UIC Law Open Access Faculty Scholarship

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Submissions from 2021 2021

 

Can Federal Courts Hear Challenges by Private Plaintiffs or the Federal Government to Halt the Enforcement of a Law That Authorizes Private Citizens to Sue Doctors for Providing an Abortion after Six Weeks of Pregnancy? (21-463) (21-588), Steven D. Schwinn

 

Did the Department of Health and Human Services Exceed Its Statutory Authority When It Reduced the Reimbursement Rate for Medicare Part B Prescription Drugs for Hospitals That, by Statute, Pay a Deeply Discounted Price for Those Drugs? Does the Medicare Statute Allow Judicial Review of This Question? (20-1114), Steven D. Schwinn

 

Did the Federal Communications Commission Sufficiently Analyze the Impact on Racial Minority and Female Ownership of Media When it Repealed Its Broadcast Ownership Rules?, Steven D. Schwinn

 

Does an Elected Body Violate the First Amendment When It Censures One of Its Members for Critical and Disruptive Public Speech?, Steven D. Schwinn

 

Does Arizona Violate the Voting Rights Act by Discarding All Ballots Submitted in the Wrong Precinct or by Prohibiting Third-Party Ballot Collections?, Steven D. Schwinn

 

Does a State's Ban on Abortion after 15 Weeks of Pregnancy Violate the Constitution?, Steven D. Schwinn

 

Does Austin's City Code, Which Distinguishes between on-Premises Signs (Which May Be Digitized) and off-Premises Signs (Which May Not), Constitute an Impermissible Content-Based Regulation of Speech, in Violation of the First Amendment?, Steven D. Schwinn

 

Does California's Regulation That Affords Union Organizers a Limited Right to Access a Business Where Agricultural Employees Work Constitute a Per Se Taking of the Business Owner's Property?, Steven D. Schwinn

 

Does California's Requirement That Charitable Non-Profits Disclose to the State Attorney General the Identities of Their Substantial Donors Violate the Right to Free Association?, Steven D. Schwinn

 

Does New York's Requirement That an Applicant Demonstrate "Proper Cause" for a License to Carry a Firearm outside the Home Violate the Second Amendment?, Steven D. Schwinn

 

Does Section 1806(f) of the Foreign Intelligence Surveillance Act, Which Requires Certain Judicial Procedures When the Government Seeks to Protect Evidence in Certain Cases Involving the National Security, Displace the State Secrets Privilege?, Steven D. Schwinn

 

Does the First Step Act of 2018 Allow Individuals Who Committed Low-Level Crack Offenses before 2010 to Move for a Reduction in Their Sentences?, Steven D. Schwinn

 

Does the Government's Invocation of the State Secrets Privilege Require Courts to Quash Subpoenas in Toto, when the Subpoenas Are Directed at Government Contractors for Both Concededly Privileged Information and for Information That Is Already Public?, Steven D. Schwinn

 

Does the NGA Validly Delegate to Private Corporations the Federal Government's Power of Eminent Domain to Acquire State Property for a Natural Gas Pipeline? Did the Lower Court Have Jurisdiction to Rule on This Question?, Steven D. Schwinn

 

May a Police Officer Enter a Home without a Warrant When the Officer Pursues a Person That the Officer Has Probable Cause to Believe Has Committed a Misdemeanor?, Steven D. Schwinn

 

May a State Exclude Private Schools with Overtly Religious Missions from a State Program That Provides Private-School Tuition to Students Who Live in Districts with No Public Schools?, Steven D. Schwinn

 

When a Federal Appeals Court Reviews a District Court's Order Remanding a Case to State Court, Does the Appeals Court Have Jurisdiction to Review All the Grounds for Removal, or Only the Federal-Officer or Civil-Rights Grounds for Removal? (19-1189), 48 Preview U.S. Sup. Ct. Cas. 21 (2021), Steven D. Schwinn

 

Restorative Justice: A Model For Conciliating Fair Housing Disputes, 21 J.L. Soc'y 63 (2021), Michael Seng

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Recent Developments in International Litigation, 56 Tort Trial & Ins. Prac. L.J. 505 (2021), Mark E. Wojcik

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Sexual Orientation and Gender Identity, 55 ABA/SIL YIR 329 (2021), Mark E. Wojcik

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The UN at 75: Success Stories From the Trusteeship System, 33 Pace Int'l L. Rev. 309 (2021), Mark E. Wojcik

Submissions from 2020 2020

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Gut Renovations: Using Critical and Comparative Rhetoric to Remodel How the Law Addresses Privilege and Power, 23 Harv. Latinx L. Rev. 1 (2020), Elizabeth Berenguer, Lucy Jewel, and Teri A. McMurtry-Chubb

