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Constitutional Law

2011

UIC Law Open Access Faculty Scholarship

Articles 1 - 7 of 7

Full-Text Articles in Law

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy Jan 2011

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.


Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin Jan 2011

Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.


How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin Jan 2011

How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin

UIC Law Open Access Faculty Scholarship

Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author's views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the citizens …


Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp Jan 2011

Ricci V. Destefano And Disparate Treatment: How The Case Makes Title Vii And The Equal Protection Clause Unworkable, 39 Cap. U. L. Rev. 1 (2011), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan Jan 2011

The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.


Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green Jan 2011

Currency Of Love: Customary International Law And The Battle For Same-Sex Marriage In The United States, 14 U. Pa. J.L. & Soc. Change 53 (2011), Sonia Bychkov Green

UIC Law Open Access Faculty Scholarship

No abstract provided.


Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard Jan 2011

Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, 44 U. Mich. J.L. Reform 557 (2011), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine's important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting "in good faith" or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …