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Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

Law School Plagiarism: A Measured Solution For An Unmeasured Problem, Ashley S. Lipson

Loyola University Chicago Law Journal

No abstract provided.

"So" What? Why The Supreme Court's Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff

Loyola University Chicago Law Journal

In Van Buren v. United States, the United States Supreme Court held that one does not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA) when one accesses information they were otherwise entitled to access. Part I will outline the legislative history of the CFAA, and will explain the circuit split between the Second, Fourth, Sixth, and Ninth Circuits and the First, Third, Fifth, and Seventh Circuits. Part II will detail the facts and procedural history of Van Buren, and will walk through the reasoning of the majority and dissent. Part III will analyze the majority’s narrow reading …

The Establishment Clause, Civil Rights, And The Accomodationist Path Forward, Lisa Shaw Roy

Loyola University Chicago Law Journal

The U.S. Supreme Court’s First Amendment Religion Clause doctrine is undergoing a transition between the Court’s older, strict separationist decisions and its current accommodationist approach. This shift can be seen in the Court’s most recent Establishment and Free Exercise Clause decisions, and in particular, in its unanimous Free Speech Clause decision in Shurtleff v. City of Boston, a case which found that the challenger, Harold Shurtleff, had a First Amendment right to raise a flag with a cross on a city flagpole. In many ways, Shurtleff exemplifies the Court’s incremental movement toward an accommodationist Establishment Clause doctrine, and this …

Introduction To Issue Three, Paul W. Kucinski

Loyola University Chicago Law Journal

No abstract provided.

Mandatory Judging, Douglas R. Richmond

Loyola University Chicago Law Journal

As a matter of judicial ethics, judges must disqualify themselves in matters in which their impartiality may reasonably be questioned. This key principle implicates two additional aspects of judicial ethics: the duty to sit and the rule of necessity. The duty to sit basically describes a judge’s duty to preside over a case unless disqualified as a matter of judicial ethics. Or, phrased another way, a judge must hear a case if her impartiality cannot reasonably be questioned. Recognition of the duty to sit means that judges may not disqualify themselves based on their unease with cases, personal or professional …

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun

Loyola University Chicago Law Journal

How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett. In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.” Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue her statutory claim through litigation. Since …

Federal Election Commission V. Ted Cruz For Senate: How The Supreme Court Is Clearing The Way For Corruption In Politics, Sarah B. Gleason

Loyola University Chicago Law Journal

Political speech lies at the heart of the First Amendment. Candidates for office have the constitutional right to raise funds to express their viewpoints, run campaigns, and associate with their supporters. However, leaving this flow of money unchecked creates a risk that candidates will sell the promise of political favors for increased monetary support from voters. Congress passed Section 304 of the Bipartisan Campaign Reform Act to prevent the risk of quid pro quo corruption, which is heightened when donors contribute money to candidates after the election for the sole purpose of retiring the candidates’ personal loans. Section 304 restricted …

Constructing The Establishment Clause, Vincent Phillip Muñoz, Kate Hardiman Rhodes

Loyola University Chicago Law Journal

In this Article, we attempt to document how the history of the Supreme Court’s Establishment Clause jurisprudence is a history of constructionism, much of it—though not all—originalist in flavor. We use “construction” in a technical sense and in contradistinction to “interpretation.” Construction is the act of importing meaning into the constitutional text. To document and explain how leading Supreme Court justices have engaged in originalist constructionism, we employ the interpretation-construction distinction as well as two additional analytical concepts recently discussed by leading legal scholars: Sam Bray’s recovery of “the mischief rule” and Jack Balkin’s textual typology of principles, standards, and …

Justice Alito, Originalism, And The Aztecs, Andrew Koppelman

Loyola University Chicago Law Journal

No abstract provided.

