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

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Publications from 2021

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Forgotten on the Frontlines: The Plight of Direct Care Workers During COVID-19, John D. Blum and Shawn R. Mathis

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Addressing Hate: Georgia, the IRS, and the Ku Klux Klan, Samuel D. Brunson

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God Is My Roommate? Tax Exemptions for Parsonages Yesterday, Today, and (if Constitutional) Tomorrow, Samuel D. Brunson

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The Lost History of Delegation at the Founding, Christine Chabot

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Studying Race in International Law Scholarship Using a Social Science Approach, James T. Gathii

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The Promise of International Law: A Third World View, James T. Gathii

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Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each Other, James T. Gathii

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Home Equity: Rethinking Race and Federal Housing Policy, rachel D. Godsil and Sarah E. Waldeck

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Federal (De)Funding of Local Police, Roger Michalski and Stephen Rushin

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Insulin Federalism, Jordan Paradise

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Pandemic Politics, Public Health, and the FDA, Jordan Paradise and Becky Bavlsik

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Race in America 2021: A Time to Embrace Beauharnais v. Illinois?, Steven A. Ramirez

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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

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Why Do the Poor Not Have a Constitutional Right to File Civil Claims in Court under Their First Amendment Right to Petition the Government for a Redress of Grievances?, Henry Rose

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An Empirical Assessment of Pretextual Stops and Racial Profiling, Stephen Rushin

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Masculinity in Policing: The Need to Recruit More Women in American Police Departments Fall 2020 Symposium: Addressing the Crisis in Policing Today: Race, Masculinity, and Police Use of Force in America, Stephen Rushin

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Police Arbitration, Stephen Rushin

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Federal (De)Funding of Local Police, Stephen Rushin and Roger mikalski

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Oral Argument in The Time of Covid: The Chief Plays Calvinball, Matthew Sag, Tonja Jacobi, Timothy R. Johnson, and Eve M. Ringsmuth

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A Malpractice-Based Duty to Disclose the Risk of Stillbirth: A Response to Lens, Nadia N. Sawicki

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Unilateral Burdens and Third-Party Harms: Abortion Conscience Laws as Policy Outliers, Nadia N. Sawicki

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Reforming the Office of Legal Counsel, Barry Sullivan

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Meaningful Choice: A History of Consent and Alternatives to the Consent Myth, Charlotte A. Tschider

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Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

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Medical Device Artificial Intelligence: The New Tort Frontier, Charlotte A. Tschider

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Enforcement of the Reconstruction Amendments, Alexander Tsesis

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Enforcement of the Reconstruction Amendments, Alexander Tsesis

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Home Equity: Rethinking Race and Federal Housing Policy, Sarah E. Waldeck and Rachel D. Godsil

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The New Tipping Point: Disruptive Politics and Habituating Equality, Sarah E. Waldeck and Rachel D. Godsil

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The New Tipping Point: Disruptive Politics and Habituating Equality, Sarah E. Waldeck and rachel D. Godsil

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The Political Face of Antitrust, Spencer Weber Waller

Publications from 2020

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Tobacco Product Warnings in the Mist of Vaping: A Retrospective on the Public Health Cigarette Smoking Act, John D. Blum

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"I'd Gladly Pay You Tuesday for a [Tax Deduction] Today": Donor-Advised Funds and the Deferral of Charity, Samuel D. Brunson

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The Science of Administrative Change, Christine Chabot and Barry Sullivan

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Valuing All Identities beyond the Schoolhouse Gate: The Case for Inclusivity as a Civic Virtue in K-12, Sacha M. Coupet

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Africa and the Radical Origins of the Right to Development, James T. Gathii

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Migration As Reparation: Climate Change and the Disruption of Borders, Carmen G. Gonzalez

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Arbitration of Worker Contracts: New Prime's Proper Statutory Interpretation of the 1925 Federal Arbitration Act, Margaret L. Moses

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Why Ricardo's Theory of Comparative Advantage regarding Foreign Trade Doesn't Work in Today's Global Economy, Charles W. Murdock

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Three Framing of "Faster" at the FDA and the Federal Right to Try, Jordan Paradise

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FDA Publicity and Enforcement in the COVID-19 Era, Jordan Paradise and Elise Fester

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Immigration Policy as a Defense of White Nationhood, Juan F. Perea

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The Emergence of Law and Macroeconomics: From Stability to Growth to Human Development, Steven A. Ramirez

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THE EMERGENCE OF LAW AND MACROECONOMICS: FROM STABILITY TO GROWTH TO HUMAN DEVELOPMENT, Steven A. Ramirez

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Electoral College: Supreme Court Decides That States May Replace or Punish Presidential Electors Who Do Not Vote for the Candidate Who Won the Most Votes in the State, but Leaves Several Questions Unanswered, Alan Raphael

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Are Presidential Electors Free to Vote As They Wish, Despite a State’s Popular Vote?, Alan Raphael and Elliott Mondry

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STATE ATTORNEYS GENERAL AS AGENTS OF POLICE REFORM, Stephen Rushin and Jason Mazzone

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Copyright Law's Impact on Machine Intelligence in the United States and the European Union, Matthew Sag

