Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan May 2023

How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan

SLU Law Journal Online

The rise of technology brought an increase in the number of "knockoff" fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.


Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann May 2023

Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann

SLU Law Journal Online

The recent Supreme Court decision of Dobbs v. Jackson Women's Health Organization raises many questions regarding the privacy of health data. In this article, Melissa Mann discusses some concerns that may arise with the use health applications to track personal data and potential privacy laws that could be enacted to protect these users.


Rethinking The Value Of Originalism, Tobias Gibson, Jakob Gibson, Matthew Trout May 2023

Rethinking The Value Of Originalism, Tobias Gibson, Jakob Gibson, Matthew Trout

SLU Law Journal Online

Originalism is one of many approaches to Constitutional interpretation that has evolved and changed from the time of its inception. In this article, Tobias Gibson, Jakob Gibson, and Matthew Trout discusses the disagreement between the application and interpretation of what originalism constitutes and mandates.


California Law Changes The Fashion Industry Furever: First Statewide Fur Ban Takes Effect This Year, Mikee Olegario Apr 2023

California Law Changes The Fashion Industry Furever: First Statewide Fur Ban Takes Effect This Year, Mikee Olegario

SLU Law Journal Online

On January 1st of this year, California made history in becoming the first to enact a statewide fur ban, prohibiting the sale of new clothing and accessories made of fur. This article explores the potential implications of the ban for the state, California's influence in the fashion industry, and the future of the fur industry for the rest of the nation. In this article, Mikee Olegario will use these factors to analyze how one state's bill could have a major impact on ethical fashion forever.


Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll Apr 2023

Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll

SLU Law Journal Online

The proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.


Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm Mar 2023

Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm

SLU Law Journal Online

There is a large potential impact of ChatGPT, an AI language processing model, on the legal industry. In this article, Grant Gamm highlights the various benefits and limitations of the new technology, while emphasizing ethical considerations that attorneys must keep in mind when using it. The article also touches on the broader issues of bias and "hallucinations" that can arise with AI tools and their potential impact on society. Overall, the article highlights the need for attorneys to maintain competence in technological advancements and be vigilant about ethical implications when adopting new tools like ChatGPT.


Upholding Longstanding Prohibitions On Firearm Possession Under Bruen, Mitchell Gordon Mar 2023

Upholding Longstanding Prohibitions On Firearm Possession Under Bruen, Mitchell Gordon

SLU Law Journal Online

The Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen has cast doubt on the constitutionality of federal firearms possession laws, such as the prohibition on felons possessing guns. This piece examines how one federal district court upheld a federal restriction on felon gun possession in the recent wake of the Bruen decision. In this article, Mitchell Gordon especially focuses on the historical facts and analysis that are now required under Bruen in order to uphold a governmental restriction on Second Amendment rights.


Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood Mar 2023

Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood

SLU Law Journal Online

Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.


Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard Mar 2023

Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard

SLU Law Journal Online

In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.


That’S It? Scrutinizing The Marshal Of The Supreme Court’S Role In An Investigation Within The Context Of 28 U.S.C. § 672, Josh Zoeller Feb 2023

That’S It? Scrutinizing The Marshal Of The Supreme Court’S Role In An Investigation Within The Context Of 28 U.S.C. § 672, Josh Zoeller

SLU Law Journal Online

In May 2022, the Dobbs v. Jackson Women’s Health Organization majority opinion was leaked to the news outlet POLITICO. Very quickly thereafter, Chief Justice Roberts ordered the Marshal of the U.S. Supreme Court to investigate who was responsible for the leak. In this article, Josh Zoeller scrutinizes the Marshal’s report on the investigation while providing background on the Marshal’s role at the Court and how the position is statutorily defined.


Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer Jan 2023

Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer

SLU Law Journal Online

On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.


Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek Jan 2023

Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek

SLU Law Journal Online

In June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.


Running A Different Route: How Youtube Tv Plans To Avoid Antitrust Violations, Brody Shea Jan 2023

Running A Different Route: How Youtube Tv Plans To Avoid Antitrust Violations, Brody Shea

SLU Law Journal Online

After reaching a deal this past December, YouTube TV is now the sole option for NFL Sunday Ticket subscribers. By providing out-of-market sports games in a bundled package, YouTube TV runs the risk of violating the Sherman Antitrust Act. In this article, Brody Shea addresses how YouTube TV can avoid future litigation.


At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall Jan 2023

At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall

SLU Law Journal Online

American parents have a right to homeschool their children, and it is only growing in popularity. Each state has the power to regulate homeschooling, and some do not regulate it at all. In this article, Christine Hall analyzes the practical application of Missouri's homeschooling statute and argues for a change in these regulations.


Re-Examining The Landscape Of Employee Drug-Testing In Missouri Post-Amendment 3, Paige Hume Jan 2023

Re-Examining The Landscape Of Employee Drug-Testing In Missouri Post-Amendment 3, Paige Hume

SLU Law Journal Online

In November 2022, Missouri residents voted to ratify Amendment 3 to the state constitution and make the recreational use of marijuana legal. Yet, Missouri is one of only a few states that does not have protections for private employment drug testing. In this article, Paige Hume discusses the landscape of employment drug testing in Missouri, as well as the impact of the new amendment on workers.