Law Commons^™

Choosing Medical Malpractice, Nadia N. Sawicki

Faculty Publications & Other Works

Modern principles of patient autonomy and health care consumerism are at odds with medical malpractice law's traditional skepticism towards the defenses of contractual waiver and assumption of risk. Many American courts follow a patient-protective view, exemplified by the reasoning in the seminal Tunkl case, rejecting any attempts by physicians to relieve themselves of liability on the grounds of a patient's agreement to assume the risk of malpractice. However, where patients pursue unconventional treatments that satisfy their personal preferences but that arguably fall outside the standard of care, courts have good reason to be more receptive to such defenses. This Article …

Police Union Contracts, Stephen Rushin

Faculty Publications & Other Works

This Article empirically demonstrates that police departments' internal disciplinary procedures, often established through the collective bargaining process, can serve as barriers to officer accountability.

Policymakers have long relied on a handful of external legal mechanisms like the exclusionary rule, civil litigation, and criminal prosecution to incentivize reform in American police departments. In theory, these external legal mechanisms should increase the costs borne by police departments in cases of officer misconduct, forcing rational police supervisors to enact rigorous disciplinary procedures. But these external mechanisms have failed to bring about organizational change in local police departments. This Article argues that state labor …

Modernizing Informed Consent: Expanding The Boundaries Of Materiality, Nadia N. Sawicki

Faculty Publications & Other Works

Informed consent law’s emphasis on the disclosure of purely medical information – such as diagnosis, prognosis, and the risks and benefits of various treatment alternatives – does not accurately reflect modern understandings of how patients make medical decisions. Existing common law disclosure duties fail to capture a variety of non-medical factors relevant to patients, including information about the physician’s personal characteristics; the cost of treatment; the social implications of various health care interventions; and the legal consequences associated with diagnosis and treatment. Although there is a wealth of literature analyzing the merits of such disclosures in a few narrow contexts, …

Permanent Sovereignty Over Natural Resources And The Sanctity Of Contracts, From The Angle Of Lucrum Cessans, Sangwani Patrick Ng'ambi

Loyola University Chicago International Law Review

No abstract provided.

Mandatory Use Of E-Verify By Federal Contractors: Benefits, Burdens, And Implications, Christina Mcmahon

Public Interest Law Reporter

No abstract provided.

Against Supercompensation: A Proposed Limitation On The Land Buyer's Right To Elect Between Damages And Specific Performance As A Remedy For Breach Of Contract, Jonathan Levy

Loyola University Chicago Law Journal

No abstract provided.

In Defense Of The Impossibility Defense, Gerhard Wagner

Loyola University Chicago Law Journal

No abstract provided.

Legal Malpractice: Is It Tort Or Contract?, Blanche M. Manning Honorable

Loyola University Chicago Law Journal

No abstract provided.

The Procedural Relationship Between Truth In Lending Disclosure Claims And Creditor Contract Claims, Sara Elwood Cook, Kasey W. Kincaid

Loyola University Chicago Law Journal

No abstract provided.

Contract Law: An Alternative To Tort Law As A Basis For Wrongful Discharge Actions In Illinois, Elizabeth Vranicar Tanis

Loyola University Chicago Law Journal

No abstract provided.

Understanding Unconscionability: Defining The Principle, Jeffrey C. Fort

Loyola University Chicago Law Journal

No abstract provided.

Contractual Arbitration - Associated General Contractors V. Savin Brothers, Inc. - Judicial Review Of An Arbitrator's Punitive Award, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.

The Doctrine Of Impossibility Of Performance And The Foreseeability Test, Charles G. Brown

Loyola University Chicago Law Journal

No abstract provided.