Law Commons^™

Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei

Saint Louis University Journal of Health Law & Policy

A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.

A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …

Teaching Business Immigration: The Law And The Reality, Da'niel Rowan

Saint Louis University Law Journal

No abstract provided.

Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton

Saint Louis University Law Journal

No abstract provided.

Common Sense Recommendations For The Application Of Tax Law To Digital Assets, Linda M. Beale, Jeremy Bearer-Friend, Jennifer Bird-Pollan, Samuel D. Brunson, Luís Calderón Gómez, Bryan Camp, Adam Chodorow, Mark Cochran, Lin William Cong, Matthew Foreman, Phil Gaudiano, I. Richard Gershon, Nathan C. Goldman, Jillian Grennan, Megan Justice, Young Ran (Christine) Kim, Herbert I. Lazerow, Tao Li, Lawrence Lokken, Omri Y. Marian, Orly Mazur, Stephanie Hunter Mcmahon, Tyler Menzer, Matt Metras, Ann M. Murphy, Henry Ordower, Amanda Parsons, Daniel Rabetti, Alex Raskolnikov, Tracey M. Roberts, Kerry A. Ryan, Edward A. Zelinsky

All Faculty Scholarship

In response to the Joint Committee on Taxation’s July 2023 request for comments on application of various Internal Revenue Code sections on digital assets, we propose a consistent set of rules to apply current law to digital assets. We highlight that the underlying economics and characteristics of transactions should be the primary concern for the application of rules and the valuation of digital assets. We believe any digital asset rules should (1) treat classes of digital assets with unique characteristics differently based on their economics, (2) minimize incentives for users to engage in tax-motivated structuring of transactions, and (3) allow …

International Application Of Cfaa: Scraping Data Or Scraping Law?, King Fung Tsang

Saint Louis University Law Journal

Web scraping has resulted in a growing number of civil litigations internationally, including claims under the Computer Fraud and Abuse Act (“CFAA”) in the United States. With the Supreme Court’s first ever decision on the CFAA, in Van Buren v. United States, and its granting of LinkedIn’s petition for certiorari in June 2021, the CFAA is expected to attract even more interest among scholars and practitioners. However, little attention has been given to its cross-border ramifications. Cases show that U.S. courts are more than willing to apply the CFAA extraterritorially, even though their analyses are often flawed. In addition, …

Fake News & International Criminal Law, Sara L. Ochs

Saint Louis University Law Journal

In a decade defined by fake news, nations have weaponized disinformation to attack political, legal, and social systems throughout the world. Specifically, in recent years, government leaders have spread fake news about the International Criminal Court (“ICC”) in efforts to turn public opinion against the ICC and deter its attempts to investigate and prosecute controversial cases. Given the ICC’s reliance on state party cooperation, not only does this use of fake news hamper the Court’s likelihood of successfully prosecuting crimes that are of most concern to the international community, but it also promotes a version of history that denies victims …

Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra

All Faculty Scholarship

Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage …

Protecting The Rights Of People With Disabilities, Elizabeth Pendo

All Faculty Scholarship

One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of under-served racial and ethnic groups with disabilities experience greater disparities in health status and access …

Smarter Law Study Habits: An Empirical Analysis Of Law Learning Strategies And Relationship With Law Gpa, Jennifer M. Cooper, Regan Gurung

Saint Louis University Law Journal

Non-empirical law school study advice that emphasizes reading and briefing cases and memorizing rules, without frequent self-testing and formative self-assessment leads to a “law school learning trap.” Law students fall into a law school learning trap by focusing on memorization of cases and rules for class preparation, putting off “practice” application of the law as exam preparation. Law students and legal educators misjudge the power of testing as a learning tool, and instead rely on non-empirical, anecdotal resources to guide law student study methods.

A legal educator teamed up with an educational psychologist with a particular interest in pedagogical psychology, …

The Rule Of Law, Democracy, And Obedience To Law, Colleen Murphy

Saint Louis University Law Journal

No abstract provided.

Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon

Saint Louis University Law Journal

No abstract provided.

Missouri’S Svp Law: Time For A Change?, Sam Newman

Saint Louis University Law Journal

No abstract provided.

Access To Capital Or Just More Blues? Issuer Decision-Making Post Sec Crowdfunding Regulation, Patricia Hureston Lee

All Faculty Scholarship

Crowdfunding is an alternative for Issuers seeking funds for their businesses. On October 2015, the Securities Exchange Commission (SEC) released final crowdfunding regulations that became effective May 20162 as a charge of the Jobs Act, Title III (the “Crowdfund Act”). Issuers can now secure crowdfunded investments without a securities registration.

This article evaluates investment-based crowdfunding from the perspective of one group that has been neglected from the crowdfunding scholarship — Issuers that seek financing under this new framework. In Section I, the author summarizes the new crowdfund regulations, which create a new financing opportunity vastly different from previous types of …

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Saint Louis University Law Journal

No abstract provided.

Law And The Fog Of Healthcare: Complexity And Uncertainty In The Struggle Over Health Policy, Paul Starr

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Collaboration And Community: The Labor Law Group And The Future Of Labor And Employment Casebooks, Matthew T. Bodie

Saint Louis University Law Journal

No abstract provided.

A Holistic Approach To Teaching Work Law, Marion Crain, Pauline T. Kim

Saint Louis University Law Journal

No abstract provided.

One Language, Many Realities: An Interpretation Of Language, Law, And Section 215(A)(3) Of The Fair Labor Standards Act, Julie L. Newman

Saint Louis University Law Journal

No abstract provided.

Military Commissions: A Place Outside The Law’S Reach, Janet Cooper Alexander

Saint Louis University Law Journal

No abstract provided.

The Natural And The Familiar In Politics And Law, Michael R. Dimino

Saint Louis University Law Journal

No abstract provided.

Teaching And Learning The Law Of Boats, Robert Anderson Iv

Saint Louis University Law Journal

No abstract provided.

Headline Kidnappings And The Origins Of The Lindbergh Law, Barry Cushman

Saint Louis University Law Journal

No abstract provided.

Law And The Stable Self, Rebecca Hollander-Blumoff

Saint Louis University Law Journal

No abstract provided.

The Role Of Law In Economic Markets: Recent Cases Of The European Court Of Justice In Employment Law, Rolf Wank

Saint Louis University Law Journal

No abstract provided.

Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian

Saint Louis University Law Journal

No abstract provided.

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Saint Louis University Law Journal

No abstract provided.

The Body Of The Mind: Embodied Cognition, Law, And Justice, Adam Benforado

Saint Louis University Law Journal

No abstract provided.

Teaching Indian Law, Lindsay G. Robertson

Saint Louis University Law Journal

No abstract provided.

Transsexual Law Unconstitutional: German Federal Constitutional Court Demands Reformation Of Law Because Of Fundamental Rights Conflict, Gregory A. Knott

Saint Louis University Law Journal

No abstract provided.

Informal Homeownership In The United States And The Law, Heather K. Way

Saint Louis University Public Law Review

No abstract provided.