Articles, papers, presentations, and other materials authored by faculty from the School of Law at Loyola University Chicago.
Publications from 2024
A Primer to Combat Sex Trafficking, Blanche Bong Cook
The Ontological Expansiveness of “Parental Rights” Rhetoric in K–12 Public Schools, Sacha M. Coupet and Kai Scott
Can Tribes Get a Receipt?: Seeking Transparency for State Spending of Tribal Tax Dollars, Adam Crepelle
Does Expanding Tribal Jurisdiction Improve Tribal Economies: Lessons from Arizona, Adam Crepelle
Tribal Law: It's Not That Scary, Adam Crepelle
Tribes and AI: Possibilities for Tribal Sovereignty, Adam Crepelle
Passing the Buck: The Perils of Oklahoma v. Castro-Huerta, Adam Crepelle, Timothy Purdon, and Brendan Johnson
Emerging Transnational Self-Defense Norms and Unrealized Liberal Values, John C. Dehn
The Good Officer: President Trump, General Milley, and the “Necessity” of Constitutional Fidelity, John C. Dehn
Financing Climate Change through a Racial Capitalism Lens, James T. Gathii
Racial Capitalism, Climate Change, and Ecocide, Carmen G. Gonzalez
Addressing IP and Technology Challenges to Pandemic Protection: A Need for Global Coordination to Promote National Security, Cynthia M. Ho
Upstream Lawyering: A Framework for Poverty Law, Kate Mitchell
Are Illinois Courts Still Champions of Fiduciary Duties?, Charles W. Murdock and Michael Huiras
Supreme Court Sophistry: More Inequality in the Name of Equal Protection, Juan F. Perea
Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting towards Cognitive Diversity?, Steven A. Ramirez
In Reviewing a Habeas Corpus Petition, How Much Deference Should a Federal Court Give to a State Court's Factual Findings When Examining Ineffective Assistance Claims under Strickland v. Washington and AEDPA?, Alan Raphael and Arti Sahajpal
The Importance of Policing, Stephen Rushin
The Effect of Police Quota Laws, Stephen Rushin and Griffin Sims Edwards
The Future of Health Care Conscience Law Post-Dobbs, Nadia N. Sawicki
Freemen and the Constitution: Monstrous Decisions of the United States Supreme Court, Allen E. Shoenberger
Death and Discretion: Some Thoughts on Living, Barry Sullivan
The New EU-US Data Protection Framework's Implications for Healthcare, Charlotte A. Tschider, Marcelo Corrales Compagnucci, and Timo Minssen
Antitrust and Pop Culture III: Direct to Streaming, Spencer Weber Waller
Finding Our Way: Teaching Legislative Advocacy Clinics, Anita Weinberg and Elizabeth B. Cooper
Child Welfare, Reasonable Efforts, and COVID-19, Anita Weinberg and Lilia Valdez
Publications from 2023
Jeffrey Epstein: Pedophiles, Prosecutors, and Power, Blanche Bong Cook
The History of Religious Hiring at American Catholic Law Schools, John M. Breen and Lee J. Strang
A More Capacious Concept of Church, Samuel D. Brunson
Leave Your Conscience at the Court: Religious Tax Protest Before and After RFRA, Samuel D. Brunson
Standing On the Shoulders of LLCs: The Tax Entity Status and Decentralized Autonomous Organizations, Samuel D. Brunson
Tax Law, Religion, and Justice: An Exploration of Theological Reflections on Taxation. By Allen Calhoun, Samuel D. Brunson
Singing in the Key of Dobbs: Historical Inquiries into the Institutionalization of Support for Families and Children, Sacha M. Coupet
Artificial Intelligence on Indian Reservations in the United States: Prospects and Challenges, Adam Crepelle
Federal Policies Trap Tribes in Poverty, Adam Crepelle
It Shouldn't Be This Hard: The Law and Economics of Business in Indian Country, Adam Crepelle
Making Red Lives Matter: Public Choice Theory and Indian Country Crime, Adam Crepelle
The Never-Ending Struggle for Tribal Fishing Rights, Adam Crepelle
Beyond Color-Blind International Economic Law, James T. Gathii
Introduction to the Symposium on Race, Racism, and International Law, James T. Gathii
The Right to a Healthy Environment and the Global South, Carmen G. Gonzalez
Global Trade, WTO, Labor Arbitrage, American Workers and National Security - The Need for a U.S. Industrial Policy, Charles W. Murdock
A Vision of the Anti-Racist Public Corporation, Steven A. Ramirez
If a Defendant Is Acquitted and Convicted of Offenses Arising out of the Same Conduct and the Judgements Are Declared Void, Can the State Retry the Defendant on the Acquitted Charge?, Alan Raphael and Danya Moodabagil
Norm-Shifting for Win-Win Change, Kalyani Robbins
Uncharted Waters: Can Water Rights Principles Stem the Tide of Ecosystem Services Loss?, Kalyani Robbins
A Federal Legislative Proposal to Address the Demise of the Bivens Remedy, Henry Rose
