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Northwestern Pritzker School of Law

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Articles 1 - 30 of 394

Full-Text Articles in Law

American Law Enforcement Responses To Covid-19, Matthew B. Kugler, Mariana Oliver, Jonathan Chu, Nathan R. Lee Apr 2021

American Law Enforcement Responses To Covid-19, Matthew B. Kugler, Mariana Oliver, Jonathan Chu, Nathan R. Lee

JCLC Online

No abstract provided.


State Courts Must Combat Mass Incarceration By Granting Broader Retroactivity To New Rules Than Is Provided Under The Federal Teague V. Lane Test, Jamila Johnson, Talia Macmath Apr 2021

State Courts Must Combat Mass Incarceration By Granting Broader Retroactivity To New Rules Than Is Provided Under The Federal Teague V. Lane Test, Jamila Johnson, Talia Macmath

JCLC Online

No abstract provided.


Where Should We Land?: Flyover Districts As Proper Venue For Crimes Committed In Air On Domestic Flights, Megan E. Mccarthy Apr 2021

Where Should We Land?: Flyover Districts As Proper Venue For Crimes Committed In Air On Domestic Flights, Megan E. Mccarthy

JCLC Online

This Essay explores the recently resolved circuit split between the Ninth, Tenth, and Eleventh Circuits regarding the proper venue for crimes committed on an airplane during flight. In 2019, the Ninth Circuit held that the proper venue for trying an assault that happened midflight was the district over which the airplane was flying when the assault occurred. While flyover districts may seem like a surprising and inconvenient choice for venue, flyover districts are the only constitutionally proper venue for point-in-time offenses that occur on airplanes during flight. Furthermore, using current aviation tracking protocols and GPS technology, courts can pinpoint the ...


Covid In Menard, Deandre Banks Oct 2020

Covid In Menard, Deandre Banks

JCLC Online

No abstract provided.


Pandemic Thoughts While On Lock, Kevin Dugar Oct 2020

Pandemic Thoughts While On Lock, Kevin Dugar

JCLC Online

No abstract provided.


Sick Deal: Injustice And Plea Bargaining During Covid-19, Ryan T. Cannon Oct 2020

Sick Deal: Injustice And Plea Bargaining During Covid-19, Ryan T. Cannon

JCLC Online

No abstract provided.


Following Data: The "Defund The Police" Movement's Implications For Elementary And Secondary Schools, Michael Heise, Jason P. Nance Oct 2020

Following Data: The "Defund The Police" Movement's Implications For Elementary And Secondary Schools, Michael Heise, Jason P. Nance

JCLC Online

Nationwide calls to “Defund the Police,” largely attributable to Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider “defunding” school resource officer (“SRO/police”) programs. To be sure, school districts’ SRO/police programs endure as a subject of persistent scholarly and public scrutiny, particularly relating to how a school’s SRO/police presence influences the school’s student discipline reporting policies and practices. How schools report student discipline and whether the process involves referrals to law enforcement agencies matter, particularly as they may fuel a growing “school-to-prison pipeline.” The “school-to-prison pipeline” research literature features two ...


The Opportunity In Crisis: How 2020'S Challenges Present New Opportunities For Prosecutors, Chesa Boudin Oct 2020

The Opportunity In Crisis: How 2020'S Challenges Present New Opportunities For Prosecutors, Chesa Boudin

JCLC Online

No abstract provided.


Crisis And Coercive Pleas, Thea Johnson Oct 2020

Crisis And Coercive Pleas, Thea Johnson

JCLC Online

No abstract provided.


Learning Facts From Fiction In Jay-Z'S 99 Problems, Karl T. Muth Apr 2020

Learning Facts From Fiction In Jay-Z'S 99 Problems, Karl T. Muth

JCLC Online

No abstract provided.


Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan Feb 2020

Kafka's Court: Seeking Law And Justice At Guantanamo Bay, Alka Pradhan

NULR Online

No abstract provided.


Alienating Citizens, Amanda Frost Aug 2019

Alienating Citizens, Amanda Frost

NULR Online

Denaturalization is back. In 1967, the Supreme Court declared that denaturalization for any reason other than fraud or mistake in the naturalization process is unconstitutional, forcing the government to abandon its aggressive denaturalization campaigns. For the last half century, the government denaturalized no more than a handful of people every year. Over the past year, however, the Trump Administration has revived denaturalization. The Administration has targeted 700,000 naturalized American citizens for investigation and has hired dozens of lawyers and staff members to work in a newly created office devoted to investigating and prosecuting denaturalization cases.

Using information gathered from ...


Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts Dec 2018

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

NULR Online

No abstract provided.


#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman Oct 2018

#Sowhitemale: Federal Civil Rulemaking, Brooke D. Coleman

NULR Online

116 out of 136. That is the number of white men who have served on the eighty-two-year-old committee responsible for creating and maintaining the Federal Rules of Civil Procedure. The tiny number of non-white, non-male committee members is disproportionate, even in the context of the white-male-dominated legal profession. If the rules were simply a technical set of instructions made by a neutral set of experts, then perhaps these numbers might not be as disturbing. But that is not the case. The Civil Rules embody normative judgments about the values that have primacy in our civil justice system, and the rule-makers ...


Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall May 2018

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall

NULR Online

Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market ...


Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen May 2018

Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen

NULR Online

The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes ...


Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell Apr 2015

Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell

NULR Online

Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments by ruling that “the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.” In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 1791, the Court turned to “the relative interpretive skills of ...


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer Feb 2015

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy Feb 2015

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman Feb 2015

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh Jan 2015

Sox On Fish: A New Harm Of Overcriminalization, Todd Haugh

NULR Online

No abstract provided.


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Jan 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

NULR Online

No abstract provided.


How Not To Apply Actavis, Michael A. Carrier Dec 2014

How Not To Apply Actavis, Michael A. Carrier

NULR Online

No abstract provided.


“Single Point Of Entry”: The Promise And Limits Of The Latest Cure For Bailouts, John Crawford Nov 2014

“Single Point Of Entry”: The Promise And Limits Of The Latest Cure For Bailouts, John Crawford

NULR Online

No abstract provided.


Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill Nov 2014

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

NULR Online

No abstract provided.


Patent Imperialism, Bernard Chao Oct 2014

Patent Imperialism, Bernard Chao

NULR Online

No abstract provided.


Inventing Around Copyright, Dan L. Burk Sep 2014

Inventing Around Copyright, Dan L. Burk

NULR Online

No abstract provided.


Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian Sep 2014

Forced Decryption As Equilibrium—Why It’S Constitutional And How Riley Matters, Dan Terzian

NULR Online

No abstract provided.


Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke Aug 2014

Is Resistance To Foreign Law Rooted In Racism?, Sheldon Bernard Lyke

NULR Online

No abstract provided.