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Legalizing Midwifery In Missouri, Michael A. Wolff
Legalizing Midwifery In Missouri, Michael A. Wolff
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Two decades after the Missouri Supreme Court upheld an injunction against the practice of midwifery, two midwives became lobbyists for the cause and, with the remarkable cooperation of friendly legislators and lobbyists, got a provision inserted in a health bill legalizing the practice of tocology, a synonym for midwifery that went unnoticed by legislators who voted for the lengthy bill in which it was inserted. Medical associations sued to invalidate this "stealth" provision but their efforts failed when the Missouri Supreme Court declined to grant standing to the doctors to "protect" the interests of the public. Thirteen years later, the …
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
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This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …
Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger
Immaculate Defamation: The Case Of The Alton Telegraph, Alan M. Weinberger
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At the confluence of three major rivers, Madison County, Illinois, was also the intersection of the nation’s struggle for a free press and the right of access to appellate review in the historic case of the Alton Telegraph. The newspaper, which helps perpetuate the memory of Elijah Lovejoy, the first martyr to the cause of a free press, found itself on the losing side of the largest judgment for defamation in U.S. history as a result of a story that was never published in the paper—a case of immaculate defamation. Because it could not afford to post an appeal bond …
Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger
Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger
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Returning home from grocery shopping one evening last spring, a forty-two-year-old architect was killed in the presence of his wife and children on the street outside his St. Louis townhouse by a gunshot to the neck during an attempted carjacking.2 By the next morning, police had arrested and obtained a confession from a recently released parolee wearing an electronic ankle bracelet.3 Several homes in the neighborhood, previously considered to be generally free of serious crime, were listed for sale at the time of this incident. Human experience teaches that other homes are likely to be offered for sale in the …