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Full-Text Articles in Law

Justice Alito, Originalism, And The Aztecs, Andrew Koppelman Jan 2023

Justice Alito, Originalism, And The Aztecs, Andrew Koppelman

Loyola University Chicago Law Journal

No abstract provided.


Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley Jan 2023

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …


From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern Jan 2023

From Conciliation To Conflict: How Dobbs V. Jackson Women's Health Organization Reshapes The Supreme Court's Role In American Polarized Society, Shai Stern

Loyola University Chicago Law Journal

Professor Shai Stern of Bar Ilan University in Israel analyzes the Court’s decision and argues that its approach not only denies a previously recognized constitutional right, but also opens the door for the challenge to other recognized rights. In addition, Professor Stern highlights the Court’s own delegitimization and contribution to rising political polarization.


Haaland V. Brackeen: The Decision That Threatened The Indian Child Welfare Act’S Protections Of Native Families In Illinois, Kennedy Ray Fite Jan 2023

Haaland V. Brackeen: The Decision That Threatened The Indian Child Welfare Act’S Protections Of Native Families In Illinois, Kennedy Ray Fite

Loyola University Chicago Law Journal

The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States’ tragic history of family separation in tribal communities, including removal of native children who were subsequently placed into federal boarding schools or non-native homes by a child-welfare system grounded in white-American assumptions. Congress recognized the vital nature of Native American culture for native children and the importance of native children to tribal …


Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun Jan 2023

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun

Loyola University Chicago Law Journal

How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett.1 In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.”2 Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue …


Virtual Justice: Measuring Perceptions Of Fairness In Civil And Criminal Courts, Kaitlyn Filip, Kat Albrecht Jan 2023

Virtual Justice: Measuring Perceptions Of Fairness In Civil And Criminal Courts, Kaitlyn Filip, Kat Albrecht

Loyola University Chicago Law Journal

COVID-19 had an instant effect on the court system in the United States as court business ground to a halt and then transitioned to being conducted online. Now the courts have a substantial decision to make concerning how much court business should continue being conducted online and what court business should return entirely to in-person proceedings. Because of the relative recency of digital court modalities, the body of existent research is small. Moreover, the existing universe of law research takes pre-pandemic in-person proceedings as a necessary baseline instead of considering virtual courts as a potential mechanism for improving enduring problems …


Pogg Post References Re Greenhouse Gas Pollution Pricing Act Ggppa, Fenner L. Stewart Jan 2023

Pogg Post References Re Greenhouse Gas Pollution Pricing Act Ggppa, Fenner L. Stewart

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In References re Greenhouse Gas Pollution Pricing Act, the Supreme Court of Canada addressed whether Parliament had the legislative competency to set and enforce minimum national standards for greenhouse gas emissions pricing. The Court held that it did, applying the national concern doctrine to establish that the Greenhouse Gas Pollution Pricing Act comes under Parliament’s “Peace, Order, and good Government” power. Below, I explore three aspects of the majority’s judgment that are likely to reappear in future division of powers cases: (1) its account of national concern doctrine’s judicial development; (2) its application of the validity test’s classification stage; and …


“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington Jan 2023

“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by judges govern their legal analysis. It begins with a summary of the background in Chouhan: the issue before the Court (the abolition of peremptory challenges) and how the judgment resolved that issue by constitutionally vindicating the impartiality of systemically white juries (an unfortunate continuation of the Court’s widely critiqued judgment in Kokopenace). Then, the paper analyzes Chouhan through the lens of baselines. First, the paper uses Chouhan to describe what …


Copyright Infringement And Enforcement In Ghana: A Comparative Study, Doreen Adoma Agyei Jan 2023

Copyright Infringement And Enforcement In Ghana: A Comparative Study, Doreen Adoma Agyei

SJD Dissertations

Copyright infringement is a widespread problem in developed and developing nations and particularly concerning in Ghana. Many talented creators in Ghana have a strong desire to produce original creative works and are enthusiastic about committing themselves to this pursuit. Additionally, many more aspire to pursue these endeavours into professional careers. However, upon releasing their works, they are unfortunately immediately faced with infringements in nearly all copyright industries. These violations have become so common that they have unfairly placed rightsholders’ original works in competition with the infringers. Within this context, many talented creators, mostly self-funded, lack the incentive to pursue their …


Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Christopher Levesque, Kimberly Horner, Linus Chan Jan 2023

Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Christopher Levesque, Kimberly Horner, Linus Chan

Articles

In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United States. Our interviews with removal defense attorneys in the U.S. Upper Midwest illustrate how these punishments intersect with one another and push attorneys to adopt strategies that may not lead to winning a case, but intend to protect their clients by losing as slowly as possible. …


Clause Essentialism And The Third Reconstruction, Anthony Michael Kreis Jan 2023

Clause Essentialism And The Third Reconstruction, Anthony Michael Kreis

Constitutional Commentary, Vol. 37 and later (2023–present)

No abstract provided.


You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz Jan 2023

You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz

FIU Law Review

After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …


The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe Jan 2023

The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe

The Rural Educator

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …


The Future Is Electric: Nuclear Energy’S Role In Combating Climate Change And The Regulatory Measures To Enable Its Advancement, Autumn Clark Jan 2023

The Future Is Electric: Nuclear Energy’S Role In Combating Climate Change And The Regulatory Measures To Enable Its Advancement, Autumn Clark

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


An Agricultural Plastic Crisis: How Federally Endorsed Biodegradable Plastics Could Liberate The Industry In The Eleventh Hour, Samantha Davenport Jan 2023

An Agricultural Plastic Crisis: How Federally Endorsed Biodegradable Plastics Could Liberate The Industry In The Eleventh Hour, Samantha Davenport

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Is The Russian-Ukrainian Conflict Finally The Tipping Point For Criminal Liability When The Environmental And Natural Resources Are Weaponized In Armed Conflict? An Analysis Of The Karachun Dam Attack, Mary Jocelyn Jan 2023

Is The Russian-Ukrainian Conflict Finally The Tipping Point For Criminal Liability When The Environmental And Natural Resources Are Weaponized In Armed Conflict? An Analysis Of The Karachun Dam Attack, Mary Jocelyn

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Research Use Of Electronic Health Records: Patients' Views On Alternative Approaches To Permission, Catherine Hammack-Aviran, Kathleen Brelsford, Kevin Mckenna, Ross Graham, Zachary Lampron, Galen Perdikis Jan 2023

Research Use Of Electronic Health Records: Patients' Views On Alternative Approaches To Permission, Catherine Hammack-Aviran, Kathleen Brelsford, Kevin Mckenna, Ross Graham, Zachary Lampron, Galen Perdikis

Law Faculty Scholarship

This study examines patients’ perspectives on alternative approaches to notifying individuals and obtaining permission for the research use of electronic health record (EHR) data. As EHR systems increasingly support large-scale health research, questions arise regarding how best to balance scientific progress with patient autonomy, privacy, and trust. Using qualitative interviews with 120 patients across four socioeconomically diverse counties in the southeastern United States, the researchers explored attitudes toward three primary models of permission: General Notification, Broad Permission, and Categorical Permission. Participants evaluated the advantages and disadvantages of each approach from multiple perspectives, including those of patients, researchers, and healthcare organizations. …


Overlapping Surgeries From The Patient's Perspective, Yangzi Liu, Shirley Chen, Catherine Hammack-Aviran, Brian C. Drolet, Galen Perdikis Jan 2023

Overlapping Surgeries From The Patient's Perspective, Yangzi Liu, Shirley Chen, Catherine Hammack-Aviran, Brian C. Drolet, Galen Perdikis

Law Faculty Scholarship

This study examines patients’ perspectives on alternative approaches to notifying individuals and obtaining permission for the research use of electronic health record (EHR) data. As EHR systems increasingly support large-scale health research, questions arise regarding how best to balance scientific progress with patient autonomy, privacy, and trust. Using qualitative interviews with 120 patients across four socioeconomically diverse counties in the southeastern United States, the researchers explored attitudes toward three primary models of permission: General Notification, Broad Permission, and Categorical Permission. Participants evaluated the advantages and disadvantages of each approach from multiple perspectives, including those of patients, researchers, and healthcare organizations. …