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The Conscience Defense to Malpractice, Nadia N. Sawicki

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A Constitutional Right to a Functioning United States Government? Are Governments Shutdowns Unconstitutional?, Allen E. Shoenberger

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COVID-19 and American Democracy, Barry Sullivan

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The Science of Administrative Change, Barry Sullivan and Christine Chabot

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Supreme Court Journalism: From Law to Spectacle?, Barry Sullivan and Cristina Tilley

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The Healthcare Privacy-Artificial Intelligence Impasse, Charlotte A. Tschider

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Confederate Monuments as Badges of Slavery, Alexander Tsesis

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The Omega Man or the Isolation of U.S. Antitrust Law, Spencer Weber Waller

Publications from 2019

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Academic Freedom and the Catholic University: An Historical Review, a Conceptual Analysis, and a Prescriptive Proposal, John M. Breen and Lee J. Strang

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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

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Afterlife of the Death Tax, Samuel D. Brunson

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Mormon Profit: Brigham Young, Tithing, and the Bureau of Internal Revenue, Samuel D. Brunson

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Paying for Gun Violence, Samuel D. Brunson

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Do Justices Time Their Retirements Politically: An Empirical Analysis of the Timing and Outcomes of Supreme Court Retirements in the Modern Era, Christine Chabot

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War is More Than a Political Question: Reestablishing Original Constitutional Norms, John C. Dehn

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Beyond Samuel Moyn's Countermajoritatian Difficulty as a Model of Global Judicial Review, James T. Gathii

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A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, and First Amendment Overprotection, Cynthia M. Ho

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Just Another School: The Need to Strengthen Legal Protections for Students Facing Disciplinary Transfers, Miranda Johnson and James Naughton

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The Future of Insider Trading after Salman: Perpetuation of a Flawed Analysis Or a Return to Basics, Charles W. Murdock

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Lehman 10 Years Later: Lessons Learned?, Steven A. Ramirez

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DERACIALIZATION AND DEMOCRACY, Steven Ramirez and Neil G. Williams

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The Criminal Law Docket: A Term of Modest Changes, Alan Raphael

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UTC's Duty to Inform and Report at 20 - How Mandatory Is Transparency, Anne-Marie E. Rhodes and Mel M. Justak

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UTC's Duty to Inform and Report at 20 - How Mandatory Is Transparency, Anne-Marie E. Rhodes and Mel M. Justak

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Arlington Heights Won in the Supreme Court but the Fair Housing Act's Goal of Promoting Racial Integration Saved the Low-Income Housing, Henry Rose

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Police Disciplinary Appeals, Stephen Rushin

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The Effects of Voluntary and Presumptive Sentencing Guidelines, Stephen Rushin, Josph Colquitt, and Griffin Sims Edwards

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Interrogating Police Officers, Stephen Rushin and Atticus DeProspo

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The Effects of Voluntary and Presumptive Sentencing Guidelines, Stephen Rushin, Griffin Sims Edwards, and Josph Colquitt

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Taking Laughter Seriously at the Supreme Court, Matthew Sag

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he New Oral Argument: Justices as Advocates, Matthew Sag and Tonja Jacobi

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Democratic Conditions, Barry Sullivan

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Data Subjects' Privacy Rights: Regulation of Personal Data Retention and Erasure, Alexander Tsesis

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Deliberate Democracy, Truth, and Holmesian Social Darwinism, Alexander Tsesis

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Marketplace of Ideas, Privacy, and the Digital Audience, Alexander Tsesis

A Norms-Based Approach to Sustaining Integration, Sarah E. Waldeck

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Antitrust and Democracy, Spencer Weber Waller

Publications from 2018

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Public Health Preparedness & Response: An Exercise in Administrative Law, John D. Blum and Jordan Paradise

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Would Hamsterdam Work - Drug Depenalization in The Wire and in Real Life, John Bronsteen

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Why a President Cannot Authorize the Military to Violate (Most of) the Law of War, John C. Dehn

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Assessing Kenya’s Cooperative Model of Devolution: A Situation-Specific Analysis, James T. Gathii and Harrison Mbori Otieno

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Ninety Years of Asian Americans at Loyola, Thomas M. Haney

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Reexamining Eli Lilly v. Canada: A Human Rights Approach to Investor-State Disputes?, Cynthia M. Ho

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From Texas Gulf Sulphur to Laudato Si': Mining Equitable Principles from Insider Trading Law, Michael Kaufman

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Exploring Precision FDA, an Online Platform for Crowdsourcing Genomics, Jordan Paradise

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Regulatory Silence at the FDA, Jordan Paradise

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Echoes of Slavery II: How Slavery's Legacy Distorts Democracy, Juan F. Perea

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On the Permanence of Racial Injustice and the Possibility of Deracialization, Steven A. Ramirez and Neil G. Williams

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How the United States Supreme Court Diminished Constitutional Protections of the Right to Vote and What Congress Can Do About It, Henry Rose

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Interrogation Parity, Stephen Rushin and Kate Levine

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Police Executive Opinions of Legal Regulation, Stephen Rushin and Roger Michalski

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Defense Against the Dark Arts of Copyright Trolling, Matthew Sag and Jake Haskell