Law Commons^™

Antitrust Privacy, Revisited, Gregory Day

Loyola Consumer Law Review

When large technology companies, known as "Big Tech," became prevalent, they engendered tremendous debate in antitrust circles. On one hand, many of the companies seemed to vanquish competition using methods that could hardly be described as fair or meritorious. But the problem with harnessing antitrust enforcement was that most tech markets appear to be innovative, high-quality, and cheaply priced (one could even say "free"). Since anticompetitive conduct must render high prices, diminished innovation, eroded quality, or otherwise harm "consumer welfare" to offend antitrust law, Big Tech was able to dodge antitrust scrutiny-for a while anyway.

Given the seemingly anticompetitive behaviors …

The Afterpay Hangover, Nathalie Martin, David Lynn

Loyola Consumer Law Review

Buy Now Pay Later (BNPL) companies such as Afterpay, Klarna, Affirm, and Zilch, have grown faster than any other payment method during the pandemic and the BNPL payment method is expected to continue to grow exponentially well into the future. Under BNPL arrangements, consumers buy relatively moderately-priced items online and pay for them in installments, typically without interest. BNPL companies earn revenues from merchant fees. and late fees assessed to consumers, rather than traditional interest. Because consumers do not pay fees or interest if the scheduled installments are paid on time, these companies argue that they do not fall within …

The Inequity Of Third-Party Bail Practices, Judge Patrick Carroll

Loyola University Chicago Law Journal

For many criminal defendants, a common source of bail funds is their own family or friends. Such individuals typically assist in the expectation that if the defendant complies with court orders and satisfies all court appearances, their money will be returned to them. In revenue-motivated court systems, however, bail funds--even when owned by a third party--are often applied to the defendant's fines and court costs, resulting in the effective forfeiture of the friend or relative's money. This Article reviews the processes of third-party bonds, the risk that a third-party bond will be incorrectly identified as the defendant's asset, and the …

Amtrak: The Failure Of Passenger Preference And Politics Of Nonenforcement, David J. Konarske

Loyola University Chicago Law Journal

America's modern passenger rail system was born from a bargain between the federal government and the private railroad industry: The government would relieve the private railroads of their responsibility to provide passenger rail services, and in exchange, those companies would give preference to passenger-carrying Amtrak trains on their tracks. This was codified in federal statute. Yet, almost fifty years later, this preference is unenforced, Amtrak trains are routinely sidelined in favor of freight trains, and Amtrak struggles with on-time performance and financial sustainability. Even modest improvements in the percentage of passenger trains arriving on time would result in substantial savings …

Introduction To Issue Two, Jack Hynes

Loyola University Chicago Law Journal

No abstract provided.

The Common Prosecutor, Melanie D. Wilson

Loyola University Chicago Law Journal

This symposium piece stems from the Loyola University of Chicago Law Journal's Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”

The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …

Torture, Ethics, Accountability?, David R. Katner

Loyola University Chicago Law Journal

Torture--including waterboarding--has been banned under international and domestic law in the United States dating back to World War II when the U.S. sought to hold Japanese interrogators accountable for waterboarding American prisoners of war. Following the 9/11 attacks on the World Trade Center and the Pentagon, the Bush administration sought legal justification from White House counsel to detain and initiate interrogation practices long considered to constitute acts of torture. After legal memos were drafted, psychologists and physicians along with nurses and other medical professionals engaged in waterboarding and other forms of abusive interrogation often resulting in no reliable intelligence from …

Linking Revisions To The Ap I Commentary To Gendered Effects Of Kinetic Operations, Jody M. Prescott

Loyola University Chicago International Law Review

In 2000, UNSCR 1325 on Women, Peace, and Security called on the international community to fully implement international humanitarian law ("THL") that protects the rights of women and girls during armed conflict. Since then, work in this area has largely avoided the parts of IHL that deal with the application of armed force. The International Committee of the Red Cross ("ICRC") is now well along in the process of updating its influential commentaries on the 1949 Geneva Conventions and the 1977 Additional Protocols. To fully implement UNSCR 1325 vis-a-vis IHL, the ICRC should use this opportunity to revise the Commentary …

Settler Colonialism And Assimilative Education: Comparing Federal Reconciliation Efforts For Indigenous Residential And Boarding Schools In Canada And The United States, Holly Jacobs

Loyola University Chicago International Law Review

This article compares the historical development, purpose and legacy, and subsequent reconciliation and reparations efforts of Indigenous residential and boarding schools in the United States and Canada. In both nations, these schools comprised but one piece of a carefully crafted network of federal policies aimed at the removal, assimilation, and cultural genocide of Indigenous peoples, and as a result, had destructive and lasting effects on those they oppressed. By taking a comparative approach and examining the laws and policies surrounding boarding schools in light of settler colonialism, this article hopes to illuminate the efficacy of reconciliation efforts of each nation. …

Table Of Contents

Loyola University Chicago International Law Review

No abstract provided.

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Indigenous Alternative: Tek, Lel, And Solutions For The Unsolvable, Cara Victoria Sawyer

Loyola University Chicago International Law Review

This comment addresses the intentional exclusion of Indigenous nations from the United Nations and, consequently, from the UNFCCC and subsequent climate regime. It cautions of the adverse consequences that have resulted from such exclusion, both to the warming planet and to all its human residents. Critics say that the climate regime has fallen woefully short of reaching its goals. However, this comment suggests that including Indigenous nations in substantial international climate change conversations and decisions could result in yet-to-be-made progress toward reducing global warming. The permanent position status that the Inuit people hold on the Arctic Council, for example, helped …

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

Foreword, Meera V. Patel

Annals of Health Law and Life Sciences

No abstract provided.

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.

Accreditation Information Produced By United States Law Schools To The American Bar Association Should Be Made Available To The Public From Both Law And Policy Perspectives, Henry Webb, Patrick R. Baker, Kaleb Byars

Loyola Consumer Law Review

This article argues that, from a legal perspective, the American Bar Association ("ABA") is the functional equivalent of a government agency and so is subject to the United States Freedom of Information Act. Under Soucie v. David and related cases, the fact that the ABA has the final decision-making authority to decide whether a United States law school is or is not to be accredited renders it the functional equivalent of a government agency, and the ABA's refusal to make available to the public the voluminous amount of important information produced to the ABA by law schools going through the …

Declining Motor Fuel Tax Revenue Due To Electric Vehicles And Increased Fuel Efficiency, Madeline Melby

Loyola Consumer Law Review

The emergence of electric vehicles and increased fuel efficiency within traditional, internal combustion automobiles is an important step in combating climate change. Many state and federal officials have proposed different resolutions to encourage these types of cars and reduce carbon emissions. However, based on the growing number of electric vehicles, hybrids, and overall, more-fuel efficient vehicles, drivers are no longer purchasing fuel at historic levels, and this is effectively curbing the tax revenue once collected at the gas pump on both a state and federal level. Although these vehicles still contribute to the wear and tear associated with driving on …

Table Of Contents, Children's Legal Rights Journal

Children's Legal Rights Journal

No abstract provided.

Physician Liability In The Age Of Data Reliance And Errors, Laura Montesantos

Annals of Health Law and Life Sciences

No abstract provided.

Foreword, Meera V. Patel

Annals of Health Law and Life Sciences

No abstract provided.

Mind The App, Leah R. Fowler, Jessica L. Roberts

Annals of Health Law and Life Sciences

No abstract provided.