Law Commons^™

Law School Plagiarism: A Measured Solution For An Unmeasured Problem, Ashley S. Lipson

Loyola University Chicago Law Journal

No abstract provided.

Virtual Justice: Measuring Perceptions Of Fairness In Civil And Criminal Courts, Kaitlyn Filip, Kat Albrecht

Loyola University Chicago Law Journal

COVID-19 had an instant effect on the court system in the United States as court business ground to a halt and then transitioned to being conducted online. Now the courts have a substantial decision to make concerning how much court business should continue being conducted online and what court business should return entirely to in-person proceedings. Because of the relative recency of digital court modalities, the body of existent research is small. Moreover, the existing universe of law research takes pre-pandemic in-person proceedings as a necessary baseline instead of considering virtual courts as a potential mechanism for improving enduring problems …

Introduction, Jake Gnolfo

Loyola University Chicago Law Journal

No abstract provided.

Table Of Contents, Luc Law Journal

Loyola University Chicago Law Journal

No abstract provided.

United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa

Loyola University Chicago Law Journal

Since 1917, residents of Puerto Rico have been citizens of the United States. However, because of Puerto Rico’s status as a United States territory, residents of Puerto Rico are not automatically guaranteed the same constitutional rights as other citizens of the United States. When faced with the question of what constitutional rights residents of Puerto Rico are entitled to, the Supreme Court has continued to perpetuate the otherness of United States territories. This disposition results from the United States’ colonial mindset in the acquisition and government of its territories. The discrimination against United States territories, namely Puerto Rico, has bled …

Independent And Overlapping: Institutional Religious Freedom And Religious Providers Of Social Services, Kathleen A. Brady

Loyola University Chicago Law Journal

Roughly two decades ago, scholarly interest in the limits of government involvement in religious institutions exploded. Scholars explored distinctions between the spiritual and temporal dimensions of human activity and identified numerous individual, social, spiritual and civic goods associated with independent religious groups. From these foundations, they defined and refined areas of protection and immunity from government intervention. A shared premise of much of this work was that religious matters belong to religious believers and their institutions, and that the internal governance and operations of these institutions must be kept from state interference. In 2012, this scholarship bore fruit when the …

Making Protection Unexceptional: A Reconceptualization Of The U.S. Asylum System, Denise Gilman

Loyola University Chicago Law Journal

The United States treats asylum as exceptional, meaning that asylum is presumptively unavailable and is offered only in rare cases. This exceptionality conceit, combined with an exclusionary apparatus, creates a problematic cycle. The claims of asylum seekers arriving as part of wide-scale refugee flows are discounted, and restrictive policies are adopted to block these claims. When asylum claims nonetheless continue to mount, the United States asserts “crisis” and deploys new exclusionary measures. The problems created by the asylum system are not addressed but are instead deepened. This Article encourages a turn away from policies that have led down the same …

Rodriguez At Fifty: Lessons Learned On The Road To A Right To A High-Quality Education For All Students, Kimberly Jenkins Robinson

Loyola University Chicago Law Journal

No abstract provided.

Haaland V. Brackeen: The Decision That Threatened The Indian Child Welfare Act’S Protections Of Native Families In Illinois, Kennedy Ray Fite

Loyola University Chicago Law Journal

The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States’ tragic history of family separation in tribal communities, including removal of native children who were subsequently placed into federal boarding schools or non-native homes by a child-welfare system grounded in white-American assumptions. Congress recognized the vital nature of Native American culture for native children and the importance of native children to tribal …

And On The Third Wave: Using Intersectionality To Resurrect Heightened Scrutiny In Public Education Litigation, Chris Chambers Goodman

Loyola University Chicago Law Journal

This Symposium marks the fiftieth anniversary of San Antonio Independent School District v. Rodriguez, and seeks to address how society could have been different if the Supreme Court had recognized education as a fundamental right. It also considers how the lack of a fundamental right to education may have led to the under-education of our population and may be linked to other issues like economic inequality and the shifting landscape of fundamental rights.

This Article focuses on the ties between race and socioeconomic status in public school K–12 education. It analyzes the impact of the Rodriguez holding that education …

A Law & Macroeconomics Critique Of San Antonio Independent School District V. Rodriguez, Steven A. Ramirez

Loyola University Chicago Law Journal

Fifty years ago, the Supreme Court decided, in San Antonio Independent School District v. Rodriguez, to permit states to provide dramatically disparate funding for childhood education from district to district, thereby concretizing and propagating racial and economic inequality indefinitely. This Article shows that this decision entails staggering macroeconomic costs, undermines human development in the United States, and has hindered the government from promoting general welfare, domestic tranquility, and common defense. The opinion pursued the political objectives of the Southern Strategy and does not rest upon a legitimate exercise of judicial power. Rodriguez furthers the replication of our nation’s racial …

“So” What? Why The Supreme Court’S Narrow Interpretation Of The Computer Fraud And Abuse Act In Van Buren V. United States Has Drastic Effects, Landon Wilneff

Loyola University Chicago Law Journal

In Van Buren v. United States, the United States Supreme Court held that one does not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA) when one accesses information they were otherwise entitled to access. Part I will outline the legislative history of the CFAA, and will explain the circuit split between the Second, Fourth, Sixth, and Ninth Circuits and the First, Third, Fifth, and Seventh Circuits. Part II will detail the facts and procedural history of Van Buren, and will walk through the reasoning of the majority and dissent. Part III will analyze the majority’s …

Table Of Contents, Luc Law Journal

Loyola University Chicago Law Journal

No abstract provided.

