Law Commons^™

Two Men And Twenty Years Of Meetings: Norman Amaker, Derrick Bell, And The Midwestern People Of Color Legal Scholarship Conference From 1990-2010, Neil G. Williams

Loyola University Chicago Law Journal

No abstract provided.

Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch

Loyola University Chicago Law Journal

Derivatives are commonly defined as some variation of the following: financial instruments whose value is derived from the performance of a secondary source such as an underlying bond, commodity, or index. This definition is both over-inclusive and under-inclusive. Thus, not surprisingly, even many policy makers, regulators, and legal analysts misunderstand them. It is important for interested parties such as policy makers to understand derivatives because the types and uses of derivatives have exploded in the last few decades and because these financial instruments can provide both social benefits and cause social harms. This Article presents a framework for understanding modern …

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Loyola University Chicago Law Journal

This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …

Community Collateral Damage: A Question Of Priorities, Andrea J. Boyack

Loyola University Chicago Law Journal

Today's soaring mortgage default rate and the uncertainty and delay associated with mortgage foreclosure proceedings threaten to cause financial tragedies of the commons in condominiums and homeowner associations across the country. Assessment defaults in privately governed communities result in an inequitable allocation of upkeep costs-a phenomenon that current law has failed to prevent. But the collateral damage caused by delayed foreclosures and insufficient recoveries can be minimized by increasing the payment priority of the association lien.

In a majority of states, association liens are completely subordinate to the first mortgage lien. At foreclosure of the mortgage lien, the junior priority …

A Lesson From Cape Wind: Implementation Of Offshore Wind Energy In The Great Lakes Should Occur Through Multi-State Cooperation, Hanna Conger

Loyola University Chicago Law Journal

No abstract provided.

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism And Winners And Losers Of International Debt Crises, Tayab Mahmud

Loyola University Chicago Law Journal

The global financial meltdown and the Great Recession of 2007-2009 have brought into sharp relief the uneven distribution of gain and pain during economic crises. The 2009-2010 debt crisis in Greece resulted in a windfall for financial institutions at the expense of taxpayers, a rollback of welfare systems, and the impoverishment of the working classes. This outcome is consistent with the pattern that has emerged in the international debt crises of the last three decades, including the Latin American crisis during the 1980s and the Asian crisis during the 1990s. The recurrent international debt crises of the last three decades …

Filling The Void: The Case For The Repudiating And Replacing Illinois' Void Sentence Rule, Kristopher N. Classen, Jack O'Malley

Loyola University Chicago Law Journal

No abstract provided.

The Coming Extinction Of Homo Economicus And The Eclipse Of The Chicago School Of Antitrust: Applying Evolutionary Biology To Structural And Behavioral Antitrust Analysis, Thomas J. Horton

Loyola University Chicago Law Journal

No abstract provided.

Worldview Diversity In The Boardroom: A Law And Social Equity Rationale, Regina F. Burch

Loyola University Chicago Law Journal

No abstract provided.

The Distance Imperative: A Different Way Of Thinking About Public Official Corruption Investigations/Prosecutions And The Federal Role, Norman Abrams

Loyola University Chicago Law Journal

No abstract provided.

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, Alberto Bernabe

Loyola University Chicago Law Journal

No abstract provided.

Rendition Operations: Does U.S. Law Impose Any Restrictions?, Daniel L. Pines

Loyola University Chicago Law Journal

For centuries, the United States has seized individuals oversees and, outside any formal extradition process, brought such individuals to the United States to stand trial. A more recent wrinkle has been the transfer of such individuals to other countries for the purposes of prosecution or interrogation. Known as "rendition operations," such transfers have often been criticized. Numerous commentators, asserting that many of these activities violate U.S. law, have called on the U.S. government to cease such operations and prosecute U.S. officials who engage in them. Nonetheless, President Barack Obama established a Special Task Force, which recently advocated the continued use …

Bankruptcy, Relocation, And The Debtor's Dilemma: Preserving Your Homestead Exemption Versus Accepting The New Job Out Of State, Timothy R. Tarvin

Loyola University Chicago Law Journal

Current unemployment levels have forced a significant portion of homeowners to contemplate bankruptcy. In an attempt to avoid the impending bankruptcy, those homeowners have sought new employment, even when that new employment would entail moving to a different state. Yet crossing state lines may be the worst strategy for a debtor considering bankruptcy. Most jurisdictions limit the homestead exemption in bankruptcy to residents; to exempt a home from creditor claims, a debtor must have lived in her current domicile for two years. Thus, the unemployed debtor who is trying to avoid bankruptcy by moving out of state to begin new …

Defending The Formal Federal Civil Rulemaking Process: Why The Court Should Not Amend Procedural Rules Through Judicial Interpretation, Nathan R. Sellers

Loyola University Chicago Law Journal

No abstract provided.

Responding To Political Corruption: Some Institutional Considerations, Jonathan L. Entin

Loyola University Chicago Law Journal

No abstract provided.

I Would, But I Need The Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption, David Schleicher

Loyola University Chicago Law Journal

No abstract provided.

Facts In Exile: Corruption And Abstraction In Citizens United V. Federal Election Commission, Zephyr Teachout

Loyola University Chicago Law Journal

No abstract provided.

John Courtney Murray, S. J.: A Model Of Engagement, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.

Taking Economic Human Rights Seriously After The Debt Crisis, Steven A. Ramirez

Loyola University Chicago Law Journal

No abstract provided.