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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.


Holt V. Hobbs: Rluipa Requires Religious Exception To Prison's Beard Ban, Jonathan J. Sheffield, Alex S. Moe, Spencer K. Lickteig Jan 2015

Holt V. Hobbs: Rluipa Requires Religious Exception To Prison's Beard Ban, Jonathan J. Sheffield, Alex S. Moe, Spencer K. Lickteig

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.


Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch Jan 2015

Condoning The Crime: The Elusive Mens Rea For Complicity, Alexander F. Sarch

Loyola University Chicago Law Journal

There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, these familiar approaches face difficulties. Accordingly, we have reason to continue our search for the elusive mens rea for complicity. This Article develops a new account of the mens rea for complicity, drawing on ...


Privileged Access To Financial Innovation, Cary Martin Shelby Jan 2015

Privileged Access To Financial Innovation, Cary Martin Shelby

Loyola University Chicago Law Journal

Access to private funds is limited to an elite class of investors—wealthy individuals and large institutions. Individuals of more modest means—“retail investors”—face more limited investment choices; generally they can only invest in mutual funds. Despite this inequitable division, the current regulatory climate will lead to an even further expansion of the private fund industry. This Article argues that this loosening regulatory climate could lead to a talent drain amongst registered funds, could narrow the investment choices available to retail investors, and could deepen the already troubling income gap between wealthy and average earners. With respect to a ...


Linking Patent Reform And Civil Litigation Reform, Greg Reilly Jan 2015

Linking Patent Reform And Civil Litigation Reform, Greg Reilly

Loyola University Chicago Law Journal

Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expensive and burdensome in patent cases. Excessive discovery is said to fuel so-called “patent trolls” and impose an unhealthy tax on innovation and competition. These supposedly exceptional problems have led to exceptional patent-only reform proposals, such as delaying most discovery for over a year and reversing the seventy-five-year-old allocation of discovery costs. Treating patent litigation as exceptional has a siloing effect. Patent reform debates ignore parallel debates over general civil litigation reform that raise the same arguments about disproportionately expensive and burdensome discovery and propose their own set of ...


Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman Jan 2015

Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman

Loyola University Chicago Law Journal

No abstract provided.


The Statement And Account Clause As A National Security Freedom Of Information Act, Lawrence Rosenthal Jan 2015

The Statement And Account Clause As A National Security Freedom Of Information Act, Lawrence Rosenthal

Loyola University Chicago Law Journal

The amount of the aggregate annual appropriations for the civilian and military intelligence programs is the only aspect of intelligence spending that is publicly disclosed. As a consequence, a great deal of information about how public funds are spent remains secret, potentially insulating from ordinary processes of political accountability not only waste, inefficiency, and abuse, but also what the public may regard as unwarranted intrusions on its privacy. This Article offers a constitutional vehicle for greater transparency—the Constitution’s Statement and Account Clause, which provides that “a regular Statement and Account of the Receipts and Expenditures of all public ...


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.


Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll Jan 2015

Opposing Viewpoints: The Sixth Amendment And Child Witnesses, Sarah Kroll

Children's Legal Rights Journal

No abstract provided.


Spotlight On: School Violence Prevention, Paige Steffen Jan 2015

Spotlight On: School Violence Prevention, Paige Steffen

Children's Legal Rights Journal

No abstract provided.


Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez Jan 2015

Interview With: Miranda Johnson, Associate Director Of The Education Law And Policy Institute, Loyola University Chicago School Of Law, Jenessy Rodriguez

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.