The Challenges of Police Defunding and the Reimagination of Public Safety, Stephen Rushin
Zoe Robinson & Stephen Rushin, The Law Enforcement Lobby, Stephen Rushin and Zoe Robinson
Executive Secrecy: Congress, the People, and the Courts, Barry Sullivan
Expert Knowledge, Democratic Accountability, and the Unitary Executive, Barry Sullivan
Lessons of the Plague Years, Barry Sullivan
Prescribing Exploitation, Charlotte A. Tschider
To Learn What People Want, Ask, Sarah E. Waldeck
Antitrust and Pop Culture: The Sequel, Spencer Weber Waller
Bespoke Antitrust, Spencer Weber Waller and Harry First
Perpetrators or Victims? The U.S. Response to the Forced Criminality of Children, Katherine Kaufka Walts, Meghan Scholnick, and Joanne Curley
Publications from 2022
Pick the Lowest Hanging Fruit: Hate Crime Law and the Acknowledgment of Racial Violence, Jeannine Bell
Something Rots in Law Enforcement and It's the Search Warrant: The Breonna Taylor Case, Blanche Bong Cook
Bargain Basement Progressivity? Constitutional Flat Taxes, Demogrants, and Progressive Income Taxation, Samuel D. Brunson
Good Intentions: Administrative Fiat and the General Welfare Exclusion, Samuel D. Brunson and Christian A. Johnson
Interring the Unitary Executive, Christine Chabot
Mapping Racial Capitalism: Implications for Law, Carmen G. Gonzalez
Biosimilar Bias: A Barrier to Addressing American Drug Costs, Cynthia M. Ho
Confronting Intellectual Property Nationalism, Cynthia M. Ho
Defense Against the Dark Arts: The Diversity Rationale and the Failed Affirmative Defense of Affirmative Action, Sheldon Bernard Lyke
The Status of California's Pay-for-Delay Legislation and Litigation, Jordan Paradise
Stumbling Over Trips: The International Intellectual Property Waiver Petition and The U.S. Executive, Jordan Paradise and Christina Conroy
Stumbling Over Trips: The International Intellectual Property Waiver Petition and The U.S. Executive, Jordan Paradise and Christina Conroy
Denying the Violence: The Missing Constitutional Law of Conquest, Juan F. Perea
Toward a Socially Just Peace in the War on Drugs?: The Illinois Cannabis Social-Equity Program, Steven A. Ramirez and Andre Douglas Pond Cummings
Roadmap for Anti-Racism: First Unwind the War on Drugs Now, Steven A. Ramirez and andre douglas pond cummings
The Racist Roots of the War on Drugs & the Myth of Equal Protection for People of Color, Steven A. Ramirez and andre douglas pond cummings
Incrementalism and Police Reform, Stephen Rushin
Police Vehicle Searches and Racial Profiling: An Empirical Study, Stephen Rushin and Griffin Sims Edwards
Ethical Malpractice, Nadia N. Sawicki
Tort Law Implications of Compelled Physician Speech, Nadia N. Sawicki
The Supreme Court and the People: Communicating Decisions to the Public, Barry Sullivan and Ramon Feldbrin
Locking Down 'Reasonable' Cybersecurity Duty, Charlotte A. Tschider
Locking Down "Reasonable" Cybersecurity Duty, Charlotte A. Tschider
Compelled Speech and Proportionality, Alexander Tsesis
A Pop Culture Guide to Antitrust, Spencer Weber Waller
Publications from 2021
Forgotten on the Frontlines: The Plight of Direct Care Workers During COVID-19, John D. Blum and Shawn R. Mathis
Happiness and Economic Justice, John Bronsteen
Addressing Hate: Georgia, the IRS, and the Ku Klux Klan, Samuel D. Brunson
God Is My Roommate? Tax Exemptions for Parsonages Yesterday, Today, and (if Constitutional) Tomorrow, Samuel D. Brunson
An Employee Home Office Expense Deduction for the New Normal, Samuel D. Brunson and Christian A. Johnson
The Lost History of Delegation at the Founding, Christine Chabot
Judicialization of Election Disputes in Africa’s International Courts, James T. Gathii
Studying Race in International Law Scholarship Using a Social Science Approach, James T. Gathii
The Promise of International Law: A Third World View, James T. Gathii
Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other, James T. Gathii
Home Equity: Rethinking Race and Federal Housing Policy, rachel D. Godsil and Sarah E. Waldeck
Climate Lawyers as Movement Lawyers (and Vice Versa), Carmen G. Gonzalez
Federal (De)Funding of Local Police, Roger Michalski and Stephen Rushin
Insulin Federalism, Jordan Paradise
Pandemic Politics, Public Health, and the FDA, Jordan Paradise and Becky Bavlsik
Race in America 2021: A Time to Embrace Beauharnais v. Illinois?, Steven A. Ramirez
Did Voir Dire and Discovery Restrictions Justify the Grant of a New Sentencing Hearing to the Man Convicted of the Boston Marathon Bombing?, Alan Raphael and Lindsay Hill