Northwestern Journal of Law and Social Policy


Vol. 13, No. 3, Spring

Ethnographic Evidence
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Ethnography, Ethics & Law
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Author Meets Critic
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Vol. 13, No. 4, Spring

Litigating Trauma as Disability in American Schools
Neva Bowers teaches French at Whitehaven High School in Memphis, Tennessee.1 In five years at Whitehaven, approximately seven hundred students had passed through her classroom.2 Teaching in a city where 43% of children live in poverty,3 Bowers says she...
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Death in America under Color of Law: Our Long, Inglorious Experience with Capital Punishment
INTRODUCTIONWhat follows is a compilation of milestones in the American experience with capital punishment, beginning with the first documented execution in the New World under color of English law more than 400 years ago at Jamestown.1 The man who was...
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Policy Considerations and Implications in United States V. Bryant
I. IntroductionIn United States v. Bryant, the Supreme Court unanimously decided to both narrow the scope of the Sixth Amendment right to legal representation, and reinforce and strengthen tribal sovereignty and the legitimacy of the tribal court system.1...
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A Lesson from Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail
IntroductionIn 2015, the Illinois Supreme Court found Illinois' landmark pension reform legislation unconstitutional under Article XIII, Section 5 of the Illinois Constitution.1 Subsequently, a proposal to reduce state pension liabilities by modifying...
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"Indian" as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act
I. INTRODUCTIONCongress passed the Indian Child Welfare Act of 1978 (ICWA or the Act)1 in response to the "alarmingly high percentage" of "often unwarranted" removals of Indian2 children from their homes.3 In determining this "high percentage" of removals,...
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The Concept of "Unusual Punishments" in Anglo-American Law: The Death Penalty as Arbitrary, Discriminatory, and Cruel and Unusual
I. IntroductionThe English Bill of Rights of 1689 included a prohibition on the infliction of "cruel and unusual punishments."1 That provision was a byproduct of the Glorious Revolution of 1688, a revolution that overthrew King James II of England, a...
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Vol. 13, No. 2, Winter

Localism, Labels, and Animal Welfare
I. INTRODUCTIONAs consumer attention to the source and quality of food has grown in recent years, so, too, has concern about the practices used to raise food. With criticism of mass agriculture and processed foods entering the mainstream, consumers are...
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Soda Taxes as a Legal and Social Movement
In the last few years, several local governments have adopted new soda taxes.1 Other localities currently are considering adopting such a tax. In this Article, we consider whether soda taxes are becoming a more common local policy throughout the country-like...
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Rethinking the Dormant Commerce Clause?: Climate Change and Food Security
I. INTRODUCTIONCurrent jurisprudence under the Dormant Commerce Clause of the United States Constitution generally prohibits states from discriminating against, or treating differently, products solely based upon the jurisdiction in which the product...
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Vol. 13, No. 1, Fall

Panel Discussion: Expanding Our Conception of Justice
TRANSCRIPT OF PROCEEDINGS held at Northwestern University Pritzker School of Law, Lincoln Hall, 375 East Chicago Avenue, Chicago, Illinois on the 10th day of March, 2017, at 1:30 p.m.INTRODUCTION BY: JUDGE SOPHIA H. HALL, Administrative Presiding Judge,...
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Looking at Justice through a Lens of Healing and Reconnection
I. IntroductionOn March 10, 2017, more than 300 people gathered in Lincoln Hall, the oldest lecture hall at Northwestern Pritzker School of Law, for the 10th Annual Northwestern Journal of Law and Social Policy (JLSP) Symposium, "Healing Our Justice...
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Vol. 10, No. 1, July/August

Detailed Analysis of Compound Sentences in Punjabi Language
(ProQuest: ... denotes non-US-ASCII text omitted.)1. INTRODUCTION TO PUNJABI LANGUAGEPunjabi is the most widely spoken language in Pakistan [1], the eleventh-most widely spoken in India [2], and the third-most spoken native language in the Indian Subcontinent....
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Vol. 11, No. 1, 2016

Turning the Tide: The Future of HIV Criminalization after Rhoades V. State and Legislative Reform in Iowa
I. INTRODUCTIONIn the decades since it first appeared in the United States, HIV has gone from a mysterious and terrifying death sentence to a preventable, manageable chronic condition.1 Law and public policy, however, have evolved much more slowly than...
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How the Educational Funding Provisions of the Patient Protection and Affordable Care Act Will Affect the Nursing Shortage in the United States
I. INTRODUCTIONThe United States spends more on health care than any other industrialized nation in the world.1 From 1969 to 2006, total U.S. health care spending rose from $900 billion to $2 trillion;2 in 2010, it accounted for 17.9% of the nation's...
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Hospital Quality Improvement: Are Peer Review Immunity, Privilege, and Confidentiality in the Public Interest?
I. INTRODUCTIONParticipants in the hospital peer review process enjoy enormous protections under federal and state law. The federal Health Care Quality Improvement Act of 1986 (HCQIA) provides qualified immunity to hospitals and members of peer review...
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Vol. 11, No. 3, 2016

