credit Default Swaps After Dodd-Frank, 48 J. Marshall L. Rev. 565 (2015), Benjamin O’Connor
UIC Law Review
No abstract provided.
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill
Overselling Images: Fmri And The Search For Truth, 48 J. Marshall L. Rev. 651 (2015), Erica Beecher-Monas, Edgar Garcia-Rill
UIC Law Review
No abstract provided.
Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively
UIC Law Review
No abstract provided.
Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller
Scottie Pippen’S Airball: On The Role Of Fiduciary Duty Law In Illinois Professional Liability Cases, 48 J. Marshall L. Rev. 777 (2015), William Lynch Schaller
UIC Law Review
No abstract provided.
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
Silence Is Not Golden, 48 J. Marshall L. Rev. 821 (2015), Greer Goldberg
UIC Law Review
No abstract provided.
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. 911 (2015), Colleen Shannon
UIC Law Review
No abstract provided.
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
The Little “Black” Pill: Dressing Unlikely Murderers For Defense Success, 48 J. Marshall L. Rev. 933 (2015), Cassandra Wich
UIC Law Review
No abstract provided.
A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber
A Survey Of Illinois Code Of Civil Procedure Section 2-619(A), 48 J. Marshall L. Rev. 1009 (2015), Wm. Dennis Huber
UIC Law Review
The paper examines the requirements of each section of Illinois Code of Civil Procedure Section 2-619(a) in greater depth by examining appellate and Illinois Supreme Court rulings in cases brought under each section of 2-619(a). It also analyzes the standards of review appellate courts apply under each section of 2-619(a). Finally, because 619(a) motions require affidavits in support of the motion, it is also necessary to consider the nature and sufficiency of affidavits