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Full-Text Articles in Law

Antitrust Marathon Iv: With Authority, Spencer W. Waller Jan 2010

Antitrust Marathon Iv: With Authority, Spencer W. Waller

Faculty Publications & Other Works

No abstract provided.


Character, Competence, And The Principles Of Medical Discipline, Nadia N. Sawicki Jan 2010

Character, Competence, And The Principles Of Medical Discipline, Nadia N. Sawicki

Faculty Publications & Other Works

This Article presents a first-of-its-kind analysis of the disciplinary functions of state medical licensing boards-the frequently overlooked administrative agencies designed to serve as the "gatekeepers" of the medical profession. It concludes that medical boards may have lost sight of their primary goal of patient protection and suggests that a renewed focus on professional licensing boards may go a long way towards addressing some of the quality of care problems plaguing the American medical system.

This Article identifies three fundamental legal principles underlying medical boards' authority to discipline physicians: the goal of public protection, substantive due process limitations based on fitness …


Love, Truth And The Economy: A Reflection On Benedict Xvi's Caritas In Veritate, John M. Breen Jan 2010

Love, Truth And The Economy: A Reflection On Benedict Xvi's Caritas In Veritate, John M. Breen

Faculty Publications & Other Works

No abstract provided.


Well-Being Analysis, John Bronsteen Jan 2010

Well-Being Analysis, John Bronsteen

Faculty Publications & Other Works

No abstract provided.


The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities Fraud Actions, Michael J. Kaufman Jan 2010

The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities Fraud Actions, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen Jan 2010

The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen

Faculty Publications & Other Works

No abstract provided.


"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki Jan 2010

"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


The Google Book Settlement And The Fair Use Counterfactual., Matthew Sag Jan 2010

The Google Book Settlement And The Fair Use Counterfactual., Matthew Sag

Faculty Publications & Other Works

No abstract provided.


The Quagmire Of Hospital Governance., John D. Blum Jan 2010

The Quagmire Of Hospital Governance., John D. Blum

Faculty Publications & Other Works

No abstract provided.


The Pretext Of Textualism: Disregarding Stare Decisis In 14 Penn Plaza V. Pyett, Margaret L. Moses Jan 2010

The Pretext Of Textualism: Disregarding Stare Decisis In 14 Penn Plaza V. Pyett, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


Expansion And Contraction In Monopolization Law., Spencer Weber Waller Jan 2010

Expansion And Contraction In Monopolization Law., Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose Jan 2010

The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose

Faculty Publications & Other Works

Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect or a suspect class under Equal Protection. In fact, the majority in San Antonio Independent School …


It’S All About The Principal: Preserving Consumers’ Right Of Rescission Under The Truth In Lending Act, Lea K. Shepard Jan 2010

It’S All About The Principal: Preserving Consumers’ Right Of Rescission Under The Truth In Lending Act, Lea K. Shepard

Faculty Publications & Other Works

No abstract provided.


Ain't I A Parent?: Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood., Sacha M. Coupet Jan 2010

Ain't I A Parent?: Exclusion Of Kinship Caregivers From The Debate Over Expansions Of Parenthood., Sacha M. Coupet

Faculty Publications & Other Works

Kinship caregivers-a group disproportionately populated by persons of color, particularly black grandmothers -have historically assumed parental roles, often together with a legal parent. Yet even as kin have increasingly assumed substantial parental responsibilities over the past few decades, they continue to have limited opportunities to carry the title of legal parent. At the same time, in claims involving stepfamilies and same sex partners of parents, and cases involving assisted reproductive technology (ART), family courts have expanded their definition of parenthood to recognize the rights of other caregivers, including those whose parental claims extend beyond the so-called "rule of two."2 The …


Harmonizing Essential Facilities, Spencer Weber Waller Jan 2010

Harmonizing Essential Facilities, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


Blood And Behavior., Anne-Marie E. Rhodes Jan 2010

Blood And Behavior., Anne-Marie E. Rhodes

Faculty Publications & Other Works

No abstract provided.


Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger Jan 2010

Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger

Faculty Publications & Other Works


Arbitration Law: Who's In Charge?"., Margaret L. Moses Jan 2010

Arbitration Law: Who's In Charge?"., Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock Jan 2010

Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum Jan 2010

Variables Of Health Reform And Their Impacts On The Elderly., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Regressing: The Troubling Dispositive Role Of Event Studies In Securities Fraud Litigation., Michael J. Kaufman Jan 2010

Regressing: The Troubling Dispositive Role Of Event Studies In Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

An event study is a statistical regression analysis that merely provides one method of examining the effect of an event, such as a disclosure of information on the market price of a security. Yet the law governing event studies has become inseparable from the substantive law governing securities fraud litigation. Courts have effectively collapsed securities fraud actions into a single question: Whether the defendant's misrepresentation or omission created a disparity between the transaction price of a security and its true value measured by the precise reaction of the market price to the disclosure of the concealed information. A misrepresentation or …


The Roberts Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission., Allen E. Shoenberger Jan 2010

The Roberts Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission., Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Abraham Lincoln, Lawyers, And The Civil War: Bicentennial Explorations., George Anastaplo Jan 2010

Abraham Lincoln, Lawyers, And The Civil War: Bicentennial Explorations., George Anastaplo

Faculty Publications & Other Works

No abstract provided.


September Eleventh, A Citizen’S Responses (Continued): Introduction., George Anastaplo Jan 2010

September Eleventh, A Citizen’S Responses (Continued): Introduction., George Anastaplo

Faculty Publications & Other Works

No abstract provided.


Brands Competition And The Law., Spencer Weber Waller Jan 2010

Brands Competition And The Law., Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


Retribution And The Experience Of Punishment., John Bronsteen Jan 2010

Retribution And The Experience Of Punishment., John Bronsteen

Faculty Publications & Other Works

No abstract provided.


Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation., Michael J. Kaufman Jan 2010

Resolving The Continuing Controversy Regarding Confidential Informants In Private Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


The First 100 Years: The Centennial History Of Loyola University Chicago School Of Law, Thomas M. Haney Jan 2010

The First 100 Years: The Centennial History Of Loyola University Chicago School Of Law, Thomas M. Haney

Faculty Publications & Other Works

No abstract provided.


Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum Jan 2010

Finding A New Regulatory Pathway For The Old Labyrinth Of Health Planning., John D. Blum

Faculty Publications & Other Works

No abstract provided.


Burning Crosses On Campus: University Hate Speech Codes., Alexander Tsesis Jan 2010

Burning Crosses On Campus: University Hate Speech Codes., Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.