Stimulus Checks, Universal Basic Income, And Debtor Protections, Sophie B. Laing

Loyola Consumer Law Review

Interest in Universal Basic Income (UBI) is growing. While Congress may not be passing UBI legislation anytime soon, the policy has enjoyed enthusiastic support from a variety of high-profile politicians and advocates and made its way from a fringe idea to a national debate. Universal Basic Income has inspired pilot programs across the country, beginning with one such program in 2019 and growing to at least thirty-three by 2021. UBI has been discussed, debated, and dissected in the literature, which has addressed arguments for and against UBI, the values and principles underlying the program, and the policy mechanisms needed to …

Student Loans And Financial Distress: A Qualitative Analysis Of The Most Common Student Loan Complaints, Matthew Adam Bruckner, Christopher J. Ryan, Jr.

Loyola Consumer Law Review

Student loan servicers are the face of the U.S. student loan system, and they are not well-liked. Using the Consumer Financial Protection Bureau's (the CFPB) consumer complaint database, we study borrower perceptions of the student loan system. We qualitatively analyzed a sample of complaint narratives drawn from every student loan complaint ever filed with the CFPB. Our analysis of these complaint narratives reveals clear patterns of discontent in four primary areas: 1) a mismatch between ability to repay and repayment options, including problems with forbearance, deferments, the public service loan forgiveness program, income-driven repayment plans, and loan cancellation options; 2) …

The Megamerger Of Kroger-Albertsons: A Big Deal For Chicago Consumers, Brett Wainscott

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Healthwashing: Corporate Communication Strategies In A Legal Gray Zone, Felix Delerm, Anna Galmiche, Melanie Levy

Loyola Consumer Law Review

In an age of rising prevalence of non-communicable diseases, transnational companies of the tobacco, alcohol, and food industries wash their risk-creating commercial activities and unhealthy products and incidentally mislead consumers. This paper examines industries' quest for legitimacy through elaborate communication strategies. It conceptualizes the practice of healthwashing as a new form of a commercial determinant of health, revealing the inherent tension between commercial and public health objectives. Healthwashing consists of deceptive, multi-level communication strategies, including labeling and advertising, that trick consumers into believing they support companies whose practices align with their values. The paper is the first to present an …

Federal Courts On Mifepristone: How Do Healthcare Consumers Fare?, Jessica Antoni

Loyola Consumer Law Review

No abstract provided.

Arbitration As Seventh Amendment Waiver: A New Angle For Consumer Advocates?, Steven Becker

Loyola Consumer Law Review

No abstract provided.

The Federal Trade Commission's Green Guides: Failing The American Consumer And The Planet, Thomas Farbacher

Loyola Consumer Law Review

No abstract provided.

Dark Patterns In Law And Economics Framework, Katri Nousiainen, Catalina Perdomo Ortega

Loyola Consumer Law Review

No abstract provided.

Dope At The Door: The Legalization Of Cannabis Delivery And Why Illinois Should Too, Ian Lindsay

Loyola Consumer Law Review

No abstract provided.

What The Judge Ate For Breakfast: Reasonable Consumer Challenges In Misleading Food Labeling Claims, Jessica Guarino, Nabilah Nathani, A. Bryan Endres

Loyola Consumer Law Review

Food, being an established aspect of global human culture and history, occupies a unique role in contemporary society. Given the massive market available for packaged and processed food, companies have taken deceptive marketing to new heights, resulting in a flurry of consumer litigation. The dominant test for -evaluating the scope of these cases is the reasonable consumer standard, an amorphous assessment which requires a probability that a majority of the general public or targeted consumers would be misled by said deceptive marketing. By analyzing state and federal consumer protection statutes, landmark cases, and elements of human and cultural psychology, the …

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

I Think I'Ve Seen This Film Before: How Taylor Swift's Eras Tour Has Exposed The Need To Investigate Ticketmaster's Market Dominance, Grace Connelly

Loyola Consumer Law Review

No abstract provided.

Death By Fashion: Consumers Face Health Risks By Purchasing From Unregulated Fast Fashion Brands, Elizabeth Durosko

Loyola Consumer Law Review

With the rise of globalization and, as an effect, outsourcing, fast fashion has grown in popularity and accessibility. While this trend provides consumers with greater accessibility to affordable fashion trends, it also comes with significant costs.

In the past few years, studies have revealed that clothing produced via various fast fashion brands contain elevated levels of toxic chemicals. While legislatures have tried to regulate these issues, the existing laws fall short of protecting consumers from these harmful chemicals.

To address this issue and better regulate the industry, the United States needs a widespread solution. U.S. legislatures must look to other …

Expanding Access For The Credit Invisible With Just Four Easy Payments? The Unregulated Rise Of Buy Now, Pay Later, Colleen E. Mandell, Morgan J. Lawrence

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Annals Of Health Law And Life Sciences

Annals of Health Law and Life Sciences

No abstract provided.