Loyola University Chicago, School of Law: LAW eCommons
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Trade Associations, Information Exchange, and Cartels
No full textTrade associations can play a procompetitive role in an economy but, as an association of actual and potential competitors, can also raise important competition law issues that must be addressed carefully by legal counsel. This Issue Paper presents a hypothetical problem that illustrates many of the issues that counsel can confront in representing a trade association, its members, or company executives. The Issue Paper raises many of the issues from a United States’ perspective with occasional comparative examples from other jurisdictions. Carefully consider how your jurisdiction would, and should, address these all too real issues. In thinking about the competition law and best practices in your jurisdiction, also consider how the best legal advice possible will be subverted unless there is a true culture of compliance in the industry, enterprises, and employees in question
The Plan for Transformation: How a plan with lofty goals has underperformed and forever changed public housing in Chicago
No full textChoosing Medical Malpractice
Get PDFModern principles of patient autonomy and health care consumerism are at odds with medical malpractice law\u27s traditional skepticism towards the defenses of contractual waiver and assumption of risk. Many American courts follow a patient-protective view, exemplified by the reasoning in the seminal Tunkl case, rejecting any attempts by physicians to relieve themselves of liability on the grounds of a patient\u27s agreement to assume the risk of malpractice. However, where patients pursue unconventional treatments that satisfy their personal preferences but that arguably fall outside the standard of care, courts have good reason to be more receptive to such defenses. This Article fills an important gap in the scholarly debate about whether patients and physicians should be able to modify their default duties under tort law, demonstrating that two lines of rarely-acknowledged cases-- dealing with alternative therapies and Jehovah\u27s Witness blood refusals--lend support to the principle that patients who choose malpractice should be limited in their right to tort recovery