Recent Submissions

  • International Child Relocations from U.S. States 

    Parness, Jeffrey A. (2017)
    Child caretaking in the United States today frequently is undertaken by adults who do not operate under court orders or private agreements. The adults may, but need not then be, legal parents. There are usually constraints ...
  • Nonparental Childcare and Child Contact Orders for Grandparents 

    Parness, Jeffrey A.; Yorko, Alexander (2017)
    The U.S. Supreme Court has long recognized that the regulation of certain areas of domestic relations, including standing to seek a childcare order, rests within the virtually exclusive province of the states. State lawmakers ...
  • De Facto Parent and Nonparent Child Support Orders 

    Parness, Jeffrey A.; Timko, Matthew L. (2018)
    For ever so long U.S. state laws have recognized the federal constitutional right to “care, custody and control” of a child vested in the opposite sex married couple who bore the child of sex or in any formal adoptive ...
  • Marriage Equality, Parentage (In)Equality 

    Parness, Jeffrey A. (2017)
    Recently, several quite distinguished commentators have asked how, if at all, the U.S. Supreme Court will speak, after its same sex marriage ruling in Obergefell v. Hodges, to interstate inequalities involving the federal ...
  • Unnatural Voluntary Parentage Acknowledgments Under the 2017 Uniform Parentage Act 

    Parness, Jeffrey A. (2018-10)
    The 2017 Uniform Parentage Act expands the opportunities for formal parentage establishments via voluntary acknowledgements (VAPs) by intended parents with no natural ties to their acknowledged children. This constitutes ...
  • "Attempted Threat" Crimes and Oduwole 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-04-23)
    Last month, an appellate court reversed the conviction of Olutosin Oduwole — a former Southern Illinois University student and aspiring rap artist — for an “attempt to make a terroristic threat” (People v. Oduwole, __ ...
  • Recording Police Interrogations Has Worked -- And Should Be Expanded 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-05-29)
    Legislation to expand the use of audio and video recordings of police interrogations of criminal suspects is now pending in the Illinois General Assembly. As originally conceived, the bills would modify the current statute ...
  • Afterthought Crimes and the Felony Murder Rule in Illinois 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-07-22)
    Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in ...
  • The Oddly Perverse Consequences of Mandatory Sentencing Enhancements 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-08-19)
    In June, the Illinois 2nd District Appellate Court reversed the first-degree murder conviction of defendant Gareng Deng under rather unusual circumstances. Deng, who pleaded guilty to a killing in 2009 in exchange for 35 ...
  • The Evolving Right to Counsel on State Post-Conviction Review 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-09-26)
    Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. ...
  • Dictionary Blues: Judicial Reasoning Muddied by Definition Wrangling 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-10-24)
    Maybe it would be best if judges left their dictionaries on the shelf. That’s the conclusion I reached after reading an Illinois court opinion last month, in which the decision turned on the dictionary definition of a ...
  • Investigative Alerts: Smart Policy or a Way to Skirt Warrants? 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-11-25)
    Chicago’s little-understood “investigative alert” system has been in the news a lot in the past year. It was denounced by an appellate court judge as an “end run” around the Constitution and criticized in a news story as ...
  • Serious Discussions Needed on Police Tactics and False Confessions 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-12-26)
    It’s a phenomenon that detectives, prosecutors, jurors and even defense lawyers typically have trouble believing: Sometimes suspects will confess to serious crimes even when they are completely innocent. “I certainly ...
  • Life Without Parole for Juveniles and the Retroactivity Mess 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-01-20)
    Over the past year, the Illinois appellate courts have been making a muddle of our state’s retroactivity doctrine, stretching the law by ordering some prisoners who committed murders as juveniles to be resentenced. The ...
  • Overcorrecting Jury Instruction Errors 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-02-18)
    In November, a state appellate court threw out the first-degree murder conviction of Daniel Belknap, who had been found guilty in the beating death of a young girl in 2006. The Illinois Supreme Court is now deciding whether ...
  • Pro Bono Scholars Idea Could Enhance Legal Education, Provide Aid to Needy 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-03-26)
    New York’s chief judge, Jonathan Lippman, is floating an idea that in one fell swoop would alter the structure of legal education in his state and enhance legal services for the poor. His Pro Bono Scholars proposal would ...
  • Eavesdrop Law's Demise Means Loss of Privacy 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-04-17)
    Last month, the Illinois Supreme Court struck down a key provision of our state’s anti-eavesdropping laws. The high court held in a pair of cases that it’s unconstitutional to punish someone as a felon simply for audio ...
  • Fascinating Legal Questions Posed in Recent Criminal Law Cases 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-05-15)
    Each month, as I prepare to draft this column, I place new judicial opinions from the Illinois criminal courts into a file folder. I also add newspaper clips covering all sorts of crime-related topics, from flawed police ...
  • Illinois Supreme Court Should Consider Reasonable Doubt Issue 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-06-25)
    Last month, a state appellate court reversed the conviction of Mark Downs —a gang member serving 70 years for the murder of a 6-year-old boy — because the trial court attempted to answer a jury question about the definition ...
  • The Due Process Failings of Student Disciplinary Board Hearings 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2014-07-31)
    If you want to understand why the “technicalities” of a criminal trial are important — things like hearsay rules, an elevated burden of proof and the right to counsel — try sitting in on a university disciplinary hearing, ...

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