Vol. XXXV No. 1

Free, But Still Behind Bars: Reading the Illinois Post-Conviction Hearing Act to Allow Any Person Convicted of a Crime to Raise a Claim of Actual Innocence

Abstract: As the number of wrongfully convicted prisoners who are subsequently exonerated continues to rise, the importance of access to post-conviction relief also increases. Under the Illinois Post-Conviction Hearing Act, this access is restricted to petitioners who are currently imprisoned or otherwise facing a restraint on their liberty. Persons convicted of a crime who have […]

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The Holmes School of Law: A Proposal to Reform Legal Education Through Realism

Abstract: This article proposes the formation of a new law school, the Holmes School of Law. The curriculum of the Holmes School would draw upon legal realism, particularly as articulated by Oliver Wendell Holmes. The proposed curriculum would focus on educating students about “law in fact”—how law is actually experienced. It rejects the idea that […]

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A Dangerous Disappearing Act: Preserving Affordable Housing in the Face of Maturing Mortgages

Abstract: By the year 2020, almost all of the affordable housing units created by Sections 221(d)(3) and 226 of the Housing Act of 1937 could disappear. These units were created in the late 1960s in an effort to draw more private equity to the affordable housing market. The federal government entered into contracts with developers, […]

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Discretion to Warn: Balancing Privacy Rights with the Need to Warn Unaware Partners of Likely HIV/AIDS Exposure

Abstract: HIV/AIDS, an epidemic that continues to claim thousands of lives annually, disproportionately affects homosexual males, racial minorities, and low-income individuals. When HIV/AIDS first emerged in the 1980s, the virus was clouded by great fear, misinformation, and stigma. Although stigma persists, research and treatment of HIV have so advanced that the virus may be managed […]

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What to Expect When You’re Expecting: Fetal Protection Laws that Strip Away the Constitutional Rights of Pregnant Women

Abstract: Many states have enacted fetal protection laws as a way of promoting fetal health and combatting the problem of in utero fetal drug abuse. These laws, however, unduly compromise the constitutional rights of pregnant women, implicating a woman’s rights to privacy, due process, and equal protection under the laws. Additionally, such laws compromise both […]

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Big Brother as Parent: Using Surveillance to Patrol Students’ Internet Speech

Abstract: With the pervasiveness of the Internet in students’ lives, schools are frequently disrupted by their students’ online speech, whether through threats of violence, cyberbullying, or discussion of self-harm. To combat and minimize these disturbances, some schools are turning to third-party surveillance companies to monitor students’ Internet posts for potentially harmful speech. The U.S. Supreme […]

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