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Articles 1 - 30 of 34

Full-Text Articles in Law

The Judicial Access Barriers To Remedies For Securities Fraud., Michael J. Kaufman Jan 2012

The Judicial Access Barriers To Remedies For Securities Fraud., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki Jan 2012

Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer Jan 2012

Wal-Mart V. Dukes: Taking The Protection Out Of Protected Classes., Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


Antitrust And Social Networking, Spencer Weber Waller Jan 2012

Antitrust And Social Networking, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


Repatriating Tax-Exempt Investments: Tax Havens, Blocker Corporations, And Unrelated Debt-Financed Income., Samuel D. Brunson Jan 2012

Repatriating Tax-Exempt Investments: Tax Havens, Blocker Corporations, And Unrelated Debt-Financed Income., Samuel D. Brunson

Faculty Publications & Other Works

When a tax-exempt entity is both able and willing to lend its exemption to other taxpayers, tax-averse parties line up to take advantage of its largesse (and, in the process, reduce their own tax bill). Congress, eager to prevent such abuse of the exemption, decided that, in some circumstances, it would tax entities that would otherwise be exempt from taxation. In this Article, I show that Congress's response to such "lending" has failed to solve the problem and, in fact, is harmful to the tax system and to tax-exempt entities. To address this problem, this Article proposes a new way …


Summary Pre-Judgment: The Supreme Court's Profound, Pervasive And Problematic Presumption About Human Behavior., Michael J. Kaufman Jan 2012

Summary Pre-Judgment: The Supreme Court's Profound, Pervasive And Problematic Presumption About Human Behavior., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


In Defense Of The Gses, Steven A. Ramirez Jan 2012

In Defense Of The Gses, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Messy Mental Markers: Inferring Scienter From Core Operations In Securities Fraud Litigation., Michael J. Kaufman Jan 2012

Messy Mental Markers: Inferring Scienter From Core Operations In Securities Fraud Litigation., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Redoing The Statutory Scheme By Rule-Making, Charles W. Murdock Jan 2012

Redoing The Statutory Scheme By Rule-Making, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.


Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet Jan 2012

Beyond “Eros:” Relative Caregiving, “Agape” Parentage, And The Best Interests Of Children., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.


Into The Light Of Day: Relevance Of The Thirteenth Amendment To Contemporary Law, Alexander Tsesis Jan 2012

Into The Light Of Day: Relevance Of The Thirteenth Amendment To Contemporary Law, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Fraud Created The Market., Michael J. Kaufman Jan 2012

Fraud Created The Market., Michael J. Kaufman

Faculty Publications & Other Works

As we have shown in a series of prior Articles, and as scholars have accepted since, class actions are vital to protecting investors. Presumptions of reliance facilitate class-wide resolution of securities fraud claims. Without class certification, individual damages may be de minimis, and thus investors would be unlikely to bring a securities fraud suit. This underenforcement allows those who defraud investors to skate liability and impugn the integrity of the marketplace. Under Rule 1Ob-5, for securities fraud the Supreme Court has presumed reliance to facilitate class actions where there is an omission in the face of a duty to disclose …


Predicting Fair Use, Matthew Sag Jan 2012

Predicting Fair Use, Matthew Sag

Faculty Publications & Other Works

No abstract provided.


Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, Nadia N. Sawicki Jan 2012

Patient Protection And Decision Aid Quality: Regulatory And Tort Law Approaches, Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.


Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger Jan 2012

Symposium: Theory And Praxis In Reducing Women’S Poverty, Annette Appell, Emily Benfer, Davida Finger

Faculty Publications & Other Works

No abstract provided.


An Information-Gathering Approach To Copyright Policy, Matthew Sag Jan 2012

An Information-Gathering Approach To Copyright Policy, Matthew Sag

Faculty Publications & Other Works

For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR manufacturers, the creators of file sharing software, Google Books, etc.). Usually, the copyright owners and the technology firms reach a licensing deal-but not without some form of government intervention. Various institutions within the federal government have become involved in these disputes, using a variety of different mechanisms. This Article is a theoretical investigation of government intervention in these content-technology copyright …


The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki Jan 2012

The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki

Faculty Publications & Other Works

Two hundred years ago, Thomas Jefferson asserted that no law "ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates-most notably in the medical and military contexts-are predicated on the theory that claims of conscience are worthy of legal respect. This Article, which offers a comprehensive account of the contemporary treatment of conscience, challenges established assumptions and seeks to reframe the debate about the normative value of …


Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer Jan 2012

Health Justice Project: A Collaborative Commitment To Solving Real World Problems, Emily Benfer

Faculty Publications & Other Works

No abstract provided.


Self-Government And The Declaration Of Independence, Alexander Tsesis Jan 2012

Self-Government And The Declaration Of Independence, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Toward A Stronger Financial History Antidiscrimination Norm., Lea Krivinskas Shepard Jan 2012

Toward A Stronger Financial History Antidiscrimination Norm., Lea Krivinskas Shepard

Faculty Publications & Other Works

This Article examines a topic at the intersection of consumer protection and antidiscrimination law: the use by employers and licensing organizations of applicants' credit reports and financial histories in the hiring and licensing processes. The Article begins with a broad normative assessment of the merits of the practice by examining applicable "logics of personhood," categories of a framework of antidiscrimination analysis that assesses whether traditionally unprotected groups are entitled to formal antidiscrimination safeguards. Thus, the Article considers whether financial histories validly and reliably reflect personality traits relevant to job performance. It then examines to what extent the use of financial …


Gender Subordination And The Thirteenth Amendment, Alexander Tsesis Jan 2012

Gender Subordination And The Thirteenth Amendment, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple, Allen E. Shoenberger Jan 2012

Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.


Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa Jan 2012

Curtailing Ecosystem Exportation: Ecosystem Services As A Basis To Reconsider The Merits Of Export-Driven Agriculture In Economies Highly Dependent On Agricultural Exports, James T. Gathii, Keith H. Hirokawa

Faculty Publications & Other Works

ABSTRACT Functioning ecosystems play a critical role in providing goods and services needed to sustain human life.' Water provision and filtration, biodiversity, nutrient cycling, climate regulation, and carbon sequestration are all examples of services ecosystems provide that no society could survive without.2 Yet ecosystem services have historically been taken for granted, depleted by intention or ignorance, and replaced with inadequate substitutes.' Recent research on ecosystem services has exposed the shockingly high local, regional, and global costs of losing these essential services.'


Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J. Jan 2012

Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.


North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer Jan 2012

North American Border Wars: The Role Of Canadian And American Scholarship In U.S. Labor Law Reform Debates, Susan Bisom-Rapp, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.


A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert J. Araujo S.J. Jan 2012

A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.


Foia The First Amendment: Representative Democracy And The People’S Exclusive “Right To Know”, Barry Sullivan Jan 2012

Foia The First Amendment: Representative Democracy And The People’S Exclusive “Right To Know”, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Use Of Dominance, Unlawful Conduct, And Causation Under Section 36 Of The New Zealand Commerce Act: A Us Perspective, Jeffrey M. Cross, J. Douglas Richards, Maurice E. Stucke, Spencer Weber Waller Jan 2012

Use Of Dominance, Unlawful Conduct, And Causation Under Section 36 Of The New Zealand Commerce Act: A Us Perspective, Jeffrey M. Cross, J. Douglas Richards, Maurice E. Stucke, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.


Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses Jan 2012

Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii Jan 2012

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii

Faculty Publications & Other Works

No abstract provided.