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El profesionalismo y los retos futuros a la profesión legal, Alberto Bernabe

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Guarding the Guardians: Should Guardians ad Litem Be Immune From Liability For Negligence?, 51 Loy. U. Chi. L.J. 1001 (2020), Alberto Bernabe

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Teaching with Feminist Judgments: A Global Conversation, 38 Law & Ineq. 1 (2020), Bridget Crawford, Kathryn Stanchi, Linda Berger, Gabrielle Appleby, Susan Frelich Appleton, Ross Astoria, Sharon Cowan, Rosalind Dixon, J. Troy Lavers, Andrea McArdle, Elisabeth McDonald, Teri A. McMurtry-Chubb, Vanessa Munro, and Pamela Wilkins

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Making A Case for the Right to A Healthy Environment for the Protection of Vulnerable Communities: A Case of Coal-Ash Disaster in Puerto Rico, Sarah Dávila-Ruhaak

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Review of Recent Veterans Law Decisions of the Federal Circuit, 69 AM. U. L. REV. 1343 (2020), Angela Drake, Yelena Duterte, and Stacey Rae Simcox

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Splendid Isolation: VA's Failure to Provide Due Process Protections and Access to Justice to Veterans and Their Caregivers, 29 J.L. & Pol'y 1 (2020), Yelena Duterte

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Can the International Criminal Court Succeed? An Analysis of the Empirical Evidence of Violence Prevention, 43 Loy. L.A. Int'l & Comp. L. Rev. 101 (2020), Stuart Ford

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Has President Trump Committed A War Crime by Pardoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020), Stuart Ford

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So Are Games Coffee Mugs or What? Games and the Right of Publicity Revisited, 19 UIC Rev. Intell. Prop. L. 178 (2020), William K. Ford

 

The U.S. Legal Landscape: News from Across the Border, 45 Can. L. Libr. Rev. 28 (2020), Julienne Grant

 

The U.S. Legal Landscape: News from Across the Border, 45 Can. L. Libr. Rev. 34 (2020), Julienne Grant

 

The U.S. Legal Landscape: News from Across the Border, 45 Can. L. Libr. Rev. 35 (2020), Julienne Grant

 

Unpaved Roads to Oklahoma: Researching the Story of My Family's Mineral Rights, 39 Legal Reference Services Q. 1 (2020), Julienne Grant

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Feeding the Machine: the Commodification of Black Bodies from Slavery to Mass Incarceration, 49 U. Balt. L. Rev. 313 (2020), Cecil J. Hunt II

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Law Students and Cell Phone Use: Results of A Six-School Survey, 89 UMKC L. Rev. 269 (2020), Robert M. Jarvis and Mark E. Wojcik

 

CALL Executive Board Meeting Minutes, 254 CALL Bull. 10 (2020), Philip Johnson

 

CALL Executive Board Meeting Minutes, 254 CALL Bull. 7 (2020), Philip Johnson

 

CALL Executive Board Meeting Minutes, 255 CALL Bull. 6 (2020), Philip Johnson

 

Call Executive Board Meeting Minutes, 256 CALL Bull. 7 (2020), Philip Johnson

 

CALL Executive Board Meeting Minutes, 257 CALL Bull. 6 (2020), Philip Johnson

 

November Business Meeting - David Schwartz and Adam Pah from Scales-Okn, 257 CALL Bull. 17 (2020), Philip Johnson

 

September Business Meeting - Grace Pai, Director of Advancing Justice - Chicago, 257 CALL Bull. 13 (2020), Philip Johnson

 

UIC Louis L. Biro Law Library Response to COVID-19, 257 CALL Bull. 28 (2020), Philip Johnson

 

Lifetime Income Disclosures, 48 Tax Mgmt Comp. Plan. J. 224 (Sept. 4, 2020), Kathryn J. Kennedy

 

Notable Employee Benefits Articles for 2019, 167 Tax Notes 1567 (June 1, 2020), Kathryn J. Kennedy and Melissa Travis

 

Fatal Flaws in Financing Personal Bankruptcy: The Curious Case of Russia in Comparative Context, 94 Am. Bankr. L.J. 419 (2020), Jason Kilborn

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A Blueprint for Using Assessments to Achieve Learning Outcomes and Improve Students' Learning, 12 Elon L. Rev. 1 (2020), Rogelio A. Lasso

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Why Did Illinois Call a Constitutional Convention in 1968?, 72 Rutgers U.L. Rev. 1021 (2020), Ann M. Lousin

 

The Law School Curriculum and the Movement for Black Lives, 31 U. Fla. J.L. & Pub. Pol'y 27 (2020), Teri A. McMurtry-Chubb

