Law Commons^™

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

Saint Louis University Law Journal

No abstract provided.

How Do You Teach Immoral Laws?, Nicole Hallett

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Certiorari In The Roberts Court, Tejas N. Narechania

Saint Louis University Law Journal

No abstract provided.

The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson

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.

The New Judicial Power Grab, Josh Chafetz

Saint Louis University Law Journal

No abstract provided.

Consequentialist Retribution’S Real-World Ramifications And How It Impacts Judicial Credibility, Mikayla J. Lewison

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

“With Friends Like These . . . .” Doctors And Nurses Criticizing Co-Employed Colleagues. Are These Criticisms Admissible As Vicarious Opposing Party’S Statements?, Marc D. Ginsberg

Saint Louis University Law Journal

Healthcare provider incivility includes non-collegial conduct such as physicians criticizing co-employed physicians when speaking with patients. This conduct is, obviously, disruptive, and does not help to establish productive, collegial, employee relationships.

Additionally, this incivility may have evidentiary consequences in medical/hospital negligence litigation. If the healthcare providers are employed by a hospital or other healthcare organization, the criticisms of co-employed colleagues which are communicated to patients may be admissible against the employer in medical/hospital negligence litigation as vicarious opposing party’s statements. This paper explores this evidentiary curiosity.

Legitimacy Without Legality, Or Bassok

Saint Louis University Law Journal

Beyond the controversy on women’s right to elect an abortion, in Dobbs v. Jackson there is a deep yet hidden disagreement over the Court’s source of legitimacy. The majority judgment speaks of the Court’s source of legitimacy in terms of expertise, while the dissenting opinion speaks of it in terms of public support. My starting point for exposing this disagreement is the divergence between the accurate quote of Alexander Hamilton’s famous dictum from the Federalist No. 78 in Justice Alito’s majority opinion, and dissenting Justice Breyer’s paraphrase of the same dictum in the Dobbs oral arguments. The paraphrased version replaced …

The Marketplace Of Ideas Is In Chaos. Chaos Theory Would Like A Word, Jared Schroeder

Saint Louis University Law Journal

The marketplace of ideas is the Supreme Court’s dominant tool for rationalizing expansive First Amendment safeguards. The model, however, is fundamentally flawed. Enlightenment-based assumptions about truth and human rationality that justices installed into the theory’s foundations have been criticized by scholars and, in the era of powerful algorithms and generative AI, are becoming even more suspect. The space is in a state of chaos. Perhaps chaos theory can help. The theory provides a lens through which to revise marketplace theory and therefore re-examine First Amendment free-expression rationales. Chaos theory identifies that Enlightenment-era positivistic, reductionist thinking fails to account for variables …

Prada Bag Or Fraud-A Bag: The Impacts Of Knockoffs And Counterfeits On The Fashion Industry, Miranda Nolan

Saint Louis University Law Journal

Fashion is both inherently utilitarian and ultra-creative at the same time and exists in a gray area in terms of legal protection. Some aspects of fashion are protectable by various aspects of intellectual property. For example, trademark law can protect the logo on a bag. However, fashion as a whole does not fit squarely in any intellectual property protection available in the United States, which allows knockoffs to be legally allowed. This Note provides a comprehensive analysis of the intellectual property protections available in the United States to certain aspects of fashion and what types of copying and inspiration-taking expands …

Teaching Racial And Social Justice In The Immigration Law Survey Course, Kevin R. Johnson

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

What Cash Bail Left Behind: St. Louis’ Bail System, Three Years After Reform, Brianna Coppersmith

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

A New Tool In Police-Civilian Mediations: Conflict Coaching And Its Potential Benefits, Beatrice Connaghan

Saint Louis University Law Journal

Communities across the country have implemented mediation programs as an alternative dispute resolution process for civilian complaints against police officers. These programs vary from state to state, but certain challenges exist in each, such as ensuring neutrality, encouraging participants to engage fully in the mediation, and navigating subconscious biases held by officers and civilians. In response to these issues, this article considers whether conflict coaching opportunities within these programs have the potential to improve their effectiveness in resolving disputes and better support mediation participants. Conflict coaching is an emerging conflict navigation tool and thus there is limited research on its …

Status To Be Determined: Analyzing Indian Status Within The General Crimes Act In A Post-Castro-Huerta Landscape, Joshua Zoeller

Saint Louis University Law Journal

The General Crimes Act, codified at 18 U.S.C. § 1152, is an older statute that pertains to federal criminal jurisdiction over crimes committed in Indian Country. The General Crimes Act is limited in scope as it only applies to cases where the alleged perpetrator of the crime is not a Native American but the victim is determined to be a Native American. But who decides how to label each party as “Indian” or “non-Indian” (to borrow language used in the courts)? And is ‘Indian status’ an element of the statute that the prosecution must prove or is it reserved for …

Brief Amici Curiae Legal Scholars Of Sex And Gender In Support Of Plaintiff-Appellant, Kyle Velte, Ezra Young, Jeremiah A. Ho, M. Dru Levasseur, Nancy C. Marcus, Dara E. Purvis, Eliot Tracz, Ann E. Tweedy

All Faculty Scholarship

This amicus brief was filed in Griffith v. El Paso County, Colorado, case no. 23-1135 (10th Circuit) in support of appellant Darlene Griