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

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Publications from 2007

The Economics of Discrimination, in The Encyclopedia of Law and Society, Steven A. Ramirez

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The End of Corporate Governance Law: Optimizing Regulatory Structures for a Race to the Top., Steven A. Ramirez

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The Special Interest Race to CEO Primacy and the End of Corporate Governance Law., Steven A. Ramirez

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Consequences of Heirs’ Misconduct: Moving from Rules to Discretion., Anne-Marie E. Rhodes

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Class Actions and the Poor., Henry Rose

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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

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Privacy Wars: EU Versus US: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger

Law of Medical Practice in Illinois, 3rd ed., Lawrence E. Singer

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Freedom to Integrate: A Desegregationist Perspective on the Thirteen Amendment., Alexander Tsesis

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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

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September Eleventh, A Citizen’s Responses (Continued)., George Anastaplo

PLATO'S MENO: TRANSLATION & COMMENTARY, L. Berns and Michael J. Zimmer

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Combating Those Ugly Medical Errors – It’s Time for a Hospital Regulatory Makeover, John D. Blum

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Efficiencies in Health Care Regulation: Observations Near and Far., John D. Blum

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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., Bruce A. Boyer

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Never Get Out’a the Boat: Stenberg v. Carhart and the Future of American Law., John M. Breen

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The Catholic Lawyer: “Faith” in Three Parts., John M. Breen

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Commerce, Conquest, and Wartime Confiscation, James T. Gathii

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Exporting Culture Wars, James T. Gathii

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Imperialism, Colonialism, and International Law, James T. Gathii

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Minority Rights in Corporate Law: A Reply to Chander, James T. Gathii

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The American Origins of Liberal and Illiberal Regimes of International Economic Governance in the Marshall Court, James T. Gathii

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The Sanctity of Sovereign Loan Contracts and Its Origins in Enforcement Litigation, James T. Gathii

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Biopiracy and Beyond: A Consideration of Socio-Cultural Conflicts with Global Patent Policies, Cynthia M. Ho

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Nationalizing Ethical Standards for Securities Lawyers., Michael J. Kaufman

International Trade and U.S. Antitrust Law, J. Kessler and Alexander Tsesis

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What is a Merger?: The Case for Taxing Cash Mergers Like Stock Sales., Jeffrey L. Kwall

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Statutory Misconstruction: How the Supreme Court Created a Federal Arbitration Law Never Enacted by Congress, Margaret L. Moses

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Parent Corporation Liability for Acts of Its Subsidiary, Charles Murdock

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The Supreme Court’s Decisions in Arthur Andersen and Dura Pharmaceuticals, Charles W. Murdock

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Recent Appellate Court Decisions on Eyewitness Identification., Jerry E. Norton

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Endogenous Growth Theory, Status Quo Efficiency, and Globalization., Steven A. Ramirez

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The Chaos of Smith., Steven A. Ramirez

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When Does the Securities Litigation Uniform Standards Act of 1998 Preempt State Law Claims?, Steven A. Ramirez

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Confrontation Clause and Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael

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On Art Theft, Tax, and Time: Triangulating Ownership Disputes Through the Tax Code, Anne M. Rhodes

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Does Mission Matter?, Lawrence E. Singer

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A Civil Rights Approach, Alexander Tsesis

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Matsushita at 20: A Conference Introduction., Spencer Weber Waller

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Microsoft and Trinko: A Tale of Two Courts., Spencer Weber Waller

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Towards a Constructive Public-Private Partnership to Enforce Competition Law., Spencer Weber Waller

Publications from 2005

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Justice, the Liberal Arts, and Some Basic Training for Lawyers, George Anastaplo

THE CONSTITUTIONALIST: NOTES ON THE FIRST AMENDMENT, George Anastaplo

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Beyond the Bylaws: Hospital-Physician Relationships, Economics, and Conflicting Agendas, John D. Blum

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Is Justice for One Justice for All? The Dilemma of Public Health Enforcement in an Interconnected World, John D. Blum

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Justice and Jesuit Legal Education: A Critique, John M. Breen

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Class Action Settlements: An Opt-in Proposal, John Bronsteen

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Swimming Upstream Against the Great Adoption Tide: Making the Case for “Impermanence,”, Sacha M. Coupet

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Assessing Claims of a New Doctrine of Pre-emptive War Under the Doctrine of Sources, James T. Gathii

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Foreign Precedents in the Federal Judiciary: The Case of the World Trade Organization’s DSB Decisions, James T. Gathii

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How American Support for Freedom of Commerce Legitimized King Leopold’s Territorial Ambitions in the Congo, James T. Gathii

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How Necessity May Preclude State Responsibility for Compulsory Licensing Under the TRIPS Agreement, James T. Gathii

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International Justice and the Trading Regime, James T. Gathii

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Wartime Security and Constitutional Liberty, James T. Gathii

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Do Patents Promote the Progress of Justice?: Reflections on Varied Visions of Justice, Cynthia M. Ho

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Inoculation Inventions: The Interplay of Infringement and Immunity in the Development of Biodefense Vaccines, Cynthia M. Ho

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At a Loss: Congress, the Supreme Court and Causation Under Federal Securities Law, Michael J. Kaufman

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Beyond Presumptions and Peafowl: Reconciling the Legal Principle of Equality with the Pedagogical Benefits of Gender Differentiation, Michael J. Kaufman

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Rhetorical Questions Concerning Justice and Equality in Educational Opportunities, Michael J. Kaufman

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‘Don’t File!’: Rehabilitating Unauthorized Practice of Law-Based Policies in the Credit Counseling Industry, Lea Krivinskas Shepard

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Justice: The Impact of a Lawyer's Personal Philosophy, Jeffrey L. Kwall

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Justice and Truth in Political Discourse, John L. McCormack

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Letters of Credit and the Insolvent Applicant: A Recipe for Bad Faith Dishonor, Margaret L. Moses

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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