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Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …


Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski Oct 2012

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

All Faculty Scholarship

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …


Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion, Kevin Outterson, Laura Hermer, Nicole Huberfeld, Elizabeth Weeks Leonard, Sara Rosenbaum, Sidney D. Watson May 2012

Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion, Kevin Outterson, Laura Hermer, Nicole Huberfeld, Elizabeth Weeks Leonard, Sara Rosenbaum, Sidney D. Watson

All Faculty Scholarship

The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.

The question presented is whether Congress may offer States generous additional funding for Medicaid, with …


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Drug-Drug Interaction Warnings As Technological Iatrogenesis, Nicolas P. Terry Jan 2012

Drug-Drug Interaction Warnings As Technological Iatrogenesis, Nicolas P. Terry

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support, M. Susan Ridgely, Michael D. Greenberg Jan 2012

Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support, M. Susan Ridgely, Michael D. Greenberg

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski Jan 2012

Drug-Drug Interaction Alerts: Emphasizing The Evidence, Sharona Hoffman, Andy Podgurski

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg, Ross Koppel Jan 2012

The Marginal Utility Of Marginal Guidance: Commentary On Too Many Alerts, Too Much Liability: Sorting Through The Malpractice Implications Of Drug-Drug Interaction Clinical Decision Support By M. Susan Ridgely And Michael D. Greenberg, Ross Koppel

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Clinical Decision Support And The Law: The Big Picture, David W. Bates Jan 2012

Clinical Decision Support And The Law: The Big Picture, David W. Bates

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Addressing Liability And Clinical Decision Support: A Federal Government Role, Jodi G. Daniel Jan 2012

Addressing Liability And Clinical Decision Support: A Federal Government Role, Jodi G. Daniel

Saint Louis University Journal of Health Law & Policy

No abstract provided.


On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond, Michael D. Greenberg, M. Susan Ridgely Jan 2012

On Optimizing Ddi Alerts And Liability Under Cds: The Authors Respond, Michael D. Greenberg, M. Susan Ridgely

Saint Louis University Journal of Health Law & Policy

No abstract provided.


To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers, Scott E. Yackey Jan 2012

To The Front Of The Line: Spurring Biotech Collaboration Through Patent Fast-Track Examination Vouchers, Scott E. Yackey

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Foreword, Jesse A. Goldner Jan 2012

Foreword, Jesse A. Goldner

Saint Louis University Journal of Health Law & Policy

No abstract provided.


How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field Jan 2012

How The Government Created And Sustains The Private Pharmaceutical Industry, Robert I. Field

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Data, Policies And Conflicts Of Interest In Research, Jeremy Sugarman Jan 2012

Data, Policies And Conflicts Of Interest In Research, Jeremy Sugarman

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Responsible Corporate Officer Doctrine: When Is Falling Down On The Job A Crime?, Kathleen M. Boozang Jan 2012

Responsible Corporate Officer Doctrine: When Is Falling Down On The Job A Crime?, Kathleen M. Boozang

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick Jan 2012

Risk And Responsibility: State Regulation And Enforcement Of The Direct-To-Consumer Genetic Testing Industry, Helen C. Dick

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin Jan 2012

Independent Clinical Trials To Test Drugs: The Neglected Reform, Marc A. Rodwin

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Another Madoff Masquerade?: Questioning “Securities Fraud” In The Crime And Its Cleanup, J. Scott Colesanti Jan 2012

Another Madoff Masquerade?: Questioning “Securities Fraud” In The Crime And Its Cleanup, J. Scott Colesanti

Saint Louis University Law Journal

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Law Journal

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Teaching Bush V. Gore As History, Richard L. Hasen Jan 2012

Teaching Bush V. Gore As History, Richard L. Hasen

Saint Louis University Law Journal

No abstract provided.


Teaching Election Law To Political Scientists, Bruce E. Cain Jan 2012

Teaching Election Law To Political Scientists, Bruce E. Cain

Saint Louis University Law Journal

No abstract provided.


Election Law: Too Big To Fail?, Chad Flanders Jan 2012

Election Law: Too Big To Fail?, Chad Flanders

Saint Louis University Law Journal

No abstract provided.


Teaching Elements Of Election Law Beyond The Disciplinary Borders Of “Election Law”, Frances R. Hill Jan 2012

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of “Election Law”, Frances R. Hill

Saint Louis University Law Journal

No abstract provided.


Examining Teacher Attitudes Toward Integration: Important Considerations For Legislatures, Courts, And Schools, Mark T. Keaney Jan 2012

Examining Teacher Attitudes Toward Integration: Important Considerations For Legislatures, Courts, And Schools, Mark T. Keaney

Saint Louis University Law Journal

No abstract provided.