Articles, papers, presentations, and other materials authored by faculty from the School of Law at Loyola University Chicago.
Publications from 2021
Maintaining Client Privacy in an Increasingly Public World, Anne-Marie E. Rhodes and Mel M. Justak
An Empirical Assessment of Pretextual Stops and Racial Profiling, Stephen Rushin
Police Arbitration, Stephen Rushin
Federal (De)Funding of Local Police, Stephen Rushin and Roger mikalski
Oral Argument in The Time of Covid: The Chief Plays Calvinball, Matthew Sag, Tonja Jacobi, Timothy R. Johnson, and Eve M. Ringsmuth
A Malpractice-Based Duty to Disclose the Risk of Stillbirth: A Response to Lens, Nadia N. Sawicki
State Peer Review Laws as a Tool to Incentivize Reporting to Medical Boards, Nadia N. Sawicki
Unilateral Burdens and Third-Party Harms: Abortion Conscience Laws as Policy Outliers, Nadia N. Sawicki
The Unitary Executive Theory Is Plainly Wrong and Anti-American: "Presidents Are Not Kings", Allen E. Shoenberger
Reforming the Office of Legal Counsel, Barry Sullivan
AI's Legitimate Interest: Towards a Public Benefit Privacy Model, Charlotte A. Tschider
Beyond the "Black Box", Charlotte A. Tschider
Legal Opacity: Artificial Intelligence’s Sticky Wicket, Charlotte A. Tschider
Meaningful Choice: A History of Consent and Alternatives to the Consent Myth, Charlotte A. Tschider
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider
Enforcement of the Reconstruction Amendments, Alexander Tsesis
Enforcement of the Reconstruction Amendments, Alexander Tsesis
Home Equity: Rethinking Race and Federal Housing Policy, Sarah E. Waldeck and Rachel D. Godsil
The New Tipping Point: Disruptive Politics and Habituating Equality, Sarah E. Waldeck and rachel D. Godsil
The New Tipping Point: Disruptive Politics and Habituating Equality, Sarah E. Waldeck and Rachel D. Godsil
The Political Face of Antitrust, Spencer Weber Waller
The Political Face of Antitrust, Spencer Weber Waller and Jacob Morse
A Reflection on Integration, Neil G. Williams
Publications from 2020
Tobacco Product Warnings in the Mist of Vaping: A Retrospective on the Public Health Cigarette Smoking Act, John D. Blum
A Light Unseen: The History Of Catholic Legal Education in the United States: A Response to Our Colleagues and Critics, John M. Breen and Lee J. Strang
"I'd Gladly Pay You Tuesday for a [Tax Deduction] Today": Donor-Advised Funds and the Deferral of Charity, Samuel D. Brunson
The University, Ideology, and Tax Exemption, Samuel D. Brunson and Ellen P. Aprill
The Science of Administrative Change, Christine Chabot and Barry Sullivan
Valuing All Identities beyond the Schoolhouse Gate: The Case for Inclusivity as a Civic Virtue in K-12, Sacha M. Coupet
Africa and the Radical Origins of the Right to Development, James T. Gathii
Climate Change, Race, and Migration, Carmen G. Gonzalez
Migration As Reparation: Climate Change and the Disruption of Borders, Carmen G. Gonzalez
The Promise and Failures of Children's Medicaid and the Role of Medical-Legal Partnerships as Monitors and Advocates, Kate Mitchell
Arbitration of Worker Contracts: New Prime's Proper Statutory Interpretation of the 1925 Federal Arbitration Act, Margaret L. Moses
Why Ricardo's Theory of Comparative Advantage regarding Foreign Trade Doesn't Work in Today's Global Economy, Charles W. Murdock
Three Framing of "Faster" at the FDA and the Federal Right to Try, Jordan Paradise
FDA Publicity and Enforcement in the COVID-19 Era, Jordan Paradise and Elise Fester
Immigration Policy as a Defense of White Nationhood, Juan F. Perea
The Emergence of Law and Macroeconomics: From Stability to Growth to Human Development, Steven A. Ramirez
THE EMERGENCE OF LAW AND MACROECONOMICS: FROM STABILITY TO GROWTH TO HUMAN DEVELOPMENT, Steven A. Ramirez
Are Presidential Electors Free to Vote As They Wish, Despite a State’s Popular Vote?, Alan Raphael and Elliott Mondry
State Attorneys General as Agents of Police Reform, Stephen Rushin and Jason Mazzone
Copyright Law's Impact on Machine Intelligence in the United States and the European Union, Matthew Sag
The Conscience Defense to Malpractice, Nadia N. Sawicki
A Constitutional Right to a Functioning United States Government? Are Governments Shutdowns Unconstitutional?, Allen E. Shoenberger
