Now showing items 1-20 of 170

    • Abortions of the Parental Prerogatives of Unwed Natural Fathers: Deterring Lost Paternity 

      Parness, Jeffrey A. (2000)
      A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth ...
    • Adoption Notices to Genetic Fathers: No to Scarlet Letters, Yes to Good Faith Cooperation 

      Parness, Jeffrey A. (2005)
      American courts and legislatures have struggled to define the participation rights of genetic fathers in governmental adoption schemes for infants born to unwed mothers as a result of consensual sexual intercourse. Federal ...
    • Affirmative Action After Grutter and Gratz 

      Cordes, Mark W. (2004)
      This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to ...
    • 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 ...
    • Agricultural Zoning: Impacts and Future Directions 

      Cordes, Mark W. (2002)
      Farmland preservation has become a growing societal concern over the past two decades and is now a common component of any serious discussion of environmental land-use controls. All levels of government have perceived ...
    • American General Jurisdiction Trial Courts: New Visions, New Guidelines 

      Parness, Jeffrey A. (2006)
      Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ...
    • American State Constitutional Equalities 

      Parness, Jeffrey A. (2010)
      Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, ...
    • Amor Y Esperanza: A Latina Lesbian Becomes a Law Professor 

      Arriola, Elvia R. (Journal of Legal Education, 2017)
      Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought ...
    • Arming the Pregnancy Police: More Outlandish Concoctions? 

      Parness, Jeffrey A. (1992)
      Emotions abound when encountering a newborn with disabilities which will inevitably lead to an early death or to a less than whole and healthy life. It is especially painful when such disabilities were preventable. Anger ...
    • "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, __ ...
    • The Authority of Illinois Lawyers to Settle Their Clients' Civil Claims: On Principles Not Quite Settled 

      Parness, Jeffrey A.; Bartlett, Austin (2000)
      The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive ...
    • Automatic Elections 

      Oswalt, Michael M. (2014)
      The idea that the right mix of conditions will spark workers to engage in mass collective action is a theme sometimes invoked by labor movement writers, activists, and reformers. It is also an assumption found — and ...
    • Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention 

      Falkoff, Marc D. (2009)
      The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ...
    • Bagram, Boumediene, and Limited Government 

      Falkoff, Marc D. (2010)
      The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how ...
    • Beyond Red Light Enforcement Against the Guilty But Innocent: Local Regulations of Secondary Culprits 

      Parness, Jeffrey A. (2011)
      Automated traffic enforcement schemes, employing speed and red light cameras, are increasingly used by local governments in the United States. In some schemes, traffic violations are pursued against the owners as well as ...
    • Bong Hits 4 Jesus: Making Sense of Free Speech in High Schools 

      Cordes, Mark W. (2008-11)
      The Supreme Court’s most recent high school speech case, Morse v. Fredericks, 127 S.Ct. 2618 (2007), generated much attention, perhaps more than the specific issue before the Court was worth. Much of that attention, of ...
    • Bust Out without Breaking Up 

      Oswalt, Michael M. (The Murphy Institute, City University of New York, 2015-12-28)
      ( Response to “Careful What You Wish For: A Critical Appraisal of Proposals to Rebuild the Labor Movement” by Lance Compa, originally published in New Labor Forum on December 28, 2015). Lance Compa is right: alt-labor ...
    • Challenges in Handling Imprecise Parentage Matters 

      Parness, Jeffrey A. (2015)
      Legal parentage under American state laws is significantly and rapidly evolving. And, it is increasingly imprecise. No longer is legal parentage only defined at precise moments in time or for particular conduct, as by ...
    • The Challenges “Facing” Copyright Protection for Tattoos 

      King, Yolanda M. (2013)
      This Article addresses the ambiguity regarding the legal protectability of tattoos and the negative impact such ambiguity has on the rights of tattoo artists and their clients/customers. Notwithstanding the lack of federal ...
    • Choices About Attorney Fee-Shifting Laws: Further Substance/Procedure Problems under Erie and Elsewhere 

      Parness, Jeffrey A. (1988)
      Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that ...