Law Commons^™

Article Xiv, Section 3 Of The Illinois Constitution: A Limited Initiative To Amend The Article On The Legislature, 48 Loy. U. Chi. L.J. 899 (2017), Ann Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Justice Brennan’S Call To Arms—What Has Happened Since 1977?, 77 Ohio St. L.J. 387 (2016), Ann Lousin

UIC Law Open Access Faculty Scholarship

We are about to observe the fortieth anniversary of the publication of a seminal law review article: State Constitutions and the Protection of Individual Rights by Associate Justice William J. Brennan. This Article was also the basis of a talk Justice Brennan later gave at The New York University Law School. It is often said that this article, one of the most-cited in American legal scholarship, sparked the “new judicial federalism.”

In 1986, I wrote in a tribute to Justice Brennan: “This one law review article, almost by itself, created the renaissance of state constitutionalism.” I have not really changed …

Town Of Greece And City Of Saguenay: Non-Establishment Principles With Or Without An Establishment Clause, 14 First Amend. L. Rev. 343 (2016), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

In 1982, the Illinois legislature passed the Illinois Domestic Violence Act (the Act) and most recently passed an updated version in 2012. This Article examines how the specialized domestic violence courthouse in Chicago implements these laws.

Where the courthouse falls short, this Article will explore why, what can be done, and consider implications for other jurisdictions seeking to implement similar resources for survivors of domestic violence. The results from this empirical study are mixed. On the positive side, the data reflect that judges are properly applying many important aspects of the new order of protection laws and granting a high …

Free, But Still Behind Bars: Reading The Illinois Post-Conviction Hearing Act To Allow Any Person Convicted Of A Crime To Raise A Claim Of Actual Innocence, 35 B.C. J. L. & Soc. Just. 1 (2015), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have completed their sentence are barred from pursuing post-conviction relief under the Act, regardless of the existence of exculpatory evidence that supports their innocence. Removing this procedural roadblock and interpreting the Act broadly to allow any person convicted of a crime to raise a claim of actual …

Why Illinois Should Adopt Federal Rule Of Evidence 803(18) To Allow The Learned Treatise Exception To The Hearsay Rule, 39 S. Ill. U. L.J. 275 (2015), Ralph Ruebner, Katarina Durcova, Amy Taylor

UIC Law Open Access Faculty Scholarship

Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 ("FRE 703")' and 705 ("FRE 705") by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes.

Adopting the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for admitting learned treatises and allowing them as substantive evidence. Now that Illinois …

Changing Residency For Illinois Tax Purposes, 40 S. Ill. U. L.J. 11 (2015), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

Currently, Illinois is in a financial crisis. Amidst this crisis, the First District Appellate Court of Illinois, in 2012, decided Cain v Hamer. In Cain, the issue was whether a pair of snowbirds (retirees spending the winter months in a warmer climate and returning to Illinois each year) were residents of Illinois for income tax purposes when they spent roughly an equal amount of time in Illinois as in Florida. The court narrowed the issue of residency down to two important issues; namely, whether the taxpayers (the “Cains”) changed domicile, and if so, whether their visits to Illinois were temporary …

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s strict …

Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova

UIC Law Open Access Faculty Scholarship

Effective January 1, 2013, two new Illinois Supreme Court rules clarify and limit the waiver of the attorney-client privilege and work product protection rule. Illinois Rule of Evidence 502 ("IRE 502"), which spells out the limitations on waiver, is accompanied by a "clawback provision" in Illinois Supreme Court Rule 201(p) ("Rule 201(p)") that details the procedural steps a disclosing party should take to successfully assert the privilege following an inadvertent discovery disclosure. Additionally, these changes clarify the mandatory duty of the receiving party. IRE 502 was modeled on Federal Rule of Evidence 502 ("FRE 502") and Rule 201(p) was modeled …

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

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.

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe

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

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

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 …

Illinois Courts And The Law Of Miranda Waivers: A Policy Worth Preserving, 30 N. Ill. U. L. Rev. 429 (2010), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Introduction: The Florida Example, 32 Nova L. Rev. 515 (2008), Anthony Niedwiecki, William E. Adams

UIC Law Open Access Faculty Scholarship

No abstract provided.

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.

'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Revision Del Codigo Civil Y La Responsabilidad Civil Extracontractual (Parte Ii); Una Propuesta Alternativa Al Borrador De La Comision De Revision, 74 Rev. Jur. U.P.R. 1 (2005), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.