Articles, papers, presentations, and other materials authored by faculty from the School of Law at Loyola University Chicago.

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Publications from 2005

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Privatized Justice, Margaret L. Moses

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Fairness and Good Faith as a Precept in the Law of Corporations and Other Business Organizations, Charles W. Murdock

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Liberty: A Human Right, or a Citizen Right, Jerry E. Norton

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The Sui Generis Infallible Sniffing Dog and Other Legal Fictions: Illinois vs. Caballes, Jerry E. Norton

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Rethinking the Corporation (and Race) in America: Can Law (and Professionalization) Fix “Minor” Problems of Externalization, Internalization, and Governance?, Steven A. Ramirez

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Affirmative Action and Admissions at a Jesuit Law School, Alan Raphael

Criminal Procedure: From Bail to Jail, 2005, Alan Raphael

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Retrospective on Justice and the Poor in the United States in the Twentieth Century, Henry Rose

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Messages from Strasbourg: Lessons for American Courts from the Highest Volume Human Rights Court in the World - The European Court of Human Rights, Allen E. Shoenberger

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Muzzling and Caging Administrative Law Judges: The Social Security Administration Attempts to Control its Most “Notorious” Employees, Allen E. Shoenberger

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The European View of American Justice, Allen E. Shoenberger

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Gloria Jean Ate Catfood Tonight: Justice and the Social Compact for Health Care in America, Lawrence E. Singer

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In Search of Economic Justice: Considering Competition and Consumer Protection Law, Spencer Weber Waller

Thurman Arnold: A Biography, Spencer Weber Waller

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Reforming the Federal Sentencing Guidelines’ Misguided Approach to Real-Offense Sentencing, David N. Yellen

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Saving Federal Sentencing Reform After Apprendi, Blakely and Booker, David N. Yellen

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The New Discrimination Law: Price Waterhouse is Dead, Whither McDonnell Douglas?, Michael J. Zimmer

Publications from 2004

On Trial: From Adam & Eve to O.J. Simpson, George Anastaplo

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Feng Shui and the Restructuring of the Hospital Corporation: A Call for Change in the Face of the Medical Error Epidemic, John D. Blum

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Too Strange To Be Just Fiction: Legal Lessons from a Bioterrorist Simulation, the Case of Topoff 2, John D. Blum

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Talking Pop-ups Seriously: The Jurisprudence of the Infield Fly Rule, Neil B. Cohen and Spencer Weber Waller

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Foreign and Other Economic Rights Upon Conquest and Under Occupation: Iraq in Comparative and Historical Context, James T. Gathii

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Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization of the Foreign Affairs Trade Doctrine, James T. Gathii

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Process and Substance in WTO Reform, James T. Gathii

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The 2004 International Law Review Symposium on the Free Trade Area of the Americas: Implications of a Hemispheric Marketplace, Thomas M. Haney

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Interdisciplinary Teaching and Collaboration in Higher Education: A Concept Whose Time Has Come, Carol Harding and Anita Weinberg

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Promoting Women's Access to Politics and Decision Making: the role of TGNP and other advocacy groups in the 2000 General elections., Miranda Johnson and Aggripina Mosha

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Can Parties Tell Court What to Do? Expanded Judicial Review of Arbitral Awards, Margaret L. Moses

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Squeeze-outs, Freeze-outs and Discounts: Why Is Illinois in the Minority in Protecting Shareholder Interests?, Charles W. Murdock

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Why Not Tell the Truth?, Charles W. Murdock

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Bearing the Costs of Racial Inequality: Brown and the Myth of the Equality/Efficiency Trade-Off, Steven A. Ramirez

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Games CEOs Play and Interest Convergence Theory: Why Diversity Lags in America’s Boardrooms and What to Do About It, Steven A. Ramirez

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What We Teach When We Teach About Race: The Problem of Law and Pseudo-Economics, Steven A. Ramirez

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A tribute to Larry Kalevitch, Man for All Seasons, Differences in Professional School Cohorts in Law, Medicine, Business, Nursing and Education, Allen E. Shoenberger

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Furthering American Freedom: Civil Rights & the Thirteenth Amendment, Alexander Tsesis

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Regulating Intimidating Speech, Alexander Tsesis

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The Antitrust Legacy of Thurman Arnold, Spencer Weber Waller

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The Antitrust Legacy of Thurman Arnold, Spencer Weber Waller

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The Future of Private Rights of Action in Antitrust: A Conference Introduction, Spencer Weber Waller

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Brown v. Board of Education Fifty Years Later: What Makes for Greatness in a Legal Opinion?, Neil G. Williams

Publications from 2003

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Constitutionalism and the Good: Explorations, George Anastaplo

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Law, Judges and the Principles of Regimes: Explorations, George Anastaplo

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Loyal Opposition in a Modern Democracy, George Anastaplo

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The Class Action Rule, John Bronsteen and Owen Fiss

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Balancing Patent Rights and Affordability of Prescription Drugs in Addressing Bio-Terrorism: An Analysis of In Re Ciprofloxacin Hydrochloride Antitrust Litigation, James T. Gathii

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The Structural Power of Strong Pharmaceutical Patent Protection in U.S. Foreign Policy, James T. Gathii

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Torture, Extraterritoriality, Terrorism, and International Law, James T. Gathii

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Globalization and Comparative Family Law: A Discussion of Pluralism, Universality, and Markets, James T. Gathii and Patricia Youngblood Reyhan

Training the Law to Represent the Whole Child: In Re Pena, Diane C. Geraghty, Thomas F. Geraghty, and A. Vigil

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Out With the Open-Transaction Doctrine: A New Theory for Taxing Contingent Payment Sales, Jeffrey L. Kwall

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The Irony of International Letters of Credit: They Aren’t Secure, But They (Usually) Work, Margaret L. Moses

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Symposium: Ethics 2000 and beyond: Reform or Professional Responsibility as Usual: Dedication, Ronald D. Rotunda, John E. Nowak

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A Flaw in the Sarbanes-Oxley Reform: Can Diversity in the Boardroom Quell Corporate Corruption?, Steven A. Ramirez

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Flaw in the Sarbanes-Oxley Reform: Can Diversity in the Boardroom Quell Corporate Corruption?, Steven A. Ramirez

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The Law and Microeconomics of the New Deal at 70, Steven A. Ramirez

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Big Picture, Fine Print: The Intersection of Art and Tax, Anne-Marie E. Rhodes

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ALJ Control of the hearing: What does an ALJ do about an unruly witness or obstreperous attorney?, Allen E. Shoenberger

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Contextualizing Bias Crimes: A Social & Theoretical Perspective, Alexander Tsesis

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Public Choice Theory and the International Harmonization of Competition Policy, Spencer Weber Waller

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The Incoherence of Punishment in Antitrust, Spencer Weber Waller

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The Short Unhappy Judgeship of Thurman Arnold, Spencer Weber Waller

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The Uses of Business Theory in Antitrust Litigation, Spencer Weber Waller

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Systemic Empathy, Michael J. Zimmer

Publications from 2002

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Bush v. Gore and a Proper Separation of Powers, George Anastaplo

But Not Philosophy: Seven Introducations to Non-Western Thought, George Anastaplo

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Leveraging Quality in Managed Care: Moving Advocates Back into the Box, John D. Blum

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The Role of Law in Global E. Health: A Tool for Development and Equity in a Digitally Divided World, John D. Blum

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Consumer and Pharmaceutical Dimensions of Addressing Bio-Terrorism: An Analysis of In re Ciprofloxacin Hydrochloride Antitrust Litigation, James T. Gathii

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Rights, Patents, Markets and the Global AIDS Pandemic, James T. Gathii

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The Legal Status of the Doha Declaration on TRIPS and Public Health Under the Vienna Convention of the Law of Treaties, James T. Gathii

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Attacking the Copyright Evildoers in Cyberspace, Cynthia M. Ho

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Who Deserves the Patent Pot of Gold?: An Inquiry into the Proper Inventorship of Patient Based Discoveries, Cynthia M. Ho

Federal Sentencing and Practice, T. Hutchinson and David N. Yellen

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Fear and Social Capitalism: The Law and Macroeconomics of Investor Confidence, Steven A. Ramirez

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The Professional Obligations of Securities Brokers Under Federal Law: An Antidote for Bubbles?, Steven A. Ramirez

Criminal Procedure: From Bail to Jail, 2002, Alan Raphael

Employment Discrimination: Law & Practice (Aspen Law & Business, 3ed., C. A. Sullivan, R. Hanner White, and Michael J. Zimmer

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The Problem of Confederate Symbols: A Thirteenth Amendment Approach, Alexander Tsesis

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Competition, Consumer Protection, and Energy Deregulation, Spencer Weber Waller

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Suing OPEC, Spencer Weber Waller

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The United States as Antitrust Court Room to the World, Spencer Weber Waller

Publications from 2001

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Law & Literature and the Austen-Dostoyevsky Axis: Explorations, George Anastaplo

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Longevity and the Future: Challenges of Health Policy, John D. Blum

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Overcoming Managed Care Regulatory Chaos Through A Restructured Federalism, John D. Blum

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Baccalaureate Mass Reflection: The Catholic Lawyer and the Meaning of “Success,”, John M. Breen

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Construing Intellectual Property Rights and Competition Policy Consistently with Facilitating Access to Affordable AIDS Drugs to Low-End Consumers, James T. Gathii

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Re-Characterizing the Social in the Constitutionalization of the WTO: A Preliminary Analysis, James T. Gathii

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The Jury-Trial Right in the UCC: On a Slippery Slope, Margaret L. Moses

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Limited Liability Companies in the Decade of the 1990's. Legislative and Case Law Developments and Their Implications for the Future, Charles W. Murdock

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Back to the Future Due Process Analysis, John E. Nowak

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A General Theory of Cultural Diversity, Steven A. Ramirez

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October Term: 1999: The Supreme Court's Last Term of the Twentieth Century, Increasing Deference to Administrative Agencies, Allen E. Shoenberger

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Hate in Cyberspace: Regulating Hate Speech On the Internet, Alexander Tsesis

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Antitrust as Consumer Choice: Comments on the New Paradigm, Spencer Weber Waller

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The Language of Law and the Language of Business, Spencer Weber Waller

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Troxel v. Granville: Implications for At Risk Children and the Amicus Curiae Role of University-Based Interdisciplinary Centers for Children, Barbara Bennett Woodhouse and Sacha M. Coupet

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Leading by Example: An Holistic Approach to Individual Disparate Treatment Law, Michael J. Zimmer

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Slicing & Dicing Individual Disparate Treatment Law, Michael J. Zimmer

Publications from 2000

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Abraham Lincoln and the American Regime: Explorations, George Anastaplo

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John Quincy Adams Revisited, George Anastaplo