Scholarship
Loyola faculty members regularly publish in the top journals, including, in the last several years, the Harvard Law Review, the Stanford Law Review, University of Pennsylvania Law Review and University of Chicago Law Review; publish manuscripts in the top presses; and write influential casebooks and treatises used by lawyers, judges and students. Recent and forthcoming scholarship by Loyola faculty members includes:
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Hiro Aragaki
Arbitration’s Suspect Status, University of Pennsylvania Law Review (2011)
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Jeff Atik
- Inventing Trade Remedies in Response to Climate Change, Southwestern Journal of International Law (2012)
- SUSTAINABLE TECHNOLOGY TRANSFER (with Hans Henrik Lidgard and Tu Thahn Nguyen (Kluwer 2011), including chapter, "ACTA and the Destabilization of TRIPS."
- Basel II and Extreme Risk Analysis, in 6 Current Developments in Monetary and Financial Law (International Monetary Fund 2012)
- Effectiveness of Health Measures and the ‘Appropriate Levels of Protection’, in Denise Prevost & Geert Van Calster (eds.), Research Handbook on Environment, Health and the WTO (forthcoming Edward Elgar 2011)
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Carlos Berdejo
Crime, Punishment, and Politics, Review of Economics and Statistics (2012) (with Noam Yuchtman)
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Sande Buhai
- Federal Judicial Disqualification: A Behavioral and Quantitative Analysis,Oregon Law Review (2011)
- The Role of Law Schools in Educating Judges to Increase Access to Justice, Pac. McGeorge Global Bus. & Dev. Law Journal (2011) (with Ved Kumari, Amari Omaka C., Stephen A. Rosenbaum, Supriya Routh, and Anne Taylor)
- Confidentiality of Client Identity, ABA Journal of the Professional Lawyer (forthcoming 2012)
- Profession: A Definition, Fordham Urban Law Journal (forthcoming 2012)
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Aaron Caplan
- Free Speech and Civil Harassment Orders, Hastings Law Journal (forthcoming 2013)
- Assembly and Petition (book review), Journal of Legal Education (forthcoming 2013)
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Brietta Clark
- Medicaid Access, Rate Setting & Payment Suits: How the Obama Administration is Undermining his own Health Reform Goals, Howard Law Journal (2012)
- Safeguarding Federalism By Saving Health Reform: The Implications of National Federation of Independent Business v. Sebelius, Loyola of Los Angeles Law Review (forthcoming 2012)
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David Glazier
- Military Commissions, chapter in ABA Journalists Guide to National Security Law (2012)
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Victor Gold
- Evidence: A Structured Approach, (Wolters Kluwer, 3d ed., 2012) (with David Leonard and Gary Williams)
- Federal Practice and Procedure, Vol. 28 (West, 2d ed., forthcoming, 2012) (with Charles Alan Wright)
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Charlotte Goldberg
Opting In, Opting Out: Autonomy in the Community Property States, Louisiana Law Review (2011)
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Stan Goldman
The Man Who Made Genocide A Crime, Loyola International and Comparative Law Review (forthcoming 2012)
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Simona Grossi
Rethinking the Harmonization of Jurisdictional Rules, Tulane Law Review (2012)
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Michael Guttentag
- How and Why to Rewrite the Rules that Require Firms to Make Periodic Public Disclosures, Indiana Law Journal (forthcoming 2013)
- Michael Guttentag, Stumbling Into Crime: Stochastic Process Models of Accounting Fraud in Research Handbook on the Economics of Criminal Law (Harel and Hylton, editors 2012)
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Paul Hayden
- Ethical Lawyering (3d Ed. West 2012)
- The Law of Torts, 4 volume treatise (West 2011) (with Dan B. Dobbs & Ellen M. Bublick)
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Paul Hayden
United States and International Sales, Lease, and Licensing Law (Cases and Problems)(2d edition)(Aspen 2012)
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Allan Ides
- Constitutional Law, chapter in Fa Xue Juan (“Jurisprudence”) (China 2012)
- Civil Procedure: Cases and Problems 4th ed. (Aspen 2012) (with Christopher N. May)
- Civil Procedure: Rules, Statutes, and Cases (Aspen 2012) (with Christopher N. May)
- Civil Procedure: Essay and Multiple-Choice Questions and Answers (Aspen 2012).
