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Articles 1 - 30 of 145
Full-Text Articles in Law
Implementing Health Reform At The State Level: Access And Care For Vulnerable Populations, John V. Jacobi, Sidney D. Watson, Robert Restuccia
Implementing Health Reform At The State Level: Access And Care For Vulnerable Populations, John V. Jacobi, Sidney D. Watson, Robert Restuccia
All Faculty Scholarship
The Affordable Care Act1 (ACA) promises to improve access to coverage and care for two vulnerable groups: low-income persons who are excluded by a lack of resources and chronically ill and disabled people who are excluded by the dysfunction of our existing insurance and care delivery systems. ACA’s sprawling provisions raise a wealth of implementation challenges that are exacerbated by the compromises required to move reform through Congress. In particular, the compromise between regulatory/public program advocates and advocates for private, market-driven programs requires thoughtful regulatory coordination between public and private health systems.
The anticipated increase in coverage is roughly …
Union Salts As Administrative Private Attorneys General, Michael C. Duff
Union Salts As Administrative Private Attorneys General, Michael C. Duff
All Faculty Scholarship
The legitimacy of union salting campaigns has been debated frequently and bitterly over the last several years. Salts, the agents of these campaigns, are professional union organizers who apply for, and sometimes obtain – often surreptitiously – employment with non-union employers in furtherance of union objectives. Although recent decisions of the National Labor Relations Board (NLRB), under the influence of the W. Bush administration, have erected administrative and legal roadblocks to the conduct of salting campaigns, it is likely that the “Obama Board” will revisit the issues surrounding them. This article argues that salts have served a legitimate function by …
Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff
Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff
All Faculty Scholarship
Invariably, in Wyoming, as in other states, the educational debate swirls around two topics: the extent to which school teachers’ unions influence educational policy, and the related, but distinct, question of whether teachers are unreasonably entrenched in their jobs through systems of “tenure.” These questions in turn are closely intertwined with the broader national debate over public employee unionism. In Wyoming, however, the broader debate is not at issue, a fact that will be revealed in this article through close scrutiny of the terms “union” and “tenure.”
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Table Of Contents
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Foreword, Robbie Hinz, Emma Schuering
Foreword, Robbie Hinz, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Penalty And Proportionality In Deportation For Crimes, Maureen Sweeney, Hillary Scholten
Saint Louis University Public Law Review
No abstract provided.
Taking Plea Bargaining Seriously: Reforming Pre-Sentence Reports After Padilla V. Kentucky, Gabriel J. Chin
Taking Plea Bargaining Seriously: Reforming Pre-Sentence Reports After Padilla V. Kentucky, Gabriel J. Chin
Saint Louis University Public Law Review
No abstract provided.
Introduction, Lynn S. Branham
Introduction, Lynn S. Branham
Saint Louis University Public Law Review
No abstract provided.
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Transporting Padilla To Deportation Proceedings: A Due Process Right To The Effective Assistance Of Counsel, Stephen H. Legomsky
Saint Louis University Public Law Review
No abstract provided.
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Saint Louis University Public Law Review
This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
Saint Louis University Public Law Review
No abstract provided.
Foreword, Lindsey R. Hammitt, Michelle L. Hinkl
Foreword, Lindsey R. Hammitt, Michelle L. Hinkl
Saint Louis University Public Law Review
No abstract provided.
A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson
A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson
Saint Louis University Public Law Review
No abstract provided.
The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt
The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt
Saint Louis University Public Law Review
No abstract provided.
Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff
Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff
Saint Louis University Public Law Review
No abstract provided.
“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth
Saint Louis University Public Law Review
No abstract provided.
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker
The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker
Saint Louis University Public Law Review
No abstract provided.
The Potential For State Attorneys General To Promote The Public’S Health: Theory, Evidence, And Practice, Lainie Rutkow, Stephen P. Teret
The Potential For State Attorneys General To Promote The Public’S Health: Theory, Evidence, And Practice, Lainie Rutkow, Stephen P. Teret
Saint Louis University Public Law Review
The Attorneys General of the 50 states have considerable legal authority to protect the public’s health, yet their role in the development of health policy is often under-appreciated or misunderstood. This article analyzes state Attorneys’ General current powers and provides a logic model that illustrates how the use of these powers can lead to the protection and promotion of the public’s health. The article then provides four brief case studies to demonstrate how state Attorneys General have used their varied powers to influence policy-making and benefit the public’s health. In addition, this article offers a roadmap for research that could …
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg
On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg
Saint Louis University Public Law Review
This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst of a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic …
The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri
The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri
Saint Louis University Public Law Review
With the start of same-sex marriage in New York, fifteen U.S. states and the nation’s capital now celebrate a form of homosexual union, whether marriage, civil union or domestic partnership. Litigants and scholars—both in favor of and opposed to these legal statuses—have routinely claimed that in the absence of state-level Defense of Marriage Acts, these relationships must be recognized by other states for the full range of purposes including adoption, health and welfare benefits, taxes, and alimony, unless those states have a public policy to the contrary. They claim this consequence follows because of the long-standing American legal rule that …
Engaging Law Students In Leadership, Faith Rivers James
Engaging Law Students In Leadership, Faith Rivers James
Saint Louis University Public Law Review
The new challenge of legal education is preparing civic-minded lawyers to assume leadership roles in their communities, law firms, the legal profession, and in the public square. Defined as the process of influencing and persuading others to achieve a common purpose, leadership describes the lawyers’ task with individual and organizational clients; considered as a characteristic of people in positions of power, lawyers often assume the mantle of leading organizations. Whether defined as process or position, lawyering involves leadership in the private sector or in the public realm.
This article considers the progressive structure of a comprehensive law and leadership program …
The Analytic Aposteriori And A New Understanding Of Substantive Due Process That Is Exhibited In The Lived Experiences Of Those Seeking To Marry Someone Of The Same Sex, Vincent J. Samar
Saint Louis University Public Law Review
No abstract provided.