Is Church Autonomy Jurisdictional?, Lael Weinberger

Loyola University Chicago Law Journal

The First Amendment’s religion clauses create what courts have called “church autonomy doctrine,” protecting the internal self-governance of religious institutions. But courts are divided as to whether this doctrine is simply an affirmative defense for religious institutions or a jurisdictional limitation on courts’ ability to adjudicate internal religious matters. Scholars, meanwhile, have long debated whether church autonomy is jurisdictional at a higher level of abstraction, speaking of jurisdiction as a concept of authority rather than a technical term for civil procedure. This Article engages this multilevel debate with an argument for unbundling. First, it urges unbundling conceptual jurisdiction from judicial …

Religious Nondelegation, B. Jessie Hill

Loyola University Chicago Law Journal

The problem of religious exemptions has given rise to a rich body of scholarly literature, as well as a flood of litigation. One recent set of cases involved challenges to the Affordable Care Act’s (ACA) health care mandates—Section 1557 and the contraceptive mandate—and their religious exemptions. Some scholars have argued that religious exemptions violate the Establishment Clause when they confer a benefit on religious individuals, the costs of which are largely borne by those who do not share the religious individuals’ beliefs—a notion that is sometimes expressed in terms of “third-party harms.” The third-party harms approach to Establishment Clause violations …

The New Thoreaus, Mark L. Movsesian

Loyola University Chicago Law Journal

Fifty years ago, in Wisconsin v. Yoder, the Supreme Court famously indicated that “religion” denotes a communal rather than a purely individual phenomenon. An organized group like the Amish would qualify as religious, the Court wrote, but a solitary seeker like the nineteenth century transcendentalist Henry David Thoreau would not. At the time, the question was mostly peripheral; hardly any Americans claimed to have their own, personal religions that would make it difficult for them to comply with civil law. In the intervening decades, though, American religion has changed. One-fifth of us—roughly sixty-six million people—now claim, like Thoreau, to …

Families, Schools, And Religious Freedom, Helen M. Alvaré

Loyola University Chicago Law Journal

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …

United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa

Loyola University Chicago Law Journal

Since 1917, residents of Puerto Rico have been citizens of the United States. However, because of Puerto Rico’s status as a United States territory, residents of Puerto Rico are not automatically guaranteed the same constitutional rights as other citizens of the United States. When faced with the question of what constitutional rights residents of Puerto Rico are entitled to, the Supreme Court has continued to perpetuate the otherness of United States territories. This disposition results from the United States’ colonial mindset in the acquisition and government of its territories. The discrimination against United States territories, namely Puerto Rico, has bled …

Ignored, Harassed, And Endangered: States Must Provide Gender-Affirming Healthcare To Transgender Youth In Juvenile Detention, Jake Gnolfo

Loyola University Chicago Law Journal

In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held a prison’s denial of gender-affirming care to a transgender adult prisoner constituted cruel and unusual punishment under the Eighth Amendment. However, the reality for incarcerated transgender juveniles is much different. It is incredibly hard, if not impossible, for transgender juveniles to obtain access to gender-affirming care while detained. Furthermore, states have begun banning gender-affirming healthcare for all transgender youth. Preliminary injunctions of these laws have been swift and successful; however, transgender juveniles remain left out of the conversation. While being restrained of their …

Stimulus Checks, Universal Basic Income, And Debtor Protections, Sophie B. Laing

Loyola Consumer Law Review

Interest in Universal Basic Income (UBI) is growing. While Congress may not be passing UBI legislation anytime soon, the policy has enjoyed enthusiastic support from a variety of high-profile politicians and advocates and made its way from a fringe idea to a national debate. Universal Basic Income has inspired pilot programs across the country, beginning with one such program in 2019 and growing to at least thirty-three by 2021. UBI has been discussed, debated, and dissected in the literature, which has addressed arguments for and against UBI, the values and principles underlying the program, and the policy mechanisms needed to …

Student Loans And Financial Distress: A Qualitative Analysis Of The Most Common Student Loan Complaints, Matthew Adam Bruckner, Christopher J. Ryan, Jr.