- A Critical Appraisal of the Supreme Court’s Decision in J. McIntyre Machinery, Ltd. v. Nicastro, Loyola of Los Angeles Law Review (2012)
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Kathleen Kim
- Introduction: Perspectives on Immigration Reform, Loyola of Los Angeles Law Review (2012)
- Encyclopedia of Migration, Human Trafficking Chapter (Springer, forthcoming 2013) (with Stephanie Limoncelli)
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Kevin Lapp
- A Better Balancing: Reconsidering Preconviction DNA Extraction from Federal Arrestees, N.C. L. Rev. Addendum (2012) (with Joy Radice)
- Reforming the Good Moral Character Requirement for U.S. Citizenship, Indiana Law Journal (2012)
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Daniel Lazaroff
So What Else is New?, Loyola Law Review (forthcoming 2012)
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Laurie Levenson
- Discovery from the Trenches: The Future of Brady,UCLA Law Review Discourse (2013).
- Post-Conviction Death Penalty Investigations: The Need for Independent Investigators, Loyola of Los Angeles Law Review (2011)
- Book Review of The People's Courts: Pursuing Judicial Independence in America, Journal of Legal Education (forthcoming 2013).
- Federal Criminal Rules Handbook (West 2012)
- California Criminal Procedure (West 2012)
- California Criminal Law (West 2012) (with Alex Ricciardulli)
- California Criminal Motions (West 2012) (with Alex Ricciardulli)
- Peeking Behind the Plea Bargaining Process, Loyola of Los Angeles Law Review (forthcoming 2013)
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Jessica Levinson
- When Less is More: Limiting Political Spending to Promote Political Speech, University of Richmond Law Review (forthcoming 2013)
- We the Corporations?: The Constitutionality of Limitations on Corporate Electoral Speech After Citizens United, University of San Francisco Law Review (2012)
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Justin Levitt
- Democracy on the High Wire: Citizen Commission Implementation of the Voting Rights Act, U.C. Davis Law Review (forthcoming 2013)
- Election Deform: The Pursuit of Unwarranted Electoral Regulation, Election Law Journal (2012)
- Fault and the Murkowski Voter: A Reply to Flanders, Alaska Law Review (2011)
- Redistricting and the West: the Legal Context, in REDISTRICTING AND REAPPORTIONMENT IN THE WEST (GARY F. Moncrief ed. 2011)
- Novel (and Not-so-Novel) Alternatives to Legislative Redistricting, in AMERICA VOTES! A GUIDE TO MODERN ELECTION LAW AND VOTING RIGHTS (Benjamin E. Griffith 2d ed., 2012)
- Resolving Election Error, William and Mary Law Review (2012)
- The Partisanship Spectrum, William and Mary Law Review (forthcoming 2013).
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Yxta Murray
- From Here I Saw What Happened and I Cried: Carrie Mae Weems’ Challenge to the Harvard Archive, Unbound: Harvard Journal of the Legal Left (forthcoming 2012)
- Punishment and the Costs of Knowledge, Seventh Seamus Heaney Lecture Series (forthcoming 2012)
- The Pedagogy of Violence, Southern California Journal of Interdisciplinary Studies (2011)
- Feminist Engagement and the Museum, British Journal of American Legal Studies (2012)
- You're Making New Categories: Anglo-American Radical Feminism's Constitutionalism in the Streets, Hastings Race and Poverty Law Journal (2011)
- Rape Trauma, the State, and the Art of Tracey Emin, California Law Review (forthcoming 2012)
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Douglas NeJaime
- Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and the Production of Sexual Orientation Discrimination, California Law Review (2012)
- Cause Lawyers Inside the State, Fordham Law Review (forthcoming 2012)
- Constitutional Change, Courts, and Social Movements, Michigan Law Review (forthcoming 2013) (reviewing Jack Balkin, Constitutional Redemption)
- Talking Around Marriage, Loyola of Los Angeles Law Review (2012)
- Framing (In)Equality for Same-Sex Couples, Roger Williams Law Review (forthcoming 2013)
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Alexandra Natapoff
- Aggregation and Urban Misdemeanors, Fordham Urban Law Journal (forthcoming 2013).
- Misdemeanors, Southern California Law Review (2012)
- Snitching and the Use of Criminal Informants, in Oxford Bibliographies in CRIMINOLOGY. (Ed. Richard Wright. New York: Oxford University Press) (2012)
- Gideon Skepticism, Washington and Lee Law Review (forthcoming 2013).
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John Nockleby
John Nockleby, Jay Dougherty, Victor Gold, Allan Ides, Laurie Levenson, Karl Manheim, The Journalists’ Guide to American Law (Routledge, 2012)
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Lee Petherbridge
- The Federal Circuit and Inequitable Conduct: An Empirical Assessment, Southern California Law Review (2011)
- The End of an Epithet? An Explosion of the Use of Legal Scholarship in Intellectual Property Decisions, University of Houston Law Review (2012) (with David L. Schwartz)
- Legal Scholarship and the United States Court of Appeals for the Federal Circuit: An Empirical Study of a National Circuit, Berkeley Technology Law Journal (forthcoming 2011) (with David L. Schwartz)
- Toward a System of Invention Registration: The Leahy-Smith America Invents Act, Michigan Law Review First Impressions (2011)
- On Predicting Patent Litigation, Texas Law Review (2012)
- America Invents, More or Less?, University of Pennsylvania Law Review Pennumbra (2012)
- Therasense v. Becton Dickinson: A First Impression, Yale Journal of Law & Technology (forthcoming 2012)
- An Empirical Assessment of the Supreme Court’s Use of Legal Scholarship,Northwestern University Law Review, (forthcoming 2012) (with David L. Schwartz)
- Did Phillips Change Anything? Empirical Analysis of the Federal Circuit’s Claim Construction Jurisprudence, (INTELLECTUAL PROPERTY AND THE COMMON LAW, S. Balganesh, ed., Cambridge Univ. Press, forthcoming 2012)
- The Pseudo-Elimination of Best Mode: Worst Possible Choice?, UCLA L. Rev. Disc. (2012) (with Jason Rantanen)
- In Memoriam Best Mode, Stan. L. Rev. Online (2012) (with Jason Rantanen)
- The End of an Epithet? An Exploration of the Use of Legal Scholarship in Intellectual Property Decisions, University of Houston Law Review (2013).
- An Empirical Study of the Use of Legal Scholarship in Supreme Court Trademark Jurisprudence, Cardozo Law Review (forthcoming 2013).
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Elizabeth Pollman
Information Issues on Wall Street 2.0, University of Pennsylvania Law Review (2012)
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Katie Pratt
- Federal Income Taxation: Examples and Explanations (Aspen 2011) (with Joseph Bankman and Thomas Griffith)
- A Constructive Critique of Public Health Arguments for Anti-obesity Soda Taxes and Food Taxes, Tulane Law Review (forthcoming 2012)
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Cesare Romano
- The Rule of Exhaustion of Domestic Remedies: The Theory and Practice in International Human Rights Procedures, in Scovazzi, T., Boschiero, N., Essays in Honor of Judge Tullio Treves, (TMC Asser forthcoming 2013)
- International Courts, Oxford Bibliographies Online (OUP 2012).
- Sex Exceptionalism in Intellectual Property, Stanford Law & Policy Review (2012)
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Therese Maynard
Ethics for Business Lawyers Representing Start-Up Companies, Wake Forest Journal of Business and Intellectual Property Law(2011)
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Georgene Vairo
- THE JURISDICTION AND VENUE CLARIFICATION ACT OF 2011: ANALYSIS AND DEVELOPMENTS, Lexis Publishing (forthcoming 2013)
- Class Action Fairness Act: Significant Issues and Developments, Class Action Litigation Strategies (PLI 2012)
- The Complete CAFA: Analysis and Developments Under The Class Action Fairness Act of 2005, Lexis Publishing (2011)
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Dana Warren
Venture Capital Investment: Status and Trends, Ohio State Entrepreneurial Business Law Journal (2012)
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Michael Waterstone
Disability Cause Lawyering, William and Mary Law Review (2012)
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Kimberly West-Faulcon
- Fairness Feuds: Title VII’s Competing Conceptions of Discriminatory Testing, Wake Forest Law Review (2011)
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Gary Williams
Evidence (West 2012)
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Lauren Willis
- When Nudges Fail: Slippery Defaults, 80 University of Chicago Law Review (forthcoming 2013)
- Evidence and Ideology in Assessing the Effectiveness of Financial Literacy Education, San Diego Law Review (2009), translated and republished in Korean as 금융교육의효과: 증거있나? 없나?, with a new Foreword to the Korean edition (Korean Investor Protection Association, 2012)
- Financial Education: Lessons Not Learned and Lessons Learned, in Life-Cycle Investing: Financial Education and Consumer Protection (Zvi Bodie et. al. eds 2012).
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Cyn Yamashiro
Kids, Counsel and Costs: An Empirical Study of Indigent Defense Services in the Los Angeles Juvenile Delinquency Courts, Criminal Law Bulletin (2012)
Loyola Law School
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