Intersection of Trademark and Franchise Law

In this Article, Daniel Shulman and Joshua Grant discuss how trademark law and franchise law intersect—and how that intersection can lead to potential pitfalls for trademark licensors. While ordinary trademark-license law is neutral as between licensors and licensees, franchise law is intentionally pro-franchisee. In particular, the authors discuss how what is intended to be a …
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Fundamental Fairness over Finality: People v. Reed and Freestanding Innocence Claims for Guilty-Plea Defendants in Illinois

In this Note, Clinton Small analyzes People v. Reed, in which the Illinois Supreme Court established a new form of relief for defendants who have pled guilty to a crime. Under Reed, Illinois defendants may raise freestanding claims of actual innocence if they produce new, material, and noncumulative evidence which clearly and convincingly demonstrates that …
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Volume 54 Editorial Board

Congratulations to the members that were recently elected to join the Editorial Board of the Loyola University Chicago Law Journal! We are excited to have these students continue their commitment to scholarship as leaders of Volume 54 of the Journal. The Volume 54 Board’s masthead is below. Additionally, congratulations to all of our current staff …
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Rectifying Broken Treaties: McGirt v. Oklahoma, a Step Toward Natural Resource Sovereignty

In this Note, Thomas Siwula analyzes the U.S. Supreme Court’s decision in McGirt v. Oklahoma, where the Court ruled that Congress had never divested the Muscogee Creek Nation’s reservation in eastern Oklahoma of its independent status. Siwula examines how the Court moved away from a historical analysis and toward a textual analysis of reservation divestment. …
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Loyola Law Journal Spring Newsletter

In this Spring Newsletter, our Editor in Chief writes an address on Volume 52 and discusses the Journal‘s accomplishments despite the challenges of the COVID-19 pandemic. Further, various leaders on the Journal inform the community about Issues I through IV of Volume 52, the Journal‘s Online Edition, its Symposium reviewing the criminal justice system, and …
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How Undocumented Immigrants Became Physicians: History and Future Prospects

Cesar E. Montelongo Hernandez, Mark G. Kuczewski, and Greg Siskind review key legislative developments, case law, and institutional policy from the Elementary and Secondary Education Act of 1965 to the Deferred Action for Childhood Arrivals (DACA) program that was created in 2012 to show their contribution to enabling the development of undocumented physicians. The authors argue …
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Morally Wrong, Constitutionally Vague: The Improper Conviction of Michelle Carter

In this Note, Madison Heckel analyzes Michelle Carter’s conviction of involuntary manslaughter for encouraging and commanding her boyfriend to kill himself. Heckel argues that the Massachusetts Appellate Court ignored the full extent of the fair warning requirements and incorrectly determined that there was appropriate notice that Carter’s conduct could result in criminal prosecution. Heckel further …
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