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44 N. Ill. U. L. Rev. i (2023)

handle is hein.journals/niulr44 and id is 1 raw text is: 






         NORTHERN ILLINOIS UNIVERSITY

                   LAW REVIEW
          VOLUME  44                   FALL 2023                    ISSUE 1


                                 CONTENTS

                                   ARTICLES

The  Future of Employee   Job Security in Illinois

Daniel  S. Alcorn................................................................................................................1

  The at-will employment doctrine is more than a century and a half old. Illinois has long
subscribed to the at-will employment doctrine, but the doctrine is dying a slow death. The
doctrine has positive and negative aspects, but the lack of employee job security will prove to
be a fatal flaw. The doctrine is not so well founded in reason or legal history to save it.
Employee job security is becoming increasingly desirable and important. The legislatures and
courts are making significant inroads on the doctrine to protect employee job security. A bill
to abrogate the doctrine and require cause for discharge has surfaced in Illinois, and while
unsuccessful this legislative effort will undoubtedly be revisited. Illinois will need to prepare
for the aftermath of the doctrine's demise. Legislation is the best bet for a quick and durable
fix. A simple approach to legislation in this area has the best chances of political viability. A
good fix would consist of a concise statute abrogating the at-will doctrine, requiring that any
employer have just cause for terminating any non-probationary employee, and affording an
aggrieved employee a private right of action for wrongful discharge (with the employee having
the burden of establishing a lack ofjust cause) to be pursued in the Illinois Circuit Courts.

Rights  Without   Remedies: How the Illinois Post-Conviction Hearing Act's
Standing  Requirement   Has Failed Defendants

Nate  Nieman   ...................................................................................................................21

  The Illinois Post-Conviction Act is a procedural mechanism that allows a criminal defendant
to assert that his federal or state constitutional rights were substantially violated during trial
or at sentencing. The passage of the Act expanded a defendant's ability to challenge his
conviction and sentences collaterally, where before the Act, he had only been able to raise
these challenges on direct appeal. However, the Act's strict standing requirement precludes
defendants from relief once they have completed their sentence, ignoring the fact that many
important, life-altering civil consequences resulting from criminal convictions occur after a
sentence has concluded.
       This Article argues that the Act's standing requirement inadequately contemplates
later collateral consequences flowing from a defendant's conviction that are just as if not
more   important to a defendant than the conviction that triggered the collateral consequences
in the first place. These collateral consequences place a defendant's liberty in jeopardy, yet
many  defendants currently are unable to use the Act to challenge the convictions that triggered
these collateral consequences. I argue that the Act's standing requirement could be modified


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