Law Commons^™

In Re Justice Hugo La Fayette Black (1886-1971): My More Or Less "Personal" Experience Of Him, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

Our Divine Constitution, David Schraub

Loyola University Chicago Law Journal

No abstract provided.

Patent Law Is, At Best, Not Worth Keeping, Richard Stallman

Loyola University Chicago Law Journal

No abstract provided.

The Written Description Gap, Timothy R. Holbrook

Loyola University Chicago Law Journal

Within patent law, there are two primary mechanisms that attempt to afford the appropriate balance between patent owners and subsequent inventors. First are the disclosure doctrines: a patent applicant cannot claim more than what she has actually disclosed in the patent application. A claim that is overly broad because it lacks adequate support in the patent specification is invalid. There is a clear link between the extent of the patent disclosure and the permissible scope of the claims contained therein. The second constraint on a patentee’s ability to obtain claim scope is the prior art. A claimed invention must be …

Patent Law Revisionism At The Supreme Court?, Ted Sichelman

Loyola University Chicago Law Journal

The Supreme Court generally may overrule, revise, or disregard its precedent. However, the Court lacks such discretion when Congress codifies prior judicial precedent. Yet, the Court has repeatedly subverted Congress’s codification of scienter standards for indirect patent infringement. This Essay describes in detail the Court’s bungled—essentially revisionist—interpretations of its precedent in Aro Mfg. Co. v. Convertible Top Replacement Co. in 1964 and in Global-Tech v. SEB in 2011. Indeed, this Essay suggests that the Court in Global-Tech engaged in intentional obfuscation, very likely via a law clerk and unbeknownst the Justices. In the very least, the Justices abdicated their responsibility …

Patent Variation: Discerning Diversity Among Patent Functions, Jessica Silbey

Loyola University Chicago Law Journal

This Article describes and analyzes qualitative interview data collected over a five-year period. The goal of the interviews was to explore the roles of intellectual property (“IP”) in IP rich fields. Interviews were with diverse actors in a wide-range of industries: film, book publishing, visual arts, internet commerce, biology, engineering, chemistry, computer science. The data described and analyzed in this Article focuses on the specific question about the diverse functioning of patents in the subset of interviewees who are scientists and engineers, their lawyers and business partners. The Article proceeds in two parts. Part I describes the empirical dimension of …

Patent Law's Disclosure Requirement, Jason Rantanen

Loyola University Chicago Law Journal

The requirement that recipients of patents disclose information about their inventions is a fundamental attribute of patent systems. Yet, despite being a core element of patent law, the disclosure requirement is rarely thought of in those terms; rather, it is conventionally approached by first dissecting it in two ways: in terms of its doctrinal mechanisms (primarily enablement and written description) and in terms of its theoretical basis. While this dissection can be useful in understanding issues within the disclosure requirement, the resulting compartmentalization also imposes limits on this approach.

This Essay approaches patent law’s disclosure requirement from a more holistic …

Could The American Psychiatric Association Cause You Headaches? The Dangersous Interaction Between The Dsm-5 And Employment Law, Douglas A. Hass

Loyola University Chicago Law Journal

No abstract provided.

Regretting Roth? Why And How The Supreme Court Could Deprive Tenured Public Teachers Of Due Process Rights In Employment, Karl D. Camillucci

Loyola University Chicago Law Journal

No abstract provided.

Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law In The United Kingdom And The United States, Susan Bisom-Rapp, Malcolm Sargeant

Loyola University Chicago Law Journal

No abstract provided.

Reflections On The Nlrb's Labor Law Jurisprudence After Wilma Liebman, David L. Gregory, Ian Hayes, Amanda Jaret

Loyola University Chicago Law Journal

No abstract provided.

Behavioral Economics And Investor Protection: Keynote Address, Daniel Kahneman

Loyola University Chicago Law Journal

No abstract provided.

What Kahneman Means For Lawyers: Some Reflections On Thinking, Fast And Slow, Charles W. Murdock, Barry Sullivan

Loyola University Chicago Law Journal

No abstract provided.

The Individual Mandate's Due Process Legality: A Kantian Explanation, And Why It Matters, Peter Brandon Bayer

Loyola University Chicago Law Journal

In National Federation of Independent Business v. Sebelius, one of the most controversial decisions of this young century, an intensely divided Supreme Court upheld the Patient Protection and Affordable Care Act’s most provocative feature-—the Individual Mandate-—under Congress’s taxing power. In so doing, the Court rejected what appeared to be the Individual Mandate’s more applicable constitutional premise-—Congress’s authority to regulate interstate commerce. Yet, neither the Constitution’s Taxing Clause nor its Commerce Clause provide the ultimate answer as to whether Congress may regulate the multi-billion dollar healthcare market by compelling unwilling persons to buy private health insurance. The final determination of …

Behavioral Science And Scienter In Class Action Securities Fraud Litigation, Ann Morales Olazábal

Loyola University Chicago Law Journal

No abstract provided.

