Current Volume
Volume 53 – Issue 1 Table of Contents
Remarks:
Articles:
- Public Health in the Opioid Litigation
Dr. Daniel G. Aaron - The Slavery Clause and Criminal Disenfranchisement: How the Thirteenth Amendment Informs the Debate on Crime-Based Franchise Restrictions
Daniel R. Correa - Copyright Versus the Right to Copy: The Civic Danger of Allowing Intellectual Property Law to Override State Freedom of Information Law
Frank D. LoMonte - Keep Distance Education for Law Schools: Online Education, the Pandemic, and Access to Justice
Lael Weinberger
Comment
Volume 53–Issue 2 Table of Contents
Introduction to Volume 53, Issue 2
Articles:
- Addressing the Inevitability of Race in the DOJ’s Enforcement of the Pattern-or-Practice Initiative
Joshua Chanin - The Common Prosecutor
Melanie D. Wilson - Unincorporating Qualified Immunity
Teressa Ravenell - The Real McCoy: Defining the Defendant’s Right to Autonomy in the Wake of McCoy v. Louisiana
Colin Miller - The Inequity of Third-Party Bail Practices
Judge Patrick Carroll
Past Volumes
Race in Education Policy Symposium
The Law Journal is pleased to make available articles from the Race in Education Policy Symposium issue. All citations are to 36 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
Articles:
- From Brown to Grutter
by Linda S. Greene - Contextual Strict Scrutiny and Race-Conscious Policy Making
by Angelo N. Ancheta - Fraud by the Supreme Court: Racial Discrimination by a State Institution of Higher Education Upheld on Diversity Grounds
by Lino A. Graglia - The Hypothetical Opinion in Grutter v. Bollinger from the Perspective of the Road Not Taken in Brown v. Board of Education
by Kevin Brown - The Deconstitutionalization of Education
by Erwin Chemerinsky - Thoughts on Grutter v. Bollinger and Gratz v. Bollinger as Law and as Practical Politics
by Gail Heriot - Brown v. Board of Education 50 Years Later: What Makes for Greatness in a Legal Opinion?
by Neil G. Williams - The Constitutionality of School Corporal Punishment of Children as a Betrayal of Brown v. Board of Education
by Susan H. Bitensky - Perfecting Slavery
by Anthony Paul Farley - Race, National Security and Unintended Consequences: A Sideways Glance at Brown v. Board of Education at Fifty
by Mark K. Moller
Comment:
Peremptory Challenges and Religion: The Unanswered Prayer for a Supreme Court Opinion
by Courtney A. Waggoner
Law Faculty Issue on Justice
The Loyola University Chicago Law Journal is pleased to make available Articles from the Law Faculty Symposium issue on Justice dedicated to Dean Nina S. Appel. All citations are to 36 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
INTRODUCTION:
- Loyola Univeristy Chicago Law Faculty Issue on Justice
by Andrew F. O’Neill, Executive Editor Lead Articles
DEDICATION:
- Nina S. Appel: A Tribute to a Remarkable Dean
by Dean Thomas M. Haney
ARTICLES:
- Justice, the Liberal Arts, and Some Basic Training for Lawyers
by George Anastaplo - Is Justice for One Justice for All? The Dilemma of Public Health Enforcement in an Interconnected World
by John D. Blum - Justice, Access to the Courts, and the Right to Free Counsel for Indigent Parents: The Continuing Scourge of Lassiter v. Department of Social Services of Durham
by Bruce A. Boyer - Justice and Jesuit Legal Education: A Critique
by John M. Breen - Charles Laughton, Marlene Dietrich, and the Prior Inconsistent Statement
by James Carey - The Search for Sex Equality: A Perspective from the Podium on Law and Cultural Change
by Christine G. Cooper - Some Thoughts on Shortsightedness and Intergenerational Equity
by Brett M. Frischmann - Do Patents Promote the Progress of Justice? Reflections on Varied Visions of Justice
by Cynthia M. Ho - Justice and the Administrative State: The FDIC and the Superior Bank Failure
by Christian A. Johnson - Rhetorical Questions Concerning Justice and Equality in Educational Opportunities
by Michael J. Kaufman - Justice: The Impact of a Lawyer’s Personal Philosophy
by Jeffrey L. Kwall - Justice and Truth in Political Discourse
by John L. McCormack - Privatized Justice
by Margaret L. Moses - Fairness and Good Faith as a Precept in the Law of Corporations and Other Business Organizations
by Charles W. Murdock - Liberty: A Human Right, or a Citizen Right
by Jerry E. Norton - Affirmative Action and Admissions at a Jesuit Law School
by Alan Raphael - Retrospective on Justice and the Poor in the United States in the Twentieth Century
by Henry Rose - The European View of American Justice
by Allen E. Shoenberger - Gloria Jean Ate Catfood Tonight: Justice and the Social Compact for Health Care in America
by Lawrence Singer - In Search of Economic Justice: Considering Competition and Consumer Protection Law
by Spencer Weber Waller - Justice Requires Access to the Law
by Julia Wentz - Brown v. Board of Education Fifty Years Later: What Makes for Greatness in a Legal Opinion?
by Neil G. Williams
NOTE:
- kim.pdf
by James W. Kim
Illinois Judicial Conference Symposium
The Law Journal is pleased to make available articles from the Illinois Judicial Conference Symposium issue. All citations are to 36 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
INTRODUCTION:
- The Illinois Judicial Conference Symposium
by Robyn Axberg
ARTICLES:
- Crawford v. Washington, the Confrontation Clause, and Hearsay: A New Paradigm for Illinois Evidence Law
by Ralph Ruebner & Timothy Scahill - A Critique of the Illinois Circuit Rules Concerning Court-Ordered Mediation
by Suzanne J. Schmitz - Curbing Aggressive Police Tactics During Routine Traffic Stops in Illinois
by John F. Decker, Christopher Kopacz, Christina Toto - Stop Me Before I Get Reversed Again: The Failure of Illinois Appellate Courts to Protect Their Criminal Decisions from United States Supreme Court Review
by Timothy P. O’Neill
MENTORSHIP ARTICLE:
- Denying Child Welfare Services to Delinquent Teens: A Call to Return to the Roots of Illinois? Juvenile Court
by Jeffrey M.Y. Hammer
Mentored by Judge Curtis Heaston & Diane N. Walsh
NOTE:
The Law Journal is pleased to make available articles from the Summer 2005 issue. All citations are to 36 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES:
- In Search of Parental Equity: A Father’s Right to Pursue a Claim of Misrepresentation of Fertility
by Jill E. Evans - Director Primacy and Corporate Governance: Shareholder Voting Rights Captured by the Accountability/Authority Paradigm
by Harry G. Hutchison - Enhancing the Performance of the Doping Court: How the Court of Arbitration for Sport Can Do Its Job Better
by Michael Straubel
NOTE:
The Law Journal is pleased to make available articles from the Fall 2005 issue. All citations are to 37 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES:
- What’s Brewing in Dura v. Broudo?: A Review of the Supreme Court’s Opinion and Its Import for Securities-Fraud Litigation
by Patrick J. Coughlin, Eric Alan Isaacson, and Joseph D. Daley - The Unconstitutionality of Class-Based Statutory Limitations on Presidential Nominations: Can a Man Head the Women’s Bureau at the Department of Labor?