Loyola Consumer Law Review

Student loan servicers are the face of the U.S. student loan system, and they are not well-liked. Using the Consumer Financial Protection Bureau's (the CFPB) consumer complaint database, we study borrower perceptions of the student loan system. We qualitatively analyzed a sample of complaint narratives drawn from every student loan complaint ever filed with the CFPB. Our analysis of these complaint narratives reveals clear patterns of discontent in four primary areas: 1) a mismatch between ability to repay and repayment options, including problems with forbearance, deferments, the public service loan forgiveness program, income-driven repayment plans, and loan cancellation options; 2) …

The Megamerger Of Kroger-Albertsons: A Big Deal For Chicago Consumers, Brett Wainscott

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Healthwashing: Corporate Communication Strategies In A Legal Gray Zone, Felix Delerm, Anna Galmiche, Melanie Levy

Loyola Consumer Law Review

In an age of rising prevalence of non-communicable diseases, transnational companies of the tobacco, alcohol, and food industries wash their risk-creating commercial activities and unhealthy products and incidentally mislead consumers. This paper examines industries' quest for legitimacy through elaborate communication strategies. It conceptualizes the practice of healthwashing as a new form of a commercial determinant of health, revealing the inherent tension between commercial and public health objectives. Healthwashing consists of deceptive, multi-level communication strategies, including labeling and advertising, that trick consumers into believing they support companies whose practices align with their values. The paper is the first to present an …

Federal Courts On Mifepristone: How Do Healthcare Consumers Fare?, Jessica Antoni

Loyola Consumer Law Review

No abstract provided.

Arbitration As Seventh Amendment Waiver: A New Angle For Consumer Advocates?, Steven Becker

Loyola Consumer Law Review

No abstract provided.

The Federal Trade Commission's Green Guides: Failing The American Consumer And The Planet, Thomas Farbacher

Loyola Consumer Law Review

No abstract provided.

Dark Patterns In Law And Economics Framework, Katri Nousiainen, Catalina Perdomo Ortega

Loyola Consumer Law Review

No abstract provided.

Dope At The Door: The Legalization Of Cannabis Delivery And Why Illinois Should Too, Ian Lindsay

Loyola Consumer Law Review

No abstract provided.

What The Judge Ate For Breakfast: Reasonable Consumer Challenges In Misleading Food Labeling Claims, Jessica Guarino, Nabilah Nathani, A. Bryan Endres

Loyola Consumer Law Review

Food, being an established aspect of global human culture and history, occupies a unique role in contemporary society. Given the massive market available for packaged and processed food, companies have taken deceptive marketing to new heights, resulting in a flurry of consumer litigation. The dominant test for -evaluating the scope of these cases is the reasonable consumer standard, an amorphous assessment which requires a probability that a majority of the general public or targeted consumers would be misled by said deceptive marketing. By analyzing state and federal consumer protection statutes, landmark cases, and elements of human and cultural psychology, the …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

I Think I'Ve Seen This Film Before: How Taylor Swift's Eras Tour Has Exposed The Need To Investigate Ticketmaster's Market Dominance, Grace Connelly

Loyola Consumer Law Review

No abstract provided.

Death By Fashion: Consumers Face Health Risks By Purchasing From Unregulated Fast Fashion Brands, Elizabeth Durosko

Loyola Consumer Law Review

With the rise of globalization and, as an effect, outsourcing, fast fashion has grown in popularity and accessibility. While this trend provides consumers with greater accessibility to affordable fashion trends, it also comes with significant costs.

In the past few years, studies have revealed that clothing produced via various fast fashion brands contain elevated levels of toxic chemicals. While legislatures have tried to regulate these issues, the existing laws fall short of protecting consumers from these harmful chemicals.

To address this issue and better regulate the industry, the United States needs a widespread solution. U.S. legislatures must look to other …