Rewiring The Dna Of Securities Fraud Litigation: Amgen'S Missed Opportunity, Geoffrey Rapp

Loyola University Chicago Law Journal

No abstract provided.

The Law Is A Fractal: The Attempt To Anticipate Everything, Andrew Morrison Stumpff

Loyola University Chicago Law Journal

No abstract provided.

Behavioral Economics Applied: Loss Causation, Robert A. Prentice

Loyola University Chicago Law Journal

Current securities fraud doctrine applying section 10(b) and Rule 10b-5 set a high bar for civil damages plaintiffs who must plead and prove both loss causation and transaction causation in order to prevail. Such a strict standard is not demanded by the law, given that the purpose of the Securities Act of 1933 and Securities Exchange Act of 1934 was to provide more protection for investors than had the common law of fraud. Nonetheless, the courts, especially the Supreme Court in Dura Pharmaceuticals v. Broudo, have chosen to impose this additional requirement.

This Article examines the behavioral psychology literature, …

Foreword: Behavioral Econimis And Investor Protection, Michael J. Kaufman

Loyola University Chicago Law Journal

No abstract provided.

Daniel Kahneman's Influence On Legal Theory, Russell Korobkin

Loyola University Chicago Law Journal

No abstract provided.

Building On Kahneman's Insights In The Development Of Behavioral Finance, Hersh Shefrin

Loyola University Chicago Law Journal

No abstract provided.

Taking The Presumption Against Extraterritoriality Seriously In Criminal Cases After Morrison And Kiobel, David Keenan, Sabrina P. Schroff

Loyola University Chicago Law Journal

In two recent decisions, Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), and Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013), the Supreme Court emphatically reaffirmed the longstanding presumption that federal statutes do not apply outside the territorial United States absent a “clear indication” to the contrary. Although Morrison and Kiobel involved civil suits under section 10(b) of the Securities Exchange Act and the Alien Tort Statute (“ATS”) respectively, this Article contends that the Court’s holdings ought to similarly restrict the extraterritorial application of federal criminal law. That is because Morrison and Kiobel instruct …

A Behavioral View Of Investor Protection, Thomas S. Ulen

Loyola University Chicago Law Journal

No abstract provided.

Conjoining "Recklessness" In Securities Fraud Cases To Moral Culpability, Jed S. Rakoff

Loyola University Chicago Law Journal

No abstract provided.

Antitrust Law And Economic Theory: Finding A Balance, Edward D. Cavanagh

Loyola University Chicago Law Journal

Over the past forty years, the federal courts have relied more and more on economic theory to inform their antitrust analyses. Economic theory has indeed provided guidance with respect to antitrust issues and assisted the courts in reaching rational outcomes. At the same time, infusion of economic evidence into antitrust cases has made these cases more complex, lengthier, more expensive to litigate, and less predictable.

This Article argues that courts need to restore the balance between facts and economic theory in undertaking antitrust analysis. The problem is not that judges and juries cannot reach good outcomes in antitrust cases, but …

The Nature Of The Law And The Role Of Citizenship, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.

A New Philosophy For Financial Stability Regulation, Hilary J. Allen

Loyola University Chicago Law Journal

The financial crisis of 2007–2008 revealed many inadequacies in the pre-crisis approach to financial stability regulation. In the United States, Congress responded by enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act calls for government agencies to make numerous rules regulating activities that have the potential to harm financial stability, but there has been no real effort to rethink how these rules should be assessed. The cost-benefit analysis standard used to evaluate financial stability regulation prior to the crisis persists today, and both the courts and Congress have sought to further entrench that standard. However, cost-benefit analysis …

The Mysterious Lockstep Doctrine And The Future Of Judicial Federalism In Illinois, John Christopher Anderson

Loyola University Chicago Law Journal

No abstract provided.

The Swinging Pendulum Of Equity: How History And Custom Shaped The Development Of The Receivership Statute In Illinois, Jesse G. Reyes

Loyola University Chicago Law Journal

No abstract provided.

Efforts To Fix A Broken System: Brown V. Plata And The Prison Overcrowding Epidemic, Lauren Salins, Shepard Simpson

Loyola University Chicago Law Journal

Excessive incarceration is a national problem. Across the country, prisons face dangerous levels of overcrowding, which has led to unconstitutional conditions of confinement and the inability of states to effectively rehabilitate their inmates. Ardent public support of “tough on crime” policies inhibits state legislatures from enacting successful reforms. In turn, states spend large percentages of their budget to sustain failing and ineffective corrections systems. By some estimates, states could save hundreds of millions of dollars annually if they reduced prison populations through proactive reforms, such as early release programs and diversionary tactics. In light of these factors, a consideration of …