by Donald J. Kochan - The Corporate Person: A New Analytical Approach to a Flawed Method of Constitutional Interpretation
by Jess M. Krannich - The NLRB Waffling on Weingarten Rights
by Christine Neylon O’Brien - Music at the Edge of Chaos: A Complex Systems Perspective on File Sharing
by Deborah Tussey
NOTE:
The Law Journal is pleased to make available articles from the Winter 2006 issue. All citations are to 37 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
ARTICLES:
- From Quinlan to Cruzan to Schiavo: What Have We Learned?
by William H. Colby - Terri Schiavo: Unsettling the Settled
by Lois Shepherd - Critical Essay: Musings on the Need to Convince Some People with Disabilities that End-of-Life Decision-Making Advocates Are Not Out to Get Them
by Kathy L. Cerminara - The Right to Die: The Broken Road from Quinlan to Schiavo
by Annette E. Clark - On Hastening Death Without Violating Legal and Moral Prohibitions
by Norman L. Cantor - The Shattered Vessel: The Dying Person in Jewish Law and Ethics
by Philip J. Bentley, DD
The Law Journal is pleased to make available articles from the Winter 2006 issue. All citations are to 38 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Drawn from Local Knowledge. . .And Conformed to Local Wants: Zoning and Incremental Reform of Dormant Commerce Clause Doctrine
by John M. Baker & Mehmet K. Konar-Steenberg - The United States’ Experience with Energy-Based Tax Incentives: The Evidence Supporting Tax Incentives for Renewable Energy
by Mona Hymel - Subprime Lending, Suboptimal Bankruptcy: A Proposal to Amend §§ 522(f)(1)(B) and 548(a)(1)(B) of the Bankruptcy Code to Protect Subprime Mortgage Borrowers and Their Unsecured Creditors
by R. Stephen Painter, Jr. - Sentencing Without Remorse
by Bryan H. Ward
NOTE
- Arthur v. Catour: An Examination of the Collateral Source Rule in Illinois
by Robert Hernquist
The Law Journal is pleased to make available articles from the Winter 2006 issue. All citations are to 38 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
CONFERENCE ON THE CONSTITUTIONAL AND LEGAL ISSUES PRESENTED BY SAME-SEX RELATIONSHIPS
- The Fourteenth Amendment, Same-Sex Unions, and the Supreme Court
by Michael J. Perry - Marriage, Same-Sex Relationships, and the Catholic Church
by Thomas J. Paprocki - The Difference the Mini-DOMAs Make
by Andrew Koppelman - Lessons from the Bill of Rights about Constitutional Protection for Marriage
by Lynn D. Wardle - The State of the Law of Protecting and Securing the Rights of Same-Sex Partners in Illinois without Benefit of Statutory Rights Accorded Heterosexual Couples
by Richard A. Wilson - The Moral Reasoning of Family Law: The Case of Same-Sex Marriage
by Helen M. Alvaré - The Immorality of Statutory Restrictions on Adoption by Lesbians and Gay Men
by Carlos A. Ball
The Law Journal is pleased to make available articles from the Winter 2006 issue. All citations are to 38 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
CONFERENCE ARTICLES
- Matsushita at Twenty: A Conference Introduction
by Spencer Weber Waller - Communication and Concerted Action
by William H. Page - Comments on Professor Page’s Discussion of Matsushita: Plaintiffs’ Perspective
by Michael J. Freed - Comments on Professor Page’s Discussion of Matsushita
by T. Mark McLaughlin - The Legacy of Matsushita: The Role of Economics in Antitrust Litigation
by Michael A. Salinger - The Proper – And By That I Mean Limited – Role for Economists in Price-Fixing Litigation
by David Marx, Jr. - Matsushita and the Role of Economists with Regard to Proof of Conspiracy
by Daniel R. Shulman - Refining the Matsushita Standard and the Role Economics Can Play
by James Langenfeld & James Morsch
ARTICLES
- Behavioral Economists at the Gate: Antitrust in the Twenty-First Century
by Maurice E. Stucke - Antitrust Governance: The New Wave of Antitrust
by Yane Svetiev
The Law Journal is pleased to make available articles from the Winter 2006 issue. All citations are to 38 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- In Prosecutors We Trust: UK Lessons for Illinois Disclosure
by Susan S. Kuo & C. W. Taylor - Grandparents Raising Grandchildren in Illinois – Establishing the Right to a Continuing Relationship Through Visitation, Custody, and Guardianship in 2007: Where We’ve Been, Where We Are, and Where We Need to Go
by Rebecca J. O’Neill
MENTORSHIP ARTICLES
- Punishing the Protectors: The Illinois Domestic Violence Act Remedy for Victims of Domestic Violence Against Police Misconduct
by Kathryn E. Litchman
Mentored by Judge Jesse G. Reyes - The Expansion of the First Amendment in Judicial Elections: Another Case for Reform
by Mary Eileen Weicher
Mentored by Jona Goldschmidt
COMMENT
The Law Journal is pleased to make available articles from the Fall 2007 issue. All citations are to 39 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Welcome to Hazelton! Illegal immigrants Beware: Local Immigration Ordinances and What the Federal Government Must Do About It
by Karla Mari McKanders - Contracting for Financial Privacy: The Rights of Banks and Customers Under the Reauthorized Patriot Act
by Aditi A. Prabhu - Teaching in Reverse: A Positive Approach to Analytical Errors in 1L Writing
by Susan E. Provenzano & Lesley S. Kagan - Mediating the Evaluative-Facilitative Debate: Why Both Parties Are Wrong and a Proposal for Settlement
by Kenneth M. Roberts
COMMENT
- Extended Jurisdiction Juvenile Prosecutions: To Revoke or Not To Revoke
by Megan M. Sulok, Mentored by Shobha L. Mahadev
The Law Journal is pleased to make available articles from the Winter 2008 issue. All citations are to 39 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Three Federalisms
by Randy E. Barnett - Illuminating the Shadows of Constitutional Space While Tracing the Contours of Presidential War Power
by Dr. Saby Ghoshray - Torture, Truth Serum, and Ticking Bombs: Toward a Pragmatic Perspective on Coercive Interrogation
by Kenneth Lasson - Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative
by Linda C. McClain - Judicial Ideology and the Survival of the Rule of Law: A Field Guide to the Current Political War over the Judiciary
by Stephen B. Presser
The Law Journal is pleased to make available articles from the Spring 2008 issue. All citations are to 39 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Sarbanes-Oxley Five Years Later: A Canadian Perspective
by Stephanie Ben-Ishai - Shareholder Democracy: The Roots of Activism and the Selection of Directors
by John H. Biggs - Managing the Risks of Legal Compliance: Conflicting Demands of Law and Ethics
by John Hasnas - Sarbanes-Oxley Five Year Later: Hero of Villian
by Charles W. Murdock - Enterprise-Wide Risk Management and Corporate Governance
by Betty Simkins and Steven A. Ramirez - Sarbanes-Oxley Five Years Later: Will Criticism of SOX Undermine Its Benefits?
by Cheryl L. Wade
NOTES
- Tellabs v. Makor Issues & Rights, Ltd.: The Weighing Game
by John M. Wunderlich
The Law Journal is pleased to make available articles from the Summer 2008 issue. All citations are to 39 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
DEDICATION TO CONGRESSMAN HENRY J. HYDE
1924-2007
CONTRIBUTION BY:
Bernard J. Beazley
John Boehner
Jesse L. Jackson, Jr.