The Long Path to Reparations for the Survivors of Chicago Police Torture
I. INTRODUCTIONIn the early 1970s, a Chicago police detective named Jon Burge1 began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the...
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Vol. 11, No. 2, 2016

Changing Attitudes about Democratic Participation through a Catalytic Experience
INTRODUCTIONThe United States has a long history of democratic participation. As Alexis de Tocqueville stated, "[i]n some countries the inhabitants seem unwilling to avail themselves of the political privileges which the law gives them; . . . but if...
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The Children Banned from Neverland: The Child Status Protection Act Post Scialabba V. Cuellar De Osorio
On December 28, 1992, Zhuomin Wang's U.S. citizen sister filed a family visa petition for him, including Zhuomin Wang's wife and three children who all resided in China.1 One of Mr. Wang's children, a daughter named Xiuyi Wang, was ten years old at the...
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Vol. 12, No. 1, 2016

The Terrorist's Veto: Why the First Amendment Must Protect Provocative Portrayals of the Prophet Muhammad
I. IntroductionOn Wednesday, January 7, 2015, armed gunmen entered the offices of French satirical magazine Charlie Hebdo and killed employees and editors of the magazine in probable retaliation for the publication of satirical cartoons depicting the...
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Provider Liability and Medical Identity Theft: Can I Get Your (Insurance) Number?
I. Medical Identity Fraud: Defining the ProblemAccording to the U.S. Department of Health and Human Services, medical identity theft occurs when personal information is stolen and used to obtain medical care, buy drugs, or submit fake billings.1 The...
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Fighting Back against Revenge Porn: A Legislative Solution
I. Introduction to Revenge PornRevenge porn "involves the distribution of nude/sexually explicit photos and/or videos of an individual without their consent."1 This is not a new phenomenon. In the 1980s, Hustler, a pornographic magazine, solicited explicit...
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When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby and the Unraveling of Federal Rule 702
For over 20 years, the federal courts have adhered to a number of rules designed to ensure that only valid and reliable science forms the basis for court decisions. The seminal case is Daubert v. Merrell Dow Pharmaceuticals,2 in which the U.S. Supreme...
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Vol. 10, No. 2, 2015

Centric Charter Schools: When Separate May Be Equal
INTRODUCTIONBrown v. Board of Education remains one of the most notable Supreme Court decisions in American history.1 The 1955 landmark decision declared it unconstitutional to operate segregated public schools. The Court held that racially divided schools...
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Chicago's Over-Burdensome Regulation of Mobile Food Vending
INTRODUCTIONOn November 14, 2012, plaintiffs George Burke, Kristin Casper, and LMP Services, Inc., owners of the "Schnitzel King" and "Cupcakes for Courage" food trucks, filed suit against the City of Chicago.1 The suit alleged that the City's ordinance...
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The Impact of Social Media on the Legislative Process: How the Speech or Debate Clause Could Be Interpreted
INTRODUCTIONOn Tuesday, June 25, 2013, Texas State Senator Wendy Davis led a nearly thirteen-hour filibuster. In the special session of the Texas Senate, Davis's filibuster halted the passage of a bill that would make abortions after twenty weeks illegal...
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Mandatory HIV Status Disclosure for Students in Illinois: A Deterrent to Testing and a Violation of the Americans with Disabilities Act
INTRODUCTIONIt has been more than thirty years since the first case of HIV/AIDS was reported in the United States.1 During that time, and thanks to advances in treatment, HIV/AIDS has morphed from a fatal disease to a treatable, if still chronic, condition...
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Reverse Line Movement: How the Third Circuit's Decision in National Collegiate Athletic Association V. Governor of New Jersey Contravenes the Anti-Commandeering Doctrine
INTRODUCTIONAs many bettors will tell you, sports gambling is a complex endeavor. In an industry that generates more than three billion dollars annually from Nevada casinos alone,1 bettors perpetually search for an evaluative edge over bookmakers. Historically,...
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Vol. 10, No. 1, 2015

The Right of a Minor to Independent Status - Three Models
INTRODUCTIONIn the United States, the number of divorce proceedings is almost unmanageable.1 Accordingly, the number of children involved in such proceedings is growing every year. 2The decisions made during a couple's divorce proceedings have a crucial...
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What's Law Got to Do with It? Confronting Judicial Nullification of Domestic Violence Remedies
INTRODUCTIONImagine a state where the legislature created and passed a comprehensive system of protection laws for survivors of domestic violence. Now imagine that a county within that state implemented a specialized courthouse where the judges are trained...
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Due Process and Legislation Designed to Restrict the Rights of Rapist Fathers
INTRODUCTION"I did not altogether hate the life growing inside of me. Instead, I felt a sort of kinship, a partnership-perhaps the kind that only develops between those who have suffered together-but, nevertheless, I felt a bond."1 These words come from...
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Mandatory Corporate Social Responsibility as a Vehicle for Reducing Inequality: An Indian Solution for Piketty and the Millennials
INTRODUCTIONThe income inequality debate is in resurgence. Thomas Piketty's Capital in the Twenty-First Century1 gained worldwide attention, and in doing so, reframed the wealth inequality debate.2 Many leaders, including President Barack Obama and Pope...
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Silence of the Lambs: Giving Voice to the Problem of Rape and Sexual Assault in the United States Armed Forces
INTRODUCTION: SEXUAL VIOLENCE, A FEATURE OF MILITARY SERVICEIn a recent report released by the Pentagon, an estimated 19,000 incidents of "unwanted sexual contact" occurred within the United States military in 2014.1 However, only 191 service members2...
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Toward a Uniform Standard of Decency: Connecticut's Prospective Capital Punishment Repeal and the Eighth Amendment
INTRODUCTIONIn Furman v. Georgia, the U.S. Supreme Court held that the "death penalty must be imposed fairly and with reasonable consistency, or not at all."1 It is "indisputable fact that more than twenty years after the Court's opinion in Furman v....
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Vol. 9, No. 2, 2014

