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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 ...


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.


Antisemitism And Hate Speech Studies, Alexander Tsesis Jan 2015

Antisemitism And Hate Speech Studies, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Copyright Trolling, An Empirical Study, Matthew Sag Jan 2015

Copyright Trolling, An Empirical Study, Matthew Sag

Faculty Publications & Other Works

ABSTRACT: This detailed empirical and doctrinal study of copyright trolling presents new data showing the astonishing rate of growth of multi-defendant John Doe litigation in United States district courts over the past decade. It also presents new evidence of the association between this form of litigation and allegations of infringement concerning pornographic films. Multi-defendant

John Doe lawsuits have become the most common form of copyright litigation in several U.S. districts, and in districts such as the Northern District of Illinois, copyright litigation involving pornography accounts for more than half of new cases.

This Article highlights a fundamental oversight in ...


Understanding The Tethered Generation: Net Gens Come To Law School, Mary Ann Becker Jan 2015

Understanding The Tethered Generation: Net Gens Come To Law School, Mary Ann Becker

Faculty Publications & Other Works

No abstract provided.


Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba Jan 2015

Rights For Child Victims Of Prostitution: A Significant Step In The Right Direction Under The Florida Safe Harbor Act, Banesa Arenciba

Children's Legal Rights Journal

No abstract provided.


The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth Jan 2015

The Icwa’S Pre-Existing Custody Requirement: A Flexible Approach To Better Protect The Interests Of Indian Fathers, Children, And Tribes, Jeffrey A. Parness, Amanda Beveroth

Children's Legal Rights Journal

No abstract provided.


Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai Jan 2015

Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai

Children's Legal Rights Journal

No abstract provided.


Reviews: The Hidden Genocide: Humanizing The Struggle Of The Muslim Rohingya Of Myanmar, Amie Bauer Jan 2015

Reviews: The Hidden Genocide: Humanizing The Struggle Of The Muslim Rohingya Of Myanmar, Amie Bauer

Children's Legal Rights Journal

No abstract provided.


Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins Jan 2015

Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins

Children's Legal Rights Journal

No abstract provided.


In The Courts: Interpreting The Icwa In Light Of Adoptive Couple, Christina Cook Jan 2015

In The Courts: Interpreting The Icwa In Light Of Adoptive Couple, Christina Cook

Children's Legal Rights Journal

No abstract provided.


Spotlight On: Native American Fatherhood And Families, Mike Montgomery Jan 2015

Spotlight On: Native American Fatherhood And Families, Mike Montgomery

Children's Legal Rights Journal

No abstract provided.


Around The World: U.S. Efforts To Combat Sex Trafficking Of Minors, Laura Smith Jan 2015

Around The World: U.S. Efforts To Combat Sex Trafficking Of Minors, Laura Smith

Children's Legal Rights Journal

No abstract provided.


Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan Jan 2015

Balancing A Child’S Right To Be Heard With Protective Measures Undertaken In “The Best Interests Of The Child”: Does The International Criminal Court Get It Right?, Nalia S. Awan

Children's Legal Rights Journal

No abstract provided.


Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert Jan 2015

Beyond Paroline: Ensuring Meaningful Remedies For Child Pornography Victims At Home And Abroad, Warren Binford, Janna Giesbrecht-Mckee, Joshua L. Savey, Rachel Schwartz-Gilbert

Children's Legal Rights Journal

No abstract provided.


Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen Jan 2015

Are Juvenile Gang Members Victims Of Labor Trafficking?, Christina M. Rizen

Children's Legal Rights Journal

No abstract provided.


Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn Jan 2015

Spotlight On: Chicago Resources Aimed At The Intervention Of Youth Gang Activity And Alternatives To Juvenile Delinquency, Thomas Goodwyn

Children's Legal Rights Journal

No abstract provided.


In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee Jan 2015

In The Courts: Sentencing Juvenile Offenders, Hsin-Hisn Lee

Children's Legal Rights Journal

No abstract provided.