Peter J. Roskam
ARTICLES
Coming Soon to a Law Practice Near You: The New (And Improved?) Illinois Rules of Professional Conduct
by Alberto Bernabe
Request for Admission in Illinois: No Longer a Trap for the Unwary
by S. Jarret Raab
A Lower Level of Scrutiny? New Alternatives for an Effective Restraint on Competitive Activity
by Daniel J. Raker
Raising the Age for Juvenile Jurisdiction in Illinois: Medical Science, Adolescent Competency, and Cost
by Richard F. Walsh
MENTORSHIP ARTICLE
Inconsistency in Illinois Adoption Law: Adoption Agencies’ Uncertain Duty to Disclose, Investigate, and Inquire
by Steve Mulligan, Mentored by Elizabeth Yore
COMMENT
Ashes to Ashes: Secondhand Smoke Meets a Timely Death in Illinois
by Amanda Bosky
The Law Journal is pleased to make available articles from the Fall 2008 issue. All citations are to 40 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
ARTICLES
- How Much Power Should Be In the Paw? Independent Investigations and the Cat’s Paw Doctrine
by Sara Eber - Why Grammar Matters: Conjugating Verbs in Modern Legal Opinions
by Robert C. Farrell - Understanding and Problematizing Contractual Tort Subrogation
by Brendan S. Maher and Radha A. Pathak
WING-TAT LEE LECTURE IN INTERNATIONAL AND COMPARATIVE LAW
The Law Journal is pleased to make available articles from the Winter 2009 issue. All citations are to 40 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
INTRODUCTION
- Tax Law in a Liberal Democracy: Exploring the Relationship Between Tax and Good Governance
by Amanda L. Bosky
Symposium Editor, Loyola University Chicago Law Journal
December 2008
COMMENTS ON LOYOLA’S TAX PROGRAM
- Loyola University Chicago School of Law: Celebrating 100 Years of Excellence (1908-2008)
by Jeffrey L. Kwall
Professor of Law, Kathleen and Bernard Beazley Research Professor, and
Director of the Tax LL.M. Program
Loyola University Chicago
School of Law
ARTICLES
- Taxation of Carried Interests: The Reform That Did Not Happen
by Howard E. Abrams - The Ideology of Tax Avoidance
by William B. Barker - Cognitive Theory and the Delivery of Welfare Benefits
by Marjorie E. Kornhauser - Tax Policy, Rational Actors, and Other Myths
by Leo P. Martinez - mehrotra_amertax.pdf
by Ajay K. Mehrotra - The Conscientious Legislator and Public Opinion on Taxes
by Lawrence Zelenak
The Law Journal is pleased to make available articles from the Spring 2009 issue. All citations are to 40 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Neutral Principles: Rethinking the Legal History of Civil Rights, 1934-1964
by Anders Walker - Optimal Federalism Across Institutions: Theory and Applications from Environmental and Health Care Policies
by Dale B. Thompson - Using Salience and Influence to Narrow the Tax Gap
by Susan Cleary Morse - Plugging Leaks: The Necessity of Distinguishing Whistleblowers and Wrongdoers in the Free Flow of Information Act
by Michelle C. Gabriel - The Consumer Debt Crisis and the Reinformation of Class Position
by Lois R. Lupica - The Fragile Armistice: The Legal, Economic, and Policy Implications of Trading in a Competitor’s Stock
by Karl T. Muth - Vindicating the Rights of People Living with AIDS Under the Alien Tort Claims Act
by Margaret B. Kwoka - From Here to Beijing: Public/Private Overlaps in Trade and Their Effects on U.S. Law
by Elizabeth Trujillo
The Law Journal is pleased to make available articles from the Summer 2009 issue. All citations are to 40 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Vagrants in Volvos: Ending Pretextual Traffic Stops and Consent Searches of Vehicles in Illinois
by Timothy P. O’Neill - Tort Law and Journalism Ethics
by Richard T. Karcher - Using Article IV of the Illinois Constitution to Attack Legislation Passed by the General Assembly
by Michael J. Kasper - Confronting Testimonial Hearsay: Understanding the New Confrontation Clause
by Judge Daniel B. Shanes - Better Civil Practice in Dissolution of Marriage Litigation
by Sanjay T. Tailor - Discerning the Validity of Arbitration Agreements Containing Heightened Judicial Review Clauses AfterHall Street Associates, L.L.C. v. Mattel, Inc.by Jeremy L. Zell
MENTORSHIP ARTICLE
- Free to Litigate or Free from Litigation: Balancing Plaintiffs’ Rights with Court Considerations and Defendants’ Interests in Hudson v. City of Chicago
by Anne Leigh Drushal
Mentored by Judge Diane Larsen
- Sean M. Anderson, Risky Retirement Business: How ESOPs Harm the Workers They are Supposed to Help, 41 LOY. U. CHI. L. J. (forthcoming).
- David C. Weiss, The International Boundary Commission, Treaty Interpretation, and the President’s Removal Power, 41 LOY. U. CHI. L. J. (forthcoming).
- Danielle Kie Hart, Contract Formation and the Entrenchment of Power, 41 LOY. U. CHI. L. J. (forthcoming).
- Tamara F. Lawson, Before the Verdict and Beyond the Verdict: The CSI Infection Within Modern Criminal Jury Trials, 41 LOY. U. CHI. L. J. (forthcoming).
- Judy M. Cornett, The Ethics of Blawging, 41 LOY. U. CHI. L. J. (forthcoming).
The Law Journal is pleased to make available articles from the Fall 2009 issue. All citations are to 41 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
SPEECHES
- What Use Is the Judiciary in a Financial Crisis?
Remarks of Judge Richard D. Cudahy - Deliberation, Deference, and Discretion: Reflections on Decision Making at the Trial, Appellate, and Supreme Court
Remarks of Justice Rita B. Garman
ARTICLES
- Exiting Litigation
by Jay Tidmarsh - Is the Appearance of Impropriety an Appropriate Standard for Disciplining Judge in the Twenty-First Century?
by Nancy J. Moore - Judicial Transparency, Judicial Ethics, and a Judicial Solution: An Inspector General for the Courts
by Ronald D. Rotunda - Judicial Independence and Accountability in an Age of Unconstitutional Constitutional Amendments
by Teresa Stanton Collett - Joint Infringement After BMC: The Demise of Process Patents
by Stacie L. Greskowiak
The Law Journal is pleased to make available articles from the Spring 2010 issue. All citations are to 41 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
SYMPOSIUM ARTICLES
- Designing Better Institutions of Enforce Competition Law: A Symposium Introduction
by Spencer Weber Waller - When the Going Gets Tight: Institutional Solutions when Antitrust Enforcement Resources are Scarce
by Michal S. Gal - Stranger in a Strange Land: And Outsider’s View of Antitrust and the Courts
by Neil Komesar - Designing Competition Law Institutions: Values, Structures, and Mandate
by Michael J. Trebilcock & Edward M. Iacobucci - Antitrust and Institutions: Design and Change
by Eleanor M. Fox - A Model of Antitrust Regulatory Strategy
by Allan Fels - Reforming the Enforcement of the Japanese Antimonopoly Law
by Mitsuo Matsushita - The Institutional Design of Canadian Competition Law: The Evolving Role of the Commissioner
Calvin S. Goldman, Q.C. & Navin Joneja - Designing Antitrust Agencies for More Effective Outcomes: What Antitrust Can Learn from Restaurant Guides
by D. Daniel Sokol
ARTICLES
The Law Journal is pleased to make available articles from the Summer 2010 issue. All citations are to 41 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
ARTICLES
- The First 100 Years: The Centennial History of Loyola University Chicago School of Law
by Thomas M. Haney - Answering Jurors’ Questions: Next Steps in Illinois
by Nancy S. Marder - Long Road to Justice: The Illinois Supreme Court, the Illinois Attorney General, and the Parental Notice of Abortion Act of 1995
by Paul Benjamin Linton - Why Not Tell the Truth?: Deceptive Practices and the Economic Meltdown
by Charles W. Murdock
MENTORSHIP ARTICLE
- The Illinois Mental Health and Development Disabilities Confidentiality Act: Lest We Forget the Search for the Truth
by Elinor Lynn Hart (Mentored by Judge Diane Larsen)
The Law Journal is pleased to make available articles from the Fall 2010 issue. All citations are to 42 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit theAdobe Acrobat Reader website to download a free copy.
