Articles, papers, presentations, and other materials authored by faculty from the School of Law at Loyola University Chicago.
Publications from 2007
Models for Change: A Postmodern Initiative to Promote a Fair, Rational, and Effective Juvenile Justice System., Diane C. Geraghty
ACCOUNTING AND DISCLOSURE FOR DERIVATIVE INSTRUMENTS, M. Grossman and Cynthia M. Ho
A New World Order for Addressing Patent Rights and Public Health., Cynthia M. Ho
Lessons from Laboratories Corp. of America Holdings v. Metabolite Laboratories, Inc., Cynthia M. Ho
Constitutional De-Segregation Strategies: Teaching Racial Literacy to Secondary School Students and Preferencing Racially-Literate Applicants to Higher Education, Michael J. Kaufman
PICS in Focus: A Majority of the Supreme Court Reaffirms the Constitutionality of Race-Conscious School Integration Strategies., Michael J. Kaufman
Reading, Writing, and Race: The Constitutionality of Educational Strategies Designed to Teach Racial Literacy., Michael J. Kaufman
(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy to Secondary School Students and Preferencing Racially-Literate Applicants to Higher Education, Michael J. Kaufman
Treatise on Constitutional Law: Substance and Procedure, John E. Nowak and Ronald Rotunda
American Corporate Governance and Globalization., Steven A. Ramirez
Taking Voting Rights Seriously: Race and the Integrity of Democracy in America., Steven A. Ramirez
The Economics of Discrimination, in The Encyclopedia of Law and Society, Steven A. Ramirez
The End of Corporate Governance Law: Optimizing Regulatory Structures for a Race to the Top., Steven A. Ramirez
The Special Interest Race to CEO Primacy and the End of Corporate Governance Law., Steven A. Ramirez
Consequences of Heirs’ Misconduct: Moving from Rules to Discretion., Anne-Marie E. Rhodes
Class Actions and the Poor., Henry Rose
The Not so Great Writ: The European Court of Human Rights Finds Habeas Corpus and Inadequate Remedy: Should American Courts Reexamine the Writ., Allen E. Shoenberger
Privacy Wars: EU Versus US: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger
Law of Medical Practice in Illinois, 3rd ed., Lawrence E. Singer
Freedom to Integrate: A Desegregationist Perspective on the Thirteen Amendment., Alexander Tsesis
Undermining Inalienable Rights: From Dred Scott to the Rehnquist Court., Alexander Tsesis
The Story of Alcoa: The Enduring Questions of Market Power, Conduct, and Remedy in Monopolization Cases, in Antitrust Stories, Spencer Weber Waller
Publications from 2006
REFLECTIONS ON CONSTITUTIONAL LAW, George Anastaplo
September Eleventh, A Citizen’s Responses (Continued)., George Anastaplo
PLATO'S MENO: TRANSLATION & COMMENTARY, L. Berns and Michael J. Zimmer
Combating Those Ugly Medical Errors – It’s Time for a Hospital Regulatory Makeover, John D. Blum
Efficiencies in Health Care Regulation: Observations Near and Far., John D. Blum
Never Get Out’a the Boat: Stenberg v. Carhart and the Future of American Law., John M. Breen
The Catholic Lawyer: “Faith” in Three Parts., John M. Breen
Commerce, Conquest, and Wartime Confiscation, James T. Gathii
Exporting Culture Wars, James T. Gathii
Imperialism, Colonialism, and International Law, James T. Gathii
Minority Rights in Corporate Law: A Reply to Chander, James T. Gathii
The American Origins of Liberal and Illiberal Regimes of International Economic Governance in the Marshall Court, James T. Gathii
The Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation, James T. Gathii
Biopiracy and Beyond: A Consideration of Socio-Cultural Conflicts with Global Patent Policies, Cynthia M. Ho
Nationalizing Ethical Standards for Securities Lawyers., Michael J. Kaufman
International Trade and U.S. Antitrust Law, J. Kessler and Alexander Tsesis
What is a Merger?: The Case for Taxing Cash Mergers Like Stock Sales., Jeffrey L. Kwall
Statutory Misconstruction: How the Supreme Court Created a Federal Arbitration Law Never Enacted by Congress, Margaret L. Moses
Parent Corporation Liability for Acts of Its Subsidiary, Charles Murdock
The Supreme Court’s Decisions in Arthur Andersen and Dura Pharmaceuticals, Charles W. Murdock
Recent Appellate Court Decisions on Eyewitness Identification., Jerry E. Norton
Endogenous Growth Theory, Status Quo Efficiency, and Globalization., Steven A. Ramirez
The Chaos of Smith., Steven A. Ramirez
When Does the Securities Litigation Uniform Standards Act of 1998 Preempt State Law Claims?, Steven A. Ramirez
Confrontation Clause and Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael
On Art Theft, Tax, and Time: Triangulating Ownership Disputes Through the Tax Code, Anne M. Rhodes
