Loyola University Chicago, School of Law: LAW eCommons
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The Compensation for Victims of Disasters in Belgium, France, Germany, and the Netherlands
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Antitrust Analysis of NOPEC Legislation
Full text linkThis Article analyzes the proposed No Oil Producing and Exporting Cartels Act of 2019 (NOPEC). This legislation, which was introduced in the United States Senate and House of Representatives, addresses the antitrust issues involved in suing the Organization of the Petroleum Exporting Countries (OPEC), their member states and their state owned oil companies (SOEs), other states and their SOEs, and private companies for their participation in an international cartel that has long been involved in regulating the production and distribution of oil and other petroleum products. It is our view that this proposed legislation provides a relatively moderate approach to applying U.S. antitrust law to the activities of the likely participants in this cartel. The legislation does not completely cure all the legal problems, but it does remove substantial roadblocks that have allowed this cartel to operate in disregard of U.S. antitrust law
The Best We Can Be: How Toxic Masculinity Creates a Second Inescapable Situation for Inmates
Full text linkToxic masculinity is a concept that has been in modern society for some time now. However, the recent release of the controversial Gillette razor commercial has sparked an uptick in discussions, from those who lauded the company for addressing the negative traits often associated with traditional masculinity to those who felt as though the company was unfairly targeting masculinity altogether. Regardless of where one falls on the debate, there is no denying the need for conversation. One point of discussion is what areas of our society embody these traits the most? An area that may be less intuitive are prisons and the criminal justice system. According to a study released by the Bureau of Justice Statistics in 2016, there were 1,395,141 male prisoners under the jurisdiction of state or federal correctional authorities compared to 111,616 female prisoners. The disparity of male prisoners to female prisoners has led a few to conclude that incarceration is not an equal opportunity punishment. Not only that, but the rate of men incarcerated in the United States could make traits of toxic masculinity more prevalent. This article will explore why this may be the case and why the negative effects of hegemonic masculinity on inmates have not been addressed
Paying for Gun Violence
Full text linkGun violence is an outsized problem in the United States. Between a culture that allows for relatively unconstrained firearm ownership and a constitutional provision that ensures that ownership will continue to be relatively unchecked, it has proven virtually impossible for politicians to address the problem of gun violence. And yet, gun violence costs the United States tens of billions of dollars or more annually. These tens of billions of dollars are negative externalities — costs that gun owners do not bear themselves, and thus that are imposed on the victims of violence and on taxpayers generally.
What can we do about these costs? One way to reduce them would be to pass meaningful laws, laws that would reduce the likelihood of gun violence. In light of both the culture and the Constitution of the United States, though, such legislation seems improbable. Lawmakers face significant limitations on their ability to regulate firearms directly. If they cannot prevent gun violence, though, they can at least cause gun owners to internalize the costs. Where direct regulation is difficult, they can turn instead to a Pigouvian tax.
In this Article, I propose a Pigouvian tax on firearms. The tax would be a hybrid excise tax and property tax, imposed at the state or local level. Legislatures would set tax rates that roughly approximated the amount of externality that gun violence created in their jurisdiction, and would use the revenue to reimburse individuals and governments for the costs they bore from gun violence. Such a tax would have little problem passing the constitutional muster, and, while it might have little behavioral impact, at least it would serve the interim purpose of making society financially whole, and requiring gun owners to bear a larger percentage of the costs of gun ownership
Just Another School: The Need to Strengthen Legal Protections for Students Facing Disciplinary Transfers
No full textOver the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue that state and school district policies should expressly limit the use of alternative school transfers as part of overall strategies to reduce the use of exclusionary discipline practices. Like suspension and expulsion, disciplinary placements in alternative schools can have devastating consequences for students. Alternative schools are often further from the student\u27s home and are more likely to have high concentrations of peers with high risk factors and negative behaviors. Students who are removed from their neighborhood school to an alternative school for disciplinary reasons are separated from their friends and teachers and need to begin completely new classes in an entirely different school setting, often in the middle of the school year. Student mobility, including mobility as a result of alternative school placements, is associated with negative results that include reduced academic achievement, reduced likelihood of graduation on time, fewer years of schooling, increased risk of depression, and increased likelihood of arrest as an adult. The paper will review social science research and data surrounding disciplinary transfers. It will also explore the legal protections governing alternative school placements for disciplinary purposes. As a case study, the paper will highlight lessons learned from implementation of a recent Illinois school discipline reform law, a large-scale overhaul to existing disciplinary provisions and one of the first of its kind across the country. Lastly, the paper will highlight recommendations to limit the use of alternative school transfers for disciplinary reasons
Mormon Profit: Brigham Young, Tithing, and the Bureau of Internal Revenue
No full textSince the enactment of the modern federal income tax, churches have been exempt from taxation. But that exemption is neither necessary nor inevitable. In fact, at the end of the 1860s, the Bureau of Internal Revenue decided that tithing received by the Mormon church was taxable under the Civil War income tax. At the time, Mormons distrusted the federal government and the federal government, in turn, distrusted the Mormons. The question of taxation was a small part of a larger legal and existential battle between the Mormons and the government. This Article situates the question of the taxability of tithing in the broader legal and relational conflict. More important, it tells the story of how the income tax threatened to fundamentally change the Mormon church and how Mormon leaders reacted to that threat, both with increasingly sophisticated legal arguments and, in the event their legal argumentation failed, with plans to take the tax law into account
Regulating Through Financial Engineering: The Office of Financial Research and Pull of Models
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Civic Ignorance and Democratic Accountability
No full textThere is growing recognition that Americans’ diminished civic participation and the erosion of democratic norms are linked to low levels of civic literacy, defined as a basic understanding of the structures and values of American Constitutional government. This Essay considers the evidence for that link and the importance of civic education in a diverse society