SPEECHES
- John Courtney Murray, S.J.: A Citizen of Two Cities
Remarks of Robert John Araujo, S.J. - The Morality of Advocacy as a Law School Concern: Appointment of Barry Sullivan to Loyola University Chicago Law School’s Cooney & Conway Chair
Remarks of Judge Joan Gottschall - The Humanity of Advocacy
Remarks of Barry Sullivan
ARTICLES
- War and Peace Between Title VII’s Disparate Impact Provision and the Equal Protection Clause: Battling for a Compelling Interest
by Eang L. Ngov - Rights, Privileges, and Access to Information
by Alina Ng - The Proper Guardians of Foster Children’s Educational Interests
by Margaret Ryznar & Chai Park
ESSAY
- Hard Strikes and Foul Blows: Berger v. United States 75 Years After
by Bennett L. Gershman
The Law Journal is pleased to make available articles from the Winter 2011 issue. All citations are to 42 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- The Distance Imperative: A Different Way of Thinking About Public Official Corruption Investigations/Prosecutions and the Federal Role
by Norman Abrams - Responding to Political Corruption: Some Institutional Considerations
by Jonathan L. Entin - I Would, but I Need the Eggs: Why Neither Exit Nor Voice Substantially Limits Big City Corruption
by David Schleicher - Facts in Exile: Corruption and Abstraction in Citizens United v. Federal Election Commission
by Zephyr Teachout
NOTE
The Law Journal is pleased to make available articles from the Spring 2011 issue. All citations are to 42 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
ARTICLES
- Recent Developments in the Law of Lawyering: The New Illinois Rules of Professional Conduct
by Alberto Bernabe - Filling the Void: The Case for Repudiating and Replacing Illinois’ Void Sentence Rule
by Kristopher N. Classen & Honorable Jack O’Malley - The Coming Extinction of Homo Economicus and the Eclipse of the Chicago School of Antitrust: Applying Evolutionary Biology to Structural and Behavioral Antitrust Analyses
by Thomas J. Horton - Rendition Operations: Does U.S. Law Impose Any Restrictions?
by Daniel L. Pines
The Law Journal is pleased to make available articles from the Summer 2011 issue. All citations are to 42 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
INTRODUCTION
- Two Men and Twenty Years of Meetings: Norman Amaker, Derrick Bell, and the Midwestern People of Color Legal Scholarship Conference from 1990-2010
by Neil G. Williams
ARTICLES
- Worldview Diversity in the Boardroom: A Law and Social Equity Rationale
by Regina F. Burch - Is it Greek or Déjà Vu All Over Again?: Neoliberalism and Winners and Losers of International Debt Crises
by Tayyab Mahmud - Taking Economic Human Rights Seriously After the Debt Crisis
by Steven A. Ramirez
COMMENT
The Law Journal is pleased to make available articles from the Fall 2011 issue. All citations are to 43 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
SPEECH
- John Courtney Murray, S.J.: A Model of Engagement
Remarks by Robert John Araujo, S.J.
ARTICLES
- Derivatives: A Twenty-First Century Understanding
by Timothy E. Lynch - Community Collateral Damage: A Question of Priorities
by Andrea J. Boyack - Bankruptcy, Relocation, and the Debtor’s Dilemma: Preserving Your Homestead Exemption Versus Accepting the New Job Out of State
by Timothy R. Tarvin - Burying Our Heads in the Sand: Lack of Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence
by Nancy Chi Cantalupo
The Law Journal is pleased to make available articles from the Winter 2012 issue. All citations are to 43 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
CONTENTS
SPEECH
- eltis_hate_speech.pdf
Remarks of Karen Eltis
ARTICLES
- Formulating a New Atrocity Speech Offense: Incitement to Commit War Crimes
by Gregory S. Gordon - Fulfilling the U.S. Obligation to Prevent Exterminationism: A Comprehensive Approach to Regulating Hate Speech and Dismantling Systems of Genocide
by Sarah E. Ryan - Accusation in a Mirror
by Kenneth L. Marcus
ESSAYS
- When Bad Speech Does Good
by Mary Anne Franks - Fiction Outsells Non-Fiction
by Steven K. Baum
COMMENT
The Law Journal is pleased to make available articles from the Spring 2012 issue. All citations are to 43 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
CONTENTS
SPEECH
- The Summary Judgment Changes that Weren’t
Remarks of Lee H. Rosenthal - Keynote: Before and After the Summary Judgment Trilogy
Remarks of Suja A. Thomas
ARTICLES
- Managing Summary Judgment
by Steven S. Gensler and Lee H. Rosenthal - The 25th Anniversary of the Summary Judgment Trilogy: Much Ado About Very Little
by Linda S. Mullenix - Summary Pre-Judgment: The Supreme Court’s Profound, Pervasive, and Problematic Presumption about Human Behavior
by Michael J. Kaufman - Taking Cognitive Illiberalism Seriously: Judicial Humility, Aggregate Efficiency, and Acceptable Justice
by Jeffrey W. Stempel
ESSAYS
- The Efficiency of Summary Judgment
by Edward Brunet - Summary Judgment: What We Think We Know Versus What We Ought to Know
by Brooke D. Coleman
The Law Journal is pleased to make available articles from the Summer 2012 issue. All citations are to 43 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
CONTENTS
ARTICLES
- New Law, Old Cases, Fair Outcomes: Why the Illinois Supreme Court Must Overrule People v. Flowers
by Timothy P. O’Neill - Illinois Venue Reform: Not Tort Reform Rants
by Keith H. Beyler - The Right to Counsel Denied: Confusing the Roles of Lawyers and Guardian
by Alberto Bernabe
NOTES
The Law Journal is pleased to make available articles from the Fall 2012 issue. All citations are to 44 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
VOLUME 44 – ISSUE 1 – FALL 2012
ARTICLES
- Finding Room for Fairness in Formalism – The Sliding Scale Approach to Unconscionability
by Melissa T. Lonegrass - Re-thinking Illegal Entry and Re-entry
by Doug Keller - The Impact of the Rise and Fall of Chevron on the Executive’s Power to Make and Interpret Law
by Linda D. Jellum - Statutory Genres: Substance, Procedure, Jurisdiction
by Karen Petroski - United States v. Klein, Then and Now
by Gordon G. Young
SPEECH
- John Courtney Murray, S.J.: The Meaning of Social Justice in Catholic Thought
by Robert John Araujo, S.J.
