This song was originally called "Theory of a Deadman." Ultimately, the band decided they liked the title so much that they used it as their band name. Bassist Dean Back explained to Music Interviews Now: "That was a song title off of our first record, now titled 'The Last Song,' and when we were recording the song for the record the title had changed and the song kind of changed as well, and we did not have a band name when the record company had signed us. So it was just one of those things where this phrase kept sticking out to us, so we took it for a band name."
"The Night Chicago Died" was written and recorded by the British group Paper Lace. They talk about Al Capone in the song, but got a lot of details wrong - understandable since they wrote it based on gangster movies.