Facebook Phobia! the Misguided Proliferation of Restrictive Social Networking Policies for School Employees
IntroductionA special education teacher in Florida posted on Facebook that he was "super horny" and "an A++ in bed."1 Another Florida teacher's Facebook post read, "I'm fairly convinced that one of my students may be the evolutionary link between orangutans...
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Critical Tax Policy: A Pathway to Reform?
IntroductionThe Global Recession of 2008 and ensuing austerity measures have renewed the urgency surrounding the call for fundamental tax reform.1 In the United States, the so-called "fiscal cliff" and the automatic budget cuts imposed under the name...
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You Can't Get There from Here: Implications of the Walmart V. Dukes Decision for Addressing Second-Generation Discrimination
IntroductionThis Article looks at the impact Wal-Mart Stores, Inc. v. Dukes1 has had on class action lawsuits involving claims of gender discrimination. Dukes involved a class action lawsuit filed against Wal-Mart by 1.5 million female employees claiming...
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Off with His Head: The King Can Do No Wrong, Hurricane Katrina, and the Mississippi River Gulf Outlet
"[I]f a team of top-flight engineers had been assigned to build an instmment for the quick and effective flooding of New Orleans; they could not have come up with a better design than the [Mississippi River Gulf Outlet]." - Douglas Brinkley* 1IntroductionHurricane...
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The Intersection of Dominance Feminism and Stalking Laws
IntroductionStalking often brings to mind obsessive love:1 the ex-boyfriend who will not let go or the fan whose admiration of a celebrity has gone too far. Others think of obsessive hate, like an ex-employee terrorizing his former boss. Common to these...
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These Aren't My Peers: Why Illinois Should Reconsider Its Age Requirement for Jury Service
IntroductionThe first juvenile court was created in Cook County, Illinois in 1899.1 It was initially established to protect juvenile offenders from the adult criminal process.2 As such, the juvenile court was designed to focus more on the welfare of...
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Beary Landscaping, Inc. V. Costigan: The Case for Repealing the Illinois Prevailing Wage Act
IntroductionIn the district court opinion that would form the basis of the appeal in Beary Landscaping, Inc. v. Costigan, Judge James Zagel remarked that "[p]laintiffs have produced some eyebrow-raising figures that suggest that Defendant [Catherine...
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Vol. 9, No. 1, Fall

The Fox Guarding the Henhouse: The Regulation of Pharmacy Benefit Managers by a Market Adversary
INTRODUCTIONAlthough most people have never heard of a "pharmacy benefit manager," 95% of insured Americans have prescription drug coverage that is administered by one.2 Pharmacy benefit managers (PBMs) act as the middlemen among pharmacies, drug manufacturers,...
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Sentencing the Family: Recognizing the Needs of Dependent Children in the Administration of the Criminal Justice System
INTRODUCTIONMary is thirty-five years old and lives in Georgia.1 She is the mother of three children, who all live with her. Their father does not live with them, and he pays child support intermittently. She has a great relationship with her children...
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Booking Students: An Analysis of School Arrests and Court Outcomes*
I. INTRODUCTIONIn 2012, the "school-to-prison pipeline"1 emerged as an issue ripe for policy action after more than a decade of research and advocacy efforts. In March 2012, prominent education and judicial leaders from almost every state in the country...
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Sex in the Sexy Workplace
"The rule of thumb at the end of the day is simple: sex bars can subordinate women, but airlines and restaurants may not." - Katharine T. Bartlett1INTRODUCTIONImagine a woman who goes to work every day and is confronted by a supervisor who regularly...
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FQHCs and Health Reform: Up to the Task?
INTRODUCTIONFederally Qualified Health Centers (FQHCs)2 are non-profit, community directed health care providers responsible for improving primary care access to millions of Americans, regardless of their ability to pay. Congress passed FQHC-enabling...
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Skin Flicks without the Skin: Why Government Mandated Condom Use in Adult Films Is a Violation of the First Amendment
"Sex is more exciting on the screen and between the pages than between the sheets . . . . Fantasy love is much better than reality love." - Andy Warhol2INTRODUCTIONSex has mystified and entertained humanity for millennia. The technological developments...
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