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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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
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.