COVID-19 and American Democracy, Barry Sullivan
The Science of Administrative Change, Barry Sullivan and Christine Chabot
Supreme Court Journalism: From Law to Spectacle?, Barry Sullivan and Cristina Tilley
The Healthcare Privacy-Artificial Intelligence Impasse, Charlotte A. Tschider
Confederate Monuments as Badges of Slavery, Alexander Tsesis
The Omega Man or the Isolation of U.S. Antitrust Law, Spencer Weber Waller
Publications from 2019
Academic Freedom and the Catholic University: An Historical Review, a Conceptual Analysis, and a Prescriptive Proposal, John M. Breen and Lee J. Strang
The Thinness of Catholic Legal Education, a Review of Robert J. Kaczorowski, Fordham University Law School: A History, John M. Breen and Lee J. Strang
Afterlife of the Death Tax, Samuel D. Brunson
Mormon Profit: Brigham Young, Tithing, and the Bureau of Internal Revenue, Samuel D. Brunson
Paying for Gun Violence, Samuel D. Brunson
Do Justices Time Their Retirements Politically: An Empirical Analysis of the Timing and Outcomes of Supreme Court Retirements in the Modern Era, Christine Chabot
War is More Than a Political Question: Reestablishing Original Constitutional Norms, John C. Dehn
Beyond Samuel Moyn's Countermajoritatian Difficulty as a Model of Global Judicial Review, James T. Gathii
A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, and First Amendment Overprotection, Cynthia M. Ho
Just Another School: The Need to Strengthen Legal Protections for Students Facing Disciplinary Transfers, Miranda Johnson
The Future of Insider Trading after Salman: Perpetuation of a Flawed Analysis Or a Return to Basics, Charles W. Murdock
Lehman 10 Years Later: Lessons Learned?, Steven A. Ramirez
DERACIALIZATION AND DEMOCRACY, Steven Ramirez and Neil G. Williams
The Criminal Law Docket: A Term of Modest Changes, Alan Raphael
UTC's Duty to Inform and Report at 20 - How Mandatory Is Transparency, Anne-Marie E. Rhodes and Mel M. Justak
UTC's Duty to Inform and Report at 20 - How Mandatory Is Transparency, Anne-Marie E. Rhodes and Mel M. Justak
Police Disciplinary Appeals, Stephen Rushin
The Effects of Voluntary and Presumptive Sentencing Guidelines, Stephen Rushin, Josph Colquitt, and Griffin Sims Edwards
Interrogating Police Officers, Stephen Rushin and Atticus DeProspo
The Effects of Voluntary and Presumptive Sentencing Guidelines, Stephen Rushin, Griffin Sims Edwards, and Josph Colquitt
Taking Laughter Seriously at the Supreme Court, Matthew Sag
he New Oral Argument: Justices as Advocates, Matthew Sag and Tonja Jacobi
Democratic Conditions, Barry Sullivan
Data Subjects' Privacy Rights: Regulation of Personal Data Retention and Erasure, Alexander Tsesis
Deliberate Democracy, Truth, and Holmesian Social Darwinism, Alexander Tsesis
Marketplace of Ideas, Privacy, and the Digital Audience, Alexander Tsesis
A Norms-Based Approach to Sustaining Integration, Sarah E. Waldeck
Antitrust and Democracy, Spencer Weber Waller
Publications from 2018
Public Health Preparedness & Response: An Exercise in Administrative Law, John D. Blum and Jordan Paradise
Would Hamsterdam Work - Drug Depenalization in The Wire and in Real Life, John Bronsteen
Why a President Cannot Authorize the Military to Violate (Most of) the Law of War, John C. Dehn
Assessing Kenya’s Cooperative Model of Devolution: A Situation-Specific Analysis, James T. Gathii and Harrison Mbori Otieno
Ninety Years of Asian Americans at Loyola, Thomas M. Haney
Reexamining Eli Lilly v. Canada: A Human Rights Approach to Investor-State Disputes?, Cynthia M. Ho
From Texas Gulf Sulphur to Laudato Si': Mining Equitable Principles from Insider Trading Law, Michael Kaufman
Exploring Precision FDA, an Online Platform for Crowdsourcing Genomics, Jordan Paradise
Regulatory Silence at the FDA, Jordan Paradise
Echoes of Slavery II: How Slavery's Legacy Distorts Democracy, Juan F. Perea
On the Permanence of Racial Injustice and the Possibility of Deracialization, Steven A. Ramirez and Neil G. Williams
Interrogation Parity, Stephen Rushin and Kate Levine
Police Executive Opinions of Legal Regulation, Stephen Rushin and Roger Michalski
Defense Against the Dark Arts of Copyright Trolling, Matthew Sag and Jake Haskell
Choosing Medical Malpractice, Nadia N. Sawicki