Does Mission Matter?, Lawrence E. Singer
A Civil Rights Approach, Alexander Tsesis
Matsushita at 20: A Conference Introduction., Spencer Weber Waller
Microsoft and Trinko: A Tale of Two Courts., Spencer Weber Waller
Towards a Constructive Public-Private Partnership to Enforce Competition Law., Spencer Weber Waller
Publications from 2005
Justice, the Liberal Arts, and Some Basic Training for Lawyers, George Anastaplo
THE CONSTITUTIONALIST: NOTES ON THE FIRST AMENDMENT, George Anastaplo
Beyond the Bylaws: Hospital-Physician Relationships, Economics, and Conflicting Agendas, John D. Blum
Is Justice for One Justice for All? The Dilemma of Public Health Enforcement in an Interconnected World, John D. Blum
Justice and Jesuit Legal Education: A Critique, John M. Breen
Class Action Settlements: An Opt-in Proposal, John Bronsteen
Swimming Upstream Against the Great Adoption Tide: Making the Case for “Impermanence,”, Sacha M. Coupet
Assessing Claims of a New Doctrine of Pre-emptive War Under the Doctrine of Sources, James T. Gathii
Foreign Precedents in the Federal Judiciary: The Case of the World Trade Organization’s DSB Decisions, James T. Gathii
How American Support for Freedom of Commerce Legitimized King Leopold’s Territorial Ambitions in the Congo, James T. Gathii
How Necessity May Preclude State Responsibility for Compulsory Licensing Under the TRIPS Agreement, James T. Gathii
International Justice and the Trading Regime, James T. Gathii
Wartime Security and Constitutional Liberty, James T. Gathii
Do Patents Promote the Progress of Justice?: Reflections on Varied Visions of Justice, Cynthia M. Ho
Inoculation Inventions: The Interplay of Infringement and Immunity in the Development of Biodefense Vaccines, Cynthia M. Ho
At a Loss: Congress, the Supreme Court and Causation Under Federal Securities Law, Michael J. Kaufman
Beyond Presumptions and Peafowl: Reconciling the Legal Principle of Equality with the Pedagogical Benefits of Gender Differentiation, Michael J. Kaufman
Rhetorical Questions Concerning Justice and Equality in Educational Opportunities, Michael J. Kaufman
‘Don’t File!’: Rehabilitating Unauthorized Practice of Law-Based Policies in the Credit Counseling Industry, Lea Krivinskas Shepard
Justice: The Impact of a Lawyer's Personal Philosophy, Jeffrey L. Kwall
Justice and Truth in Political Discourse, John L. McCormack
Letters of Credit and the Insolvent Applicant: A Recipe for Bad Faith Dishonor, Margaret L. Moses
Privatized Justice, Margaret L. Moses
Fairness and Good Faith as a Precept in the Law of Corporations and Other Business Organizations, Charles W. Murdock
Liberty: A Human Right, or a Citizen Right, Jerry E. Norton
The Sui Generis Infallible Sniffing Dog and Other Legal Fictions: Illinois vs. Caballes, Jerry E. Norton
Rethinking the Corporation (and Race) in America: Can Law (and Professionalization) Fix “Minor” Problems of Externalization, Internalization, and Governance?, Steven A. Ramirez
Affirmative Action and Admissions at a Jesuit Law School, Alan Raphael
Criminal Procedure: From Bail to Jail, 2005, Alan Raphael
Retrospective on Justice and the Poor in the United States in the Twentieth Century, Henry Rose
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
Muzzling and Caging Administrative Law Judges: The Social Security Administration Attempts to Control its Most “Notorious” Employees, Allen E. Shoenberger
The European View of American Justice, Allen E. Shoenberger
Gloria Jean Ate Catfood Tonight: Justice and the Social Compact for Health Care in America, Lawrence E. Singer
In Search of Economic Justice: Considering Competition and Consumer Protection Law, Spencer Weber Waller
Thurman Arnold: A Biography, Spencer Weber Waller
Reforming the Federal Sentencing Guidelines’ Misguided Approach to Real-Offense Sentencing, David N. Yellen
Saving Federal Sentencing Reform After Apprendi, Blakely and Booker, David N. Yellen
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
Feng Shui and the Restructuring of the Hospital Corporation: A Call for Change in the Face of the Medical Error Epidemic, John D. Blum
Too Strange To Be Just Fiction: Legal Lessons from a Bioterrorist Simulation, the Case of Topoff 2, John D. Blum
Talking Pop-ups Seriously: The Jurisprudence of the Infield Fly Rule, Neil B. Cohen and Spencer Weber Waller
Foreign and Other Economic Rights Upon Conquest and Under Occupation: Iraq in Comparative and Historical Context, James T. Gathii
Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization of the Foreign Affairs Trade Doctrine, James T. Gathii
Process and Substance in WTO Reform, James T. Gathii