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Forgiven, Forgotten? Rethinking Victim Impact Statements for an Era of Decarceration, 68 UCLA L. Rev. Discourse 302 (2020), Hugh Mundy

 

Can the Government Ban Automated Calls to Cell Phones, but Except Calls to Collect Government-Owned Debt, Consistent with the First Amendment?, Steven D. Schwinn

 

Can the Heirs of German Jews Sue a German Foundation in U.S. Courts for Art and Artifacts That Their Predecessors Sold to Prussia, under Duress, as Part of the Holocaust?, Steven D. Schwinn

 

Did Committees of the House of Representatives Have Authority to Issue Subpoenas to Third-Party Custodians of the Personal Records of the President?, Steven D. Schwinn

 

Did Congress Render the Minimal-Coverage Provision in the Affordable Care Act Unconstitutional When It Eliminated the Tax Penalty for Noncompliance, and, if So, Does the Provision's Unconstitutionality Render the Rest of the Act Unconstitutional, Too?, Steven D. Schwinn

 

Did Federal Agencies Have Authority to Grant a Categorical Exemption from the Affordable Care Act's Contraceptive Guarantee for Organizations That Have a Religious or Moral Objection to Contraception?, Steven D. Schwinn

 

Did Philadelphia Violate the Free Exercise Clause or the Free Speech Clause When It Included and Enforced a Standard Provision in a Contract for Foster Family Care Agencies That Prohibits Agencies from Discriminating by Sexual Orientation?, Steven D. Schwinn

 

Did the Montana Supreme Court Violate the Constitution When It Struck a State Program That Offered Montanans Dollar-for-Dollar Tax Credits for Donations to Private Schools, including Religious Schools, for the Purpose of Paying Student Tuition?, Steven D. Schwinn

 

Does a Federal Tort Claims Act "Judgment Bar" Foreclose a Plaintiff's Claims against Individual Officers for Constitutional Violations When the Court Dismissed the Plaintiff's FTCA Claims against the Government for Lack of Subject Matter Jurisdiction in the Same Lawsuit?, Steven D. Schwinn

 

Does the Federal Prohibition against Encouraging or Inducing Illegal Immigration for Commercial Advantage or Private Financial Gain Violate Free Speech?, Steven D. Schwinn

 

Does the First Amendment Bar Congress from Restricting Federal Funds to Fight HIV and AIDS Abroad to Foreign Affiliates of U.S. Nongovernmental Organizations That Have a Policy Explicitly Opposing Prostitution and Sex Trafficking?, Steven D. Schwinn

 

Does the First Amendment Permit a State to Specify and Define the Composition of State Courts by Reference to the Political Party of the Judges?, Steven D. Schwinn

 

Does the For-Cause Removal Provision for the Director of the Consumer Financial Protection Bureau Impermissibly Encroach on the President's Constitutional Power to Direct and Control the Executive Branch - If So, is It Severable from the Rest of the Dodd-Frank Act?, Steven D. Schwinn

 

Does the Foreign Sovereign Immunities Act Allow Plaintiffs to Recover Punitive Damages against Foreign States for Terrorist Activities That Occurred before Congress Authorized Punitive Damages under the Act?, Steven D. Schwinn

 

Does the Freedom of Information Act Compel Disclosure of Agency Records That Were Generated in a Formal Interagency Consultation Process over the Effects of an Agency Action, Later Modified through That Process, on Endangered Species?, Steven D. Schwinn

 

In Light of the Court's 2016 Ruling in Whole Women's Health v. Hellerstedt, Does Louisiana's Law Requiring Doctors Who Perform Abortions to Obtain Admitting Privileges at a Local Hospital Violate the Right to an Abortion?, Steven D. Schwinn

 

Is the President Immune from a Grand Jury Subpoena Issued by a Local Prosecutor for Materials That Have Nothing to Do with the President's Official Responsibilities?, Steven D. Schwinn

 

May a Federal District Court Abstain from Hearing a Case Brought by Hungarian Holocaust Survivors against Hungary on the Ground That the Plaintiffs Should Sue in Hungary Instead?, Steven D. Schwinn

 

May the President Direct the Secretary of Commerce to Include in the Census Count the Number of Unauthorized Noncitizens in Order to Exclude Them from the Apportionment Base for Congressional Representation?, Steven D. Schwinn

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Mazars and Vance, and President Trump's Ongoing Assault on our Constitutional Structure, 4 Am. Const. Soc. Sup. Ct. Rev. 213 (2020), Steven D. Schwinn