VOLUME 44 – ISSUE 2 – WINTER 2012
SPEECH
- Is the Class Half-Empty or Half-Full?
by Kenneth R. Feinberg
ARTICLES
- Class Actions and State Authority
by Samuel Issacharoff - Legal Process in a Box, or What Class Action Waivers Teach Us about Law-making
by Rhonda Wasserman - Class Actions along the Path of Federal Rule Making
by Vaughn R. Walker - Hijacked by Statistics, Rescued by Wal-Mart v. Dukes: Probing Commonality and Due Process Concerns in Modern Class Action Litigation
by Saby Ghoshray - Advance Consent to Aggregate Settlements: Reflections on Attorneys’ Fiduciary Obligations and Professional Responsibility Duties
by Carol A. Needham
ESSAYS
- Reflections on the Future of Class Actions
by Robert H. Klonoff - Due Process and the Future of Class Actions
by Alexandra D. Lahav - Complex Litigation in New Jersey and Federal Courts: An Overview of the Current State of Affairs and a Glimpse of What Lies Ahead
by Hon. Brian R. Martinotti, J.S.C. - Who Will Regulate Class Action Lawyers?
by Nancy J. Moore
VOLUME 44 – ISSUE 3 – SPRING 2013
NORTHWESTERN SCHOOL OF LAW AND LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW
LABOR AND EMPLOYMENT LAW COLLOQUIUM ARTICLES
- Regretting Roth? Why and How the Supreme Court Could Deprive Tenured Public Teachers of Due Process Rights in Employment
Karl D. Camillucci - The Law is a Fractal: The Attempt to Anticipate Everything
Andrew Morrison Stumpff - Could the American Psychiatric Association Cause You Headaches? The Dangerous Interaction between the DSM-5 and Employment Law
Douglas A. Hass - Diverging Doctrine, Converging Outcomes: Evaluating Age Discrimination Law in the United Kingdom and the United States
Susan Bisom-Rapp and Malcolm Sargeant
NON-COLLOQUIUM ARTICLES
- Over the Borderline—A Review of Margaret Price’s Mad at School: Rhetorics of Mental Disability and Academic Life
Gregory M. Duhl - Am I My Brother’s Keeper? A Tax Law Perspective on the Challenge of Balancing Gatekeeping Obligations and Zealous Advocacy in the Legal Profession
Richard Lavoie - The Individual Mandate’s Due Process Legality: A Kantian Explanation, and Why It Matters
Peter Brandon Bayer
NON-COLLOQUIUM ESSAY
- Reflections on the NLRB’s Labor Law Jurisprudence after Wilma Liebman
David L. Gregory, Ian Hayes, and Amanda Jaret
The Law Journal is pleased to make available articles from the Illinois Symposium issue. All citations are to 44 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
VOLUME 44–ISSUE 4–ILLINOIS SYMPOSIUM
SYMPOSIUM ARTICLES
- Jewish Identity and Judging: Seymour Simon of Illinois
by Jack M. Beermann - The Mysterious Lockstep Doctrine and the Future of Judicial Federalism in Illinois
by Hon. John Christopher Anderson - The Swinging Pendulum of Equity: How History and Custom Shaped the Development of the Receivership Statute in Illinois
by Jesse G. Reyes
ARTICLE
- Catholic Moral Teaching and Natural Law: Changing the Way We Think About and Teach Professional Legal Ethics
by Peter P. Meringolo
COMMENT
- Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit’s Analysis of Pay-for-Delay Settlement Agreements
by Marlee P. Kutcher
NOTE
- Efforts to Fix a Broken System: Brown v. Plata and the Prison Overcrowding Epidemic
by Lauren Salins and Shepard Simpson
BOOK REVIEW
- Our Divine Constitution
by David Schraub
SPEECH
The Law Journal is pleased to make available articles from the Conference issue. All citations are to 44 Loy. U. Chi. L.J. ___.
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VOLUME 44–ISSUE 5
BEHAVIORAL ECONOMICS AND INVESTOR PROTECTION CONFERENCE
- Foreword: Behavioral Economics and Investor Protection
by Michael J. Kaufman - Behavioral Economics and Investor Protection: Keynote Address
by Daniel Kahneman - Behavioral Finance before Kahneman
by Richard A. Posner - Daniel Kahneman’s Influence on Legal Theory
by Russell Korobkin - A Behavioral View of Investor Protection
by Thomas S. Ulen - What Kahneman Means for Lawyers: Some Reflections on Thinking, Fast and Slow
by Charles W. Murdock and Barry Sullivan - Building On Kahneman’s Insights in the Development of Behavioral Finance
by Hersh Shefrin - Behavioral Science and Scienter in Class Action Securities Fraud Litigation
by Ann Morales Olazabal - Conjoining ”Recklessness” in Securities Fraud Cases to Moral Culpability
by Jed S. Rakoff - The Dangers of Missing the Forest: The Harm Caused By VeriFone Holdings in Tellabs World
by Carol V. Gilden, Michael B. Eisenkraft, and Josh Segal - Rewiring the DNA of Securities Fraud Litigation: Amgen’s Missed Opportunity
by Geoffrey Rapp - Behavioral Economics and Investor Protection: Reasonable Investors, Efficient Markets
by Barbara Black - Behavioral Economics Applied: Loss Causation
by Robert A. Prentice
Volume 45: Issue 1
ARTICLES
- A New Philosophy For Financial Stability Regulation
by Hilary J. Allen - The Virtue in Bankruptcy
by Matthew Bruckner - Antitrust Law and Economic Theory: Finding a Balance
by Edward D. Cavanagh - Origins of the Privileges and Immunities of State Citizenship under Article IV
by Stewart Jay - Taking the Presumption Against Extraterritoriality Seriously in Criminal Cases after Morrison and Kiobel
by David Keenan & Sabrina P. Shroff
SPEECH
- The Nature of the Law and the Role of CitizenshipRemarks of Robert John Araujo, S.J.
Volume 45: Issue 2
ESSAYS
- Patent Law Revisionism at the Supreme Court?
By Ted Sichelman - The Written Description Gap
By Timothy R. Holbrook - Patent Law’s Disclosure Requirement
By Jason Rantanen - Patent Law Is, At Best, Not Worth Keeping
By Richard Stallman
ARTICLES
- The Patent Litigation Explosion
By James Bessen and Michael J. Meurer - Patent Variation: Discerning Diversity Among Patent Functions
By Jessica Silbey - Composition of Innovative Activity in ICT Equipment R&D
By Yasin Ozcan and Shane Greenstein
Volume 45: Issue 3
Loyola University Chicago School of Law Third Annual Institute for Investor Protection Conference: Strategies for Investigating and Pleading Securities Fraud Claims
CONFERENCE ESSAYS & REMARKS
- When Good Leaders Lose Their Way
By Mark Whitacre, Ph.D. - Are SOX and Dodd-Frank Securities Laws? The Answer is Up in the Air
By Geoffrey Christopher Rapp - Around the World of Securities Fraud in Eighty Motions to Dismiss
By Wendy Gerwick Couture - Confidential Informants and Securities Class Actions: Mixed Messages and Motives
By Judge Jed S. Rakoff
CONFERENCE ARTICLES
- Recanting Confidential Witnesses in Securities Litigation
By Gideon Mark - Pleading Securities Fraud Claims—Only Part of the Story
By Marc I. Steinberg - The Private Securities Litigation Reform Act and Particularity: Why Are Some Courts in an Alternate Universe?