Changing The Conversation Around Big Oil Climate Commitments, Hannah Thompson Jan 2023

Changing The Conversation Around Big Oil Climate Commitments, Hannah Thompson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


A Legislative Call-To-Action: Applying Capture Theory To Combat The Risk Of Private Industry’S Excess Influence Over The Fda’S Regulation Of Livestock Antibiotics, Nathaniel Richey Jan 2023

A Legislative Call-To-Action: Applying Capture Theory To Combat The Risk Of Private Industry’S Excess Influence Over The Fda’S Regulation Of Livestock Antibiotics, Nathaniel Richey

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan Jan 2023

Yu V. Apple – The Abstract Idea Conundrum: It’S Time To Either Adopt The Dictionary Definitions Or Abandon The Unworkable Abstract Idea Doctrine, 56 Uic L. Rev. 301 (2023), Raguraman Kumaresan

UIC Law Review

No abstract provided.


His Ship Has Sailed—Expelling Columbus From Cultural Heritage Law, Emily T. Behzadi Jan 2023

His Ship Has Sailed—Expelling Columbus From Cultural Heritage Law, Emily T. Behzadi

Faculty Scholarship

Latin America is a region rich with cultural heritage that existed for centuries before its antiquities were looted, trafficked, and sold on the international market. The language used to classify these objects of cultural heritage has been a tool of oppression and erasure. In reference to those objects of historical importance, auction houses, dealers, museums, and even looters themselves consistently use the term “Pre-Columbian.” “Pre-Columbian,” which means “before Columbus,” defines the historical period prior to the establishment of the Spanish culture in the national territories of Mexico, Central America, South America, and the Caribbean islands. In fact, this definition is …


Volume 47 (2023), Canada-United States Law Journal Jan 2023

Volume 47 (2023), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Friday Luncheon Keynote, The Hon. James Blanchard, Rachel Poynter Jan 2023

Friday Luncheon Keynote, The Hon. James Blanchard, Rachel Poynter

Canada-United States Law Journal

No abstract provided.


A Defense Perspective On A Reliable And Sustainable Supply Of Critical Minerals, Matthew D. Zolnowski Jan 2023

A Defense Perspective On A Reliable And Sustainable Supply Of Critical Minerals, Matthew D. Zolnowski

Canada-United States Law Journal

Canada-United States Law Institute 2022 Experts' Meeting


Pilot, Not Passenger: Canada's Role In Space, Michael Beyers Jan 2023

Pilot, Not Passenger: Canada's Role In Space, Michael Beyers

Canada-United States Law Journal

15th Annual Canada-United States Institute Distinguished Lecture


Precarious Work And Independent Contractors: An Overview And Comparative Analysis Of Recent Developments In California And Ontario, Lou Beckett Jan 2023

Precarious Work And Independent Contractors: An Overview And Comparative Analysis Of Recent Developments In California And Ontario, Lou Beckett

Canada-United States Law Journal

No abstract provided.


Preparing For The Crypto Winter: Complexities In Cryptocurrency Exchange Insolvencies, Roula Khairalla Jan 2023

Preparing For The Crypto Winter: Complexities In Cryptocurrency Exchange Insolvencies, Roula Khairalla

Canada-United States Law Journal

No abstract provided.


The Work-Life Virus: Working From Home And Its Implications For The Gender Gap And Questions Of Intersectionality, Tammy Katsabian Jan 2023

The Work-Life Virus: Working From Home And Its Implications For The Gender Gap And Questions Of Intersectionality, Tammy Katsabian

Oklahoma Law Review

No abstract provided.


Three Ways To Sit Under A Shady Grove: The Uncertain Future Of The Oklahoma Citizens Participation Act In Federal Court, Nicholas Rinehart Jan 2023

Three Ways To Sit Under A Shady Grove: The Uncertain Future Of The Oklahoma Citizens Participation Act In Federal Court, Nicholas Rinehart

Oklahoma Law Review

No abstract provided.