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The Misguided On-off Theory of Congressional Authority, 95 Chi.-Kent L. Rev. 551 (2020), Steven D. Schwinn

 

Vance and Mazars: The President Is Not above the Law, after All, Steven D. Schwinn

 

When a Plaintiff Brings a Second Suit against a Defendant for Continuing to Violate the Plaintiff's Trademark, Is the Defendant Barred from Raising a Defense That It Did Not Raise in the Plaintiff's Earlier Case?, Steven D. Schwinn

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Got Bounded Rationality and Political Gridlock? There's a Loan Disclosure Hack for That, 69 Clev. St. L. Rev. 105 (2020), Debra P. Stark, Jessica M. Choplin, and Andrew Pizor

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International and Foreign Legal Research Resources at the Law Library of Congress, 32 Pace Int'l L. Rev. 359 (2020), Mark E. Wojcik

 

Recent Developments in International Litigation, 55 Tort Trial & Ins. Prac. L.J. 409 (2020), Mark E. Wojcik

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Sexual Orientation and Gender Identity, 54 ABA/SIL YIR 271 (2020), Mark E. Wojcik

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Criminal Justice and COVID-19, 35 Crim. Just. 44 (2020), Mark E. Wojcik and David Austin

Submissions from 2019 2019

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Introductory Overview, 28 J. Affordable Hous. & Cmty. Dev. L. 203 (2019), Priya Baskaran, Renee Hatcher, and Lynnise Phillips Pantin

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Comentarios sobre la propuesta revisión del Código Civil: Responsabilidad Civil Extracontractual , 88 Rev. Jur. UPR 342 (2019), Alberto Bernabe

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Do Colleges and Universities Have a Duty to Help?: California and Massachusetts Lead the Way, Alberto Bernabe

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Do Colleges and Universities Have a Duty to Help? California and Massachusetts Lead the Way, N.E. U. L.R. Extra Legal (Winter 2019), Alberto Bernabe

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Fake News, Deliberate Lies, and the First Amendment, 44 U. Dayton L. Rev. 209 (2019), Donald L. Beschle

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A New Home for Haters - Online Home Sharing Platforms: A Look at the Applicability of the Fair Housing Act to Home Shares, 53 U. Rich. L. Rev. 903 (2019), Allison Bethel

 

Finding the Goldilocks Zone: Negotiating Your First Employment Offer in Legal Academia, 69 J. Legal Educ. 48 (2019), Darby Dickerson

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The Need for A Wealth Inequality Amendment, 122 W. Va. L. Rev. 1 (2019), Stuart Ford

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Understanding Crime Gravity: Exploring the Views of International Criminal Law Experts, 27 Wm. & Mary Bill Rts. J. 659 (2019), Stuart Ford

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Habit Forming: Evidence of Physician Habit in Medical Negligence Litigation, 19 Yale J. Health Pol'y L. & Ethics 215 (2019), Marc Ginsberg

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Non--Physician vs. Physician: Cross--Disciplinary Expert Testimony In Medical Negligence Litigation----Who Knows The Standard Of Care?, 35 Ga. St. U.L. Rev. 679 (2019), Marc Ginsberg

 

Que Bola: What's New (and What Isn't) in Cuba, 47 Int'l J. Legal Info. 141 (2019), Julienne Grant

 

The US Legal Landscape: News from Across the Border, 44 Can. L. Libr. Rev. 29 (2019), Julienne Grant

 

The U.S. Legal Landscape: News from Across the Border, 44 Can. L. Libr. Rev. 33 (2019), Julienne Grant

 

The US Legal Landscape: News from Across the Border, 44 Can. L. Libr. Rev. 36 (2019), Julienne Grant

 

The U.S. Legal Landscape: News from Across the Border, 44 Can. L. Libr. Rev. 39 (2019), Julienne Grant

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Repurposing Golf Courses and Other Amenities That Burden the Land: Covenants Running Forever – A Transactional Perspective, 52 UIC J. MARSHALL L. REV. 603 (2019), Celeste Hammond

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Climate Change Limitations of the Legal System in Addressing the Threats, IAFOR International Conference on Sustainability, Energy & the Environment 2019, Celeste M. Hammond

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Students in a Menu of Degrees Providing Context for Understanding and Learning the Transactional Attorney's Role, 20 Transactions: Tenn. J. Bus. L. 627 (2019), Celeste M. Hammond

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Solidarity Economy Lawyering, 8 Tenn. J. Race Gender & Soc. Just. 23 (2019), Renee Hatcher

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A Current Update of EPCRS Through Rev. Proc. 2019-19, 47 Tax Mgmt. Comp. Plan. J. 1 (Dec. 6, 2019), Kathryn J. Kennedy