By Charles W. Murdock - Pleading Securities Fraud Claims: The Good, The Bad, and The Ugly
By Sharon Nelles and Hilary Huber - The Virtues of Private Securities Litigation: An Historic and Macroeconomic Perspective
By Steven A. Ramirez - The Importance of the Prefiling Phase for Securities-Fraud Litigation
By John M. Wunderlich
NON-CONFERENCE CONTRIBUTIONS
- Oil and Water: Mixing Taxable and Tax-Exempt Shareholders in Mutual Funds
By Jeffrey M. Colon - Inclusionary Eminent Domain
By Gerald S. Dickinson
Volume 45: Issue 4
IN MEMORIAM: PROFESSOR GEORGE ANASTAPLO
ARTICLES
- (Ad)ministering Justice: A Prosecutor’s Ethical Duty to Support Sentencing Reform
By: R. Michael Cassidy - The Intertwined Fates of Affirmative Action and the Military
By: Robert Knowles - Truth Stories: Credibility Determinations at the Illinois Torture Inquiry and Relief Commission
By: Kim D. Chanbonpin - Terry Stops, Anonymous Tips, and Driving Under the Influence: A Study of Illinois Law
By: The Honorable Charles Burns and Michael Conte
COMMENTS
Volume 46: Issue 1
Articles
- Nuremberg Lives On: How Justice Jackson’s International Experience Continues to Shape Domestic Criminal Procedure
Brian R. Gallini - Trademark Hybridity and Brand Protection
Timothy Greene - Undead Statutes: The Rise, Fall, and Continuing Use of Adultery and Fornication Criminal Laws
Dr. JoAnne Sweeny - Improving HIPAA Enforcement and Protecting Patient Privacy in a Digital Healthcare Environment
Roger Hsieh
Note
Speech
- The Law as a Moral Enterprise
Robert John Araujo, S.J.
Volume 46: Issue 2
Remarks
- How to Talk About Sentencing Policy—and Not Disparity
Judge Nancy Gertner
Essays & Articles
- Threats and Bullying by Prosecutors
Bennett L. Gershman - The Economic Perspective on Sentencing
Joshua B. Fischman - The Law and Economics of Stop-and-Frisk
David Abrams - Skepticism About Deterrence
Thomas S. Ulen - Sentencing Enhancement and the Crime Victim’s Brain
Francis X. Shen
Volume 46: Issue 3
Conference Remarks
- Securities Litigation As A Window Into Supreme Court Litigation
Thomas Goldstein - Random Thoughts of a Federal District Judge
Judge Shira A. Scheindlin - Navigating Alternatives to Securities Fraud Class Actions: State Law and Opt-out Litigation
Jefferey Paul Mahoney
Conference Articles
- Tabak.pdf
David Tabak - The Road Map for Class Certification Post- Halliburton II
Marc I. Gross - The Importance of Conducting Thorough Investigations of Confidential Witnesses in Securities Fraud Litigation
Leigh Handelman Smollar - Class-Action Tolling, Federal Common Law, and Securities Statutes of Repose: A Recommendation
Wendy Gerwick Couture - The Significance and Impact of Price Distortion in the Fraud-on-the-Market Theory after Halliburton II
Charles W. Murdock
Non-Conference Articles
- Is There a Vatican School for Competition Policy?
Tihamér Tóth - Rationing Environmental Law in a Time of Climate Change
Rachael E. Salcido - Going Retro: Abolition For All
Kevin Barry
Volume 46: Issue 4
Illinois & Seventh Circuit Articles
- Planning Past Pensions
Julie Roin - United States ex rel. Leveksi v. ITT Educational Services, Inc.: The Seventh Circuit Reinvigorates the False Claims Act to Combat Recruiting Abuses by For-Profit Schools
Mark I. Labaton
Illinois Comments
- Mixing Oil & Water: Why Child-Custody Evaluations are not Meshing with the Best Interests of the Child
Bari L. Nathan - Just Because It’s Legal Doesn’t Mean You Can Do It: The Legality of Employee Eavesdropping and Illinois Workplace Recording Policies
Michael J. Gibson
General Article
- Gearing Up for the Next Industrial Revolution: 3D Printing, Home-Based Factories, and Modes of Social Control
Elizabeth J. Kennedy and Andrea Giampetro-Meyer
General Note
Recent Developments
- Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka: Court Upholds, but Suggests Change In, Bed Tax Law
Anton Dirnberger II and John Harig - Department of Homeland Security v. MacLean: What Law is and Who Makes It
Kristine A. Bergman and Joseph Weishampel - Holt v. Hobbs: RLUIPA Requires Religious Exception to Prison’s Beard Ban
Johnathan J. Sheffield, Alex S. Moe, and Spencer K. Lickteig
Issue 1
Articles
- The Statement and Account Clause as a National Security Freedom of Information Act
Lawrence Rosenthal - Evidence of a Third Party’s Guilt of the Crime that the Accused is Charged with: The Constitutionalization of the SODDI (Some Other Dude Did It) Defense 2.0
Edward J. Imwinkelried - Condoning the Crime: The Elusive Mens Rea for Complicity
Alexander F. Sarch - Linking Patent Reform and Civil Litigation Reform
Greg Reilly - Defamation and the Government Employee: Redefining Who Constitutes a Public Official
Jeffrey Omar Usman - Privileged Access to Financial Innovation
Cary Martin Shelby
Note
Issue 2
Essays & Articles
- The Transparent Citizen
Joel R. Reidenberg - Sharing Shortcomings
Derek E. Bambauer - All Life Is an Experiment. (Sometimes It Is a Controlled Experiment)
Jane R. Bambauer - Reforming the Law of Reputation
Frank Pasquale - Exploration and Exploitation: An Essay on (Machine) Learning, Algorithms, and Information Provision
Deven R. Desai - The Case That Won’t Be Forgotten
Julia Powles
General Article
- Congressional Dysfunction, Public Opinion, and the Battle over the Keystone XL Pipeline
Evan C. Zoldan
Recent Development
Issue 3
In Memoriam: Professor Michael Zimmer
- A Commemoration
Charles A. Sullivan
Ann C. McGinley
Juan F. Perea
Susan Bisom-Rapp
Rebecca Hanner White
Paul M. Secunda
Kathleen M. Boozang
Donald J. Weidner
Barry Sullivan
Articles
- Boxed In: Reclassification of Arab Americans on the U.S. Census as Progress or Peril?
Khaled A. Beydoun - The Doctrinal Toll of “Information as Speech”
Kyle Langvardt - Confrontation’s Convolutions
Christine Chambers Goodman - When Lightning Strikes: Hadley v. Baxendale’s Probability Standard Applied to Long-Shot Contracts
Daniel P. O’Gorman - A New Governance Recipe for Food Safety Regulation
Alexia Brunet Marks - The Enduring Ambiguities of Antitrust Liability for Worker Collective Action
Sanjukta M. Paul
Issue 4
Nino and Me: A Tribute to Justice Antonin Scalia
Jean M. Gaspardo
Illinois Articles
- The Legislative Veto in Illinois: Why JCAR Review of Agency Rulemaking Is Unconstitutional
Marc D. Falkoff - Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer
David B. Kopel - Waters Dark and Deep: The Continuing Validity of the “Testing the Waters” Doctrine in Illinois
Alex S. Moe
General Articles
- Modeling the Likely Effects of Litigation Financing
Jeremy Kidd - Contracting Trademark Fame?
Leah Chan Grinvald - Metatheory
Garrick B. Pursley
General Comment
Recent Developments
ISSUE 1
Articles
- Truth and Legitimacy (In Courts)
Kenneth S. Klein - Risky IP
Andres Sawicki - Technological Progress and Well-Being
Ofer Tur-Sinai - Changing Standards of Review
Jeffrey C. Dobbins - Chill
Jennifer M. Kinsley
Comment
- Oyez, Oyez, Oyez, the King’s Court Is Now in Session
Kelly Kearney
ISSUE 2
Essays & Articles
- Just Listening: The Equal Hearing Principle and the Moral Life of Judges
Barry Sullivan - Is Our Legal Order Just Another Bureaucracy?
Robert P. Burns - Loyalty and Deference at Oral Arguments: An Empirical Examination of How Supreme Court Justices Treat Solicitors General
Amanda C. Bryan, Charles Gregory, and Timothy R. Johnson - The Future of Oral Argument
Jay Tidmarsh - The Judiciary’s Inputs in Constitutional Rights Adjudication
Mark D. Rosen - Rethinking the PHOSITA in Patent Litigation
Greg Reilly - Judge Shopping in the Eastern District of Texas
Jonas Anderson - Forum Selling and Domain-Name Disputes
Daniel Klerman
General Article
- Health Theater
Govind Persad
ISSUE 3
Keynote Address
- How to Succeed in the American Health Care System
Dr. Ezekiel Emanuel
Essays & Articles
- How Much of Health Care Antitrust Is Really Antitrust
Spencer Weber Waller - Health Care Antitrust: Are Courts Adapting to a Complex and Dynamic Industry or Are They Making Exceptions?
Paul Wong & Lawrence Wu - A View from the Trenches: A Reply to Professor Waller’s How Much of Health Care Antitrust Is Really Antitrust?
Roxane C. Busey - Health Care Is Not a Typical Consumer Good and We Should Not Rely on Incentivized Consumers to Allocate It
Lawrence Singer - Antitrust as Disruptive Innovation in Health Care: Can Limiting State Action Immunity Help Save a Trillion Dollars?
William M. Sage & David A. Hyman - Health Care Competition Law in the Shadow of State Action: Minimizing MACs
David A. Hyman & William E. Kovacic - Pharmaceutical M&A Activity: Effects on Prices, Innovation, and Competition
Barak Richman, Will Mitchell, Elena Vidal, & Kevin Schulman - It Is All About the Facts: Commentary on the Current State of Antitrust Enforcement in Health Care
Leigh Oliver
Recent Development
ISSUE 4
ILLINOIS ARTICLES
- Interpreting the Illinois Constitution: Understanding the Rights Afforded by a Modern Charter
Brett Legner - Article XIV, Section 3 of the Illinois Constitution: A Limited Initiative to Amend the Article on the Legislature
Ann M. Lousin - How to Repeal Illinois’ Tax Preference for Retirement Income Without Taxing Retirees
Brian L. Stocker - Against Accetturo and Beyond Bukowski: Litigating Notices in Illinois Foreclosures
Alex S. Moe - Barriers to Justice, Limits to Deterrence: Tort Law Theory and State Approaches to Shielding School Districts and Their Employees from Liability for Negligent Supervision
Phillip Buckley - Now or Never: The Urgent Need for Action Against Unfair Coverage Denials for Quality Health Care
Stacey L. Worthy, Daniel C. McClughen, & Shruti Kulkarni
GENERAL ARTICLE
- It Is Just Unfair Using Trade Laws to “Out” Security Software Vulnerabilities
Marian K. Riedy & Bartlomiej Hanus
GENERAL COMMENTS
- Modernizing Chicago: Eliminating the Clybourn Corridor’s Restrictive Planned Manufacturing District Zoning Regulations
Kevin Major - Laying the Foundation for Social Media Prosecutions Under 18 U.S.C. § 2339B
Ronbert H. Schwartz
RECENT DEVELOPMENTS
- Problem-Solving Courts in Illinois: Courtroom Innovation Favoring Adjustment Instead of Adjudication
Arielle Berens - To Compete or Not to Compete: Illinois’ Movement to Eliminate Noncompete Agreements
Jenna L. Brownlee & Caitlin A. Kelly
ISSUE 1
Articles
- Expungement, Defamation, and False Light: Is What Happened Before What Really Happened or is There a Chance for a Second Act in America?
Doris Del Tosto Brogan - Money Norms
Julia Y. Lee - Implied Private Rights of Action: Definition, and Factors to Determine Whether a Private Action Will Be Implied from a Federal Statute
Caroline Bermeo Newcombe
Notes
ISSUE 2
Introduction to Volume 49, Issue 2
Articles
- International Investment Law’s Unending Legitimation Project
David Schneiderman - Politics, Reason, and the Trajectory of Investor-State Dispute Settlement
Charles H. Brower II - Crossfertilizing ISDS with TRIPS
Peter K. Yu - The CETA Ratification Saga: The Demise of ISDS in EU Trade Agreements?
David A. Gantz - The Return of State Remedies in Investor-State Dispute Settlement: Trends in Developing Countries
Sonia E. Rolland - China’s and India’s Differing Investment Treaty and Dispute Settlement Experiences and Implications for Africa
Won Kidane - The Incredible Shrinking Victory: Eli Lilly v. Canada, Success, Judicial Reversal, and Continuing Threats from Pharmaceutical ISDS
Professor Brook K. Baker and Katrina Geddes - At the Intersection of Land Grievances and Legal Liability: The Need to Reconsider Contract Rights and Expectations at the Supranational Level
Kaitlin Y. Cordes, Lise Johnson, and Sam Szoke-Burke
ISSUE 3
Introduction to Volume 49, Issue 3
Articles
- Going Beyond Ethics and Compliance: The Growing Corporate Movement to Embrace Social Value Creation
Seth Green - Diversity and Ethics: Toward an Objective Business Compliance Function
Steven A. Ramirez - Corporate Compliance That Advances Racial Diversity and Justice and Why Business Deregulation Does Not Matter
Cheryl L. Wade - Corporate Ethics: Approaches and Implications to Expanding the Corporate Mindset of Profitability
Arthur Acevedo - The Dodd-Frank Death Knell
Celia R. Taylor - Addressing the Lack of Diversity on Corporate Boards: Building Responsive Law School Pedagogy and Curriculum
Melinda S. Molina
Remarks
ISSUE 4
Introduction to Volume 49, Issue 4
Articles
- In Appreciation of Nina S. Appel
Justice Ruth Bader Ginsburg - Nina Appel: Pathbreaking Pioneer and Boundless Educator
Dean Michael J. Kaufman - Reflections on Dean Nina Appel
Vincent Rougeau - Gift
James J. Faught - Paying Homage to a Colleague, Friend, and Mentor: Dean Nina Appel
Diane Geraghty - A Tribute to Dean Nina Appel on Her Retirement
Thomas M. Haney
Remarks
- The United States as an Idea: Constitutional Reflections
H. Jefferson Powell
Comments
Celebrating 50 Years: Reflections from Previous Editors in Chief
Symposium Articles
- An Unfinished Project: John Courtney Murray, Religious Freedom, and Unresolved Tensions in Contemporary American Society
Miguel H. Díaz - Religious Freedom and Public Argument: John Courtney Murray on “The American Proposition”
Robin W. Lovin - Prophesy, Public Theology, and Questions of Justice: Some Modest Reflections
Barry Sullivan - Religious Freedom, Human Rights, and Peaceful Coexistence
Leslie C. Griffin - The Right to Religious Freedom—A Theological Comment
Hille Haker - Religious Freedom and the Common Good
Kathleen A. Brady - From Common Good to Convivencia: Religious Liberty and the Cake Wars
Carmen Nanko-Fernández - Religious Freedom and Nondiscrimination
Thomas C. Berg
Articles
- Constitutionally Different: A Child’s Right to Substantive Due Process
Tiffani N. Darden - The False Allure of Settlement Pressure
Nicholas Almendares
Introduction to Volume 50, Issue 2
Celebrating 50 Years: Reflections from Previous Editors in Chief
Symposium Articles
- LAW REVIEWS, CITATION COUNTS, and TWITTER (Oh my!): Behind the Curtains of the Law Professor’s Search for Meaning
Lawprofblawg and Darren Bush - Unpopular Opinions on Legal Scholarship
Caprice L. Roberts - The Law Review Follies
Eric J. Segall - Picking Spinach
Anthony Michael Kreis - The Goldilocks Path of Legal Scholarship in a Digital Networked World
Orly Lobel
Notes
Introduction to Volume 50, Issue 3
Celebrating 50 Years: Reflections from Previous Editors in Chief, Issue 3
Lehman 10 Years Later: Lessons Learned?
Steven A. Ramirez
Remarks
- What We Did Last (Summer) Crisis
Barney Frank - Perspectives on Dodd-Frank Act, Risk Management, and the Financial Crisis of 2008 from a Former Chief Risk Officer
Jeff Cohodes
Symposium Articles
- The Federalization of Corporate Governance—An Evolving Process
Marc I. Steinberg - Lehman 10 Years Later: The Dodd-Frank Rollback
Thomas W. Joo - Accountability Lost and the Problem(s) of Asymmetry
Gregory M. Gilchrist - Whistling Past the Graveyard: Dodd-Frank Whistleblower Programs Dodge Bullets Fighting Financial Crime
Mary Kreiner Ramirez - Prosecuting Securities Fraud Under Section 17(a)(2)
Wendy Gerwick Couture - Regulating Through Financial Engineering: The Office of Financial Research and Pull of Models
James Hackney - From Fire Hose to Garden Hose: Section 13(3) of the Federal Reserve Act
Christian A. Johnson
Articles
- The Stakes of Smart Contracts
Mark Verstraete
Introduction to Volume 50, Issue 4
Celebrating 50 Years: Reflections from Previous Editors in Chief, Issue 4
Symposium Articles
- Regulating Prosecutors’ Courtroom Misconduct
Bruce A. Green - A Small Slice of the Chicago Eight Trial
Ellen S. Podgor - Judging Judges Fifty Years After—Was Judge Julius Hoffman’s Conduct So Different?
Bennett L. Gershman - Judging During Crises: Can Judges Protect the Facts?
Lissa Griffin - Judicial Ethics: Lessons from the Chicago Eight Trial
Laurie L. Levenson - Judges’ Misuse of Contempt in Criminal Cases and Limits of Advocacy
Peter A. Joy - Movements in the Discretionary Authority of Federal District Court Judges Over the Last 50 Years
Susan R. Klein - The Role of Judging 50 Years After the “Chicago Seven” Trial: A Remembrance of Charles R. Garry
Tucker Carrington - Judge Damon Keith: The Judicial Antidote to Judge Julius Hoffman Challenging Claims of Unilateral Executive Authority
Ellen Yaroshefsky - Reviving Escobedo
Janet Moore
Student Comment
The Law Journal is pleased to make available articles from the Race in Education Policy Symposium issue. All citations are to 51 Loy. U. Chi. L.J. ___.
All of the documents below are in the Adobe PDF file format. You must have Adobe Acrobat Reader installed on your computer in order to view the documents. If you do not have a copy of Adobe Reader, please visit the Adobe Acrobat Reader website to download a free copy.
Volume 51 – Issue 1 Table of Contents
Articles
- The Old New (Or is it the New Old) Antitrust: “I’m Not Dead Yet!!”
Diane P. Wood - Judicial Democracy
Robert C. Hughes - The Value of Deviance: Understanding Contextual Privacy
Timothy Casey - Lessons from the LEAD-K Campaign for Language Equality for Deaf and Hard of Hearing Children
Christina Payne-Tsoupros - Predictive Analytics
Daryl Lim - Bivens and Constitutional Integrity at the Border: Hernandez v. Mesa & Rodriguez v. Swartz
Gabriella A. Orozco
Volume 51 – Issue 2, Table of Contents
Essays and Articles:
- Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
Edward B. Foley - Pragmatic Formalism, Separation of Powers, and the Need to Revisit the Nondelegation Doctrine
Martin H. Redish - Civic Ignorance and Democratic Accountability
Sheila Kennedy - Up Against the Wall: Congressional Retention of the Spending Power in Times of “Emergency”
Linda Sheryl Greene
- War is More Than a Political Question: Reestablishing Original Constitutional Norms
John C. Dehn - Immigration Unilateralism and American Ethnonationalism
Robert L. Tsai - Democratic Conditions
Barry Sullivan
Note:
- South Dakota v. Wayfair: Erasing a Dull Bright-Line
Aidan V. Nuttall
Volume 51 – Issue 4, Table of Contents
Articles:
- Illinois Childcare Parentage Law (R)Evolution
Jeffrey A. Parness - A Review of Retroactivity: Illinois Should Adopt a Modern Child Victims Act
Judith E. Conway, J. Devitt Cooney, Michael C. Cooney, and Megan Fahey Monty - Guarding the Guardians: Should Guardians ad Litem Be Immune from Liability for Negligence?
Alberto Bernabe - All for a Fortnight: Calculating Redemption in Default Residential Foreclosures
Alex S. Moe - Bringing Clarity to Inherited IRAs
Robert E. Eggmann and Dormie Ko - On the Road Again: Revisiting State Laws That Unreasonably Restrict Drivers with Epilepsy and Burden the Physicians Who Treat Them
Katrina E. Lutfy
Volume 52 – Issue 1 Table of Contents
Articles:
- The Enduring Promise of Antitrust
Philip J. Weiser - Securities Regulation and Social Media
Seth C. Oranburg - Judicial Authority Under the First Step Act: What Congress Conferred Through Section 404
Sarah E. Ryan - Special Education by Zip Code: Creating Equitable Child Find Policies
Crystal Grant - An Inconsistent Chevron Standard: Refining Chevron Deference in Immigration Law
Juan P. Caballero - Hate Wins
Courtney Lauren Anderson - Garza v. Idaho: Prioritizing Client Autonomy in Criminal Appeals Regardless of an Appeal Waiver
Jackie McDonnell
Volume 52–Issue 2 Table of Contents
Introduction to Volume 52 Issue 2
Articles
- Unsophisticated Taxpayers, Rules Versus Standards, and Form Versus Substance
Emily Cauble - The Spurious Allure of Pass-Through Parity
Karen C. Burke - Pandemics, Paid Sick Leaves, and Tax Institutions
Alex Zhang - Do Tax Judges Think About the Economy?
Orli Oren-Kolbinger - International Vertical Equity
- Difficulty of Care: Aligning Tax and Health Care Policy for Family Caregiving
Christine S. Speidel - Restitution for Child Pornography: Reframing a System for Victims Harmed by Too Many
MacKenzie Durkin
Volume 52–Issue 3 Table of Contents
Introduction to Volume 52 Issue 3
Articles
- Retroactivity and Appointments
Andrew C. Michaels - Procedural Categories
Ramon Feldbrin - Privacy in Pandemic: Law, Technology, and Public Health in the COVID-19 Crisis
Tiffany C. Li - An Empirical Assessment of Homicide and Suicide Outcomes with Red Flag Laws
Rachel Dalafave
Volume 52–Issue 4 Table of Contents
Introduction to Volume 52 Issue 4
Articles
- Disrupting Frivolous Defenses
Thomas D. Russell - Race in America 2021: A Time to Embrace Beauharnais v. Illinois?
Steven A. Ramirez - Beyond a Reasonable Doubt: Juries Don’t Get It
Hon. James A. Shapiro and Karl T. Muth - The School FOIA Project: Uncovering Racial Disparities in School Discipline and How to Respond
James Naughton - Trust Betrayed: The Reluctance to Recognize Judicially Enforceable Trust Obligations Under the Indian Health Care Improvement Act (IHCIA)
Lauren E. Schneider - Buried Alive: Gay v. Baldwin and Unconstitutional Solitary Confinement for Prisoners with Mental Illness
Hannah May