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Loyola University Chicago, School of Law

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Articles 1 - 30 of 3717

Full-Text Articles in Law

A Century Of Latino/Hispanic Graduates, Thomas M. Haney Jan 2017

A Century Of Latino/Hispanic Graduates, Thomas M. Haney

Faculty Publications & Other Works

No abstract provided.


90th Anniversary Of Women Law Graduates, Thomas M. Haney Jan 2016

90th Anniversary Of Women Law Graduates, Thomas M. Haney

Faculty Publications & Other Works

No abstract provided.


Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn Jan 2016

Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn

Faculty Publications & Other Works

After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary ...


Grand Chapter, Order Of The Eastern Star Of The State Of Illinois V. Topinka: Court Upholds, But Suggests Change In, Bed Tax Law, Anton Dirnberger Ii, John Harig Jan 2015

Grand Chapter, Order Of The Eastern Star Of The State Of Illinois V. Topinka: Court Upholds, But Suggests Change In, Bed Tax Law, Anton Dirnberger Ii, John Harig

Loyola University Chicago Law Journal

No abstract provided.


Department Of Homeland Security V. Maclean: What Law Is And Who Makes It, Kristine A. Bergman, Joseph Weishampel Jan 2015

Department Of Homeland Security V. Maclean: What Law Is And Who Makes It, Kristine A. Bergman, Joseph Weishampel

Loyola University Chicago Law Journal

No abstract provided.


Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer Jan 2015

Gearing Up For The Next Industrial Revolution: 3d Printing, Home-Based Factories, And Modes Of Social Control, Elizabeth J. Kennedy, Andrea Giampetro-Meyer

Loyola University Chicago Law Journal

While former industrial factories are being converted into modern living spaces in cities across the country, residential homes are being converted into modern factories thanks to advances in three-dimensional (“3D”) printing technology, an emerging “Maker Movement,” and the rise of online marketplaces like Etsy. Despite growing environmental, child-labor, and safety concerns, these “home-based factories” are largely unregulated. In the absence of traditional workplace protections, how can we gear up for the “next industrial revolution” while guarding against the sweatshop conditions of the last? How can we harness the Maker Movement’s commitment to do-it-yourself democracy in order to combat abuses ...


United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton Jan 2015

United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton

Loyola University Chicago Law Journal

The False Claims Act (“FCA”) is the government’s primary tool in combatting procurement fraud. It allows the United States to litigate cases alleging fraudulent claims against governmental entities, and also allows whistleblowers (called relators) to bring such cases, litigate them on behalf of the government, and collect a share of the proceeds. The viability of the FCA depends on its ability to encourage whistleblowers to come forward and report fraud committed by contractors with the government. One limitation on whistleblowers’ ability to litigate FCA cases is the so-called public-disclosure bar, which bars claims that have been publicly exposed.1 ...


Just Because It's Legal Doesn't Mean You Can Do It: The Legality Of Employee Eavesdropping And Illinois Workplace Recording Policies, Michael J. Gibson Jan 2015

Just Because It's Legal Doesn't Mean You Can Do It: The Legality Of Employee Eavesdropping And Illinois Workplace Recording Policies, Michael J. Gibson

Loyola University Chicago Law Journal

In March 2014, in People v. Clark and People v. Melongo the Illinois Supreme Court held unconstitutional a large portion of the Illinois Eavesdropping Act (“IEA”), one of the nation’s strictest criminal eavesdropping statutes. However, on December 30, 2014, outgoing Governor Pat Quinn signed into law a new eavesdropping statute remedying what Clark and Melongo deemed unconstitutional. Prior to 2014, under the IEA, if employers caught employees recording conversations at work, the employer hardly needed a justification for employee discipline or discharge: the employee was violating the law. Thus, Clark, Melongo, and the December changes to the IEA raise ...


Planning Past Pensions, Julie Roin Jan 2015

Planning Past Pensions, Julie Roin

Loyola University Chicago Law Journal

Evidence of state and local government dysfunction surfaces in many areas. One is the operation of employee pension plans. Free from the strictures of the Employee Retirement Income Security Act (“ERISA”), some state governments failed to adequately fund their pension promises. With the imminent retirement of the baby boom generation, these states are facing what appear to be insurmountable pension debts. Illinois is one of the worst hit states, with grossly underfunded pension plans, a state constitutional prohibition on reducing pension benefits, and a sizable non-pension-related budget deficit. Illinois courts will likely strike down recently passed pension “reforms.” There are ...


Mixing Oil & Water: Why Child-Custody Evaluations Are Not Meshing With The Best Interest Of The Child, Bari L. Nathan Jan 2015

Mixing Oil & Water: Why Child-Custody Evaluations Are Not Meshing With The Best Interest Of The Child, Bari L. Nathan

Loyola University Chicago Law Journal

The Illinois Marriage and Dissolution of Marriage Act provides the statutory requirements for marriage and dissolution of marriage in Illinois. Section 604(b) gives courts the discretion to appoint an evaluator in order to aid in the determination of child custody by evaluating the relevant parties and writing a report. If and when these 604(b) evaluators are appointed, there are virtually no guidelines that set forth what they may or may not do in the course of their evaluations. As a result of this lack of guidelines, 604(b) evaluators often employ clinical assessment instruments (i.e., psychological tests ...


Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo, Samuel J. Dykstra Jan 2015

Weighing Down The Cloud: The Public Performance Right And The Internet After Aereo, Samuel J. Dykstra

Loyola University Chicago Law Journal

In American Broadcasting Companies, Inc. v. Aereo, Inc., the Supreme Court concluded that Aereo’s streaming of broadcast television programs over the Internet to its subscribers was an infringing public performance under the Copyright Act of 1976 (“Copyright Act”). The Court interpreted the “Transmit Clause” of the Copyright Act to mean that when determining whether a performance created by a transmission is to “the public” the relevant audience is not that of a particular transmission, but of the work being transmitted. Thus, it did not matter that Aereo operated by creating unique copies and via separate transmissions available to only ...


Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried Jan 2015

Evidence Of A Third Party's Guilt Of The Crime That The Accused Is Charged With: The Constitutionalization Of The Soddi (Some Other Dude Did It) Defense 2.0, Edward J. Imwinkelried

Loyola University Chicago Law Journal

No abstract provided.


The Lanham Act's Wonderful Complement To The Fdca: Pom Wonderful V.Coca-Cola Enhances Protection Against Misleading Labeling Through Integrated Regulation, Jennifer Thurswell Radis Jan 2015

The Lanham Act's Wonderful Complement To The Fdca: Pom Wonderful V.Coca-Cola Enhances Protection Against Misleading Labeling Through Integrated Regulation, Jennifer Thurswell Radis

Loyola University Chicago Law Journal

POM Wonderful sued Coca-Cola under the Lanham Act claiming that it suffered losses due to the misleading label on Coca-Cola’s Minute Maid brand’s Pomegranate Blueberry juice blend. Reversing the Ninth Circuit’s decision in June 2014, the Supreme Court found that POM’s claim was not precluded even though the label was regulated by the FDCA. In fact, the Court acknowledged the complementary nature of private enforcement with FDA regulation, as it did in Wyeth v. Levine in 2009. This Article submits that POM exemplifies the Court’s willingness to strengthen the Lanham Act’s protections against misleading ...


Variable Interest Entities: Alibaba's Regulatory Work-Around To China's Foreign Investment Restrictions, Kaitlyn Johnson Jan 2015

Variable Interest Entities: Alibaba's Regulatory Work-Around To China's Foreign Investment Restrictions, Kaitlyn Johnson

Loyola University Chicago International Law Review

No abstract provided.


The Global Economic Cost Of Cancer: Improving Outcomes And Cost By Reducing International Barriers To Care, Alexandra Gross Jan 2015

The Global Economic Cost Of Cancer: Improving Outcomes And Cost By Reducing International Barriers To Care, Alexandra Gross

Loyola University Chicago International Law Review

No abstract provided.


Recognizing "Access To Information" As A Basic Human Right: A Necessary Step In Enforcing Human Rights Provisions Within Free Trade Agreements, Brittany Grasmick Jan 2015

Recognizing "Access To Information" As A Basic Human Right: A Necessary Step In Enforcing Human Rights Provisions Within Free Trade Agreements, Brittany Grasmick

Loyola University Chicago International Law Review

No abstract provided.


Permanent Sovereignty Over Natural Resources And The Sanctity Of Contracts, From The Angle Of Lucrum Cessans, Sangwani Patrick Ng'ambi Jan 2015

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.


Indefinite Detention In The War On Terror: Why The Criminal Justice System Is The Answer, Wesley S. Mccann Jan 2015

Indefinite Detention In The War On Terror: Why The Criminal Justice System Is The Answer, Wesley S. Mccann

Loyola University Chicago International Law Review

No abstract provided.


The Tangled Web: Cross-Border Conflicts Of Copyright Law In The Age Of Internet Sharing, Elisabeth Fiordalisi Jan 2015

The Tangled Web: Cross-Border Conflicts Of Copyright Law In The Age Of Internet Sharing, Elisabeth Fiordalisi

Loyola University Chicago International Law Review

No abstract provided.


Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia Jan 2015

Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia

Children's Legal Rights Journal

No abstract provided.


Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder Jan 2015

Around The World: Protecting Victims Of Child Pornography In Japan, Lauren Schroeder

Children's Legal Rights Journal

No abstract provided.


The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock Jan 2015

The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock

Faculty Publications & Other Works

This past summer, the United States Supreme Court handed down its decision in Halliburton v. Erica P. John Fund, Inc. (“Halliburton II”), in which the Court held that a defendant may establish lack of price impact at the certification stage to establish a lack of reliance based upon the fraud-on-the-market theory. This was the third decision in three years dealing with the fraud-on-the-market approach to establishing commonality with respect to reliance by plaintiffs on management’s misrepresentations. In so doing, the Supreme Court retained market efficiency as an element of the fraud-on-the-market theory, but also reflected a broader and less ...


Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger Jan 2015

Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Promoting Innovation, Matthew Sag, Spencer Weber Waller Jan 2015

Promoting Innovation, Matthew Sag, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


The Outer Limits Of Realization: Weiss V. Stearn And Corporate Dilution, Jeffrey L. Kwall, Katherine K. Wilbur Jan 2015

The Outer Limits Of Realization: Weiss V. Stearn And Corporate Dilution, Jeffrey L. Kwall, Katherine K. Wilbur

Faculty Publications & Other Works

The United States Supreme Court's 1924 Weiss v. Stearn decision involved a classic case of corporate dilution. In that case, a corporation ("Oldco') transferred its business to a new corporation ("Newco ') in a transaction in which the Oldco shareholders surrendered all their stock for 50 percent of the stock of Newco (and cash). The transaction diluted the proprietary interest of the Oldco shareholders from 100 percent to 50 percent. Because the Oldco shareholders surrendered control of the enterprise, the 50 percent interest they received in Newco was fundamentally different from the 100 percent interest they had owned in Oldco ...


Free Speech Constitutionalism, Alexander Tsesis Jan 2015

Free Speech Constitutionalism, Alexander Tsesis

Faculty Publications & Other Works

In his Article, Professor Tsesis examines the three dominant normative rationales for free speech in the United States. In turn, he critiques the theories that free speech furthers democratic institutions, that free speech furthers personal autonomy, and, lastly, that free speech advances knowledge by perpetuating a marketplace of ideas. While Professor Tsesis finds much to recommend in each theory, he also finds each lacking. He concludes that the present theories are too narrow to describe the range of concerns encompassed by the First Amendment's Free Speech Clause. As such, Tsesis proposes that First

Amendment doctrine should reflect a general ...


How Federal Tax Expenditures That Support Housing Contribute To Economic Inequality, Henry Rose Jan 2015

How Federal Tax Expenditures That Support Housing Contribute To Economic Inequality, Henry Rose

Faculty Publications & Other Works

No abstract provided.


Toward A Critical Corporate Law Pedagogy And Scholarship, Steven A. Ramirez, Cheryl L. Wade, Andre Douglas Pond Cummings Jan 2015

Toward A Critical Corporate Law Pedagogy And Scholarship, Steven A. Ramirez, Cheryl L. Wade, Andre Douglas Pond Cummings

Faculty Publications & Other Works

No abstract provided.


Selling Chevron, Christine Chabot Jan 2015

Selling Chevron, Christine Chabot

Faculty Publications & Other Works

No abstract provided.


Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now, Juan F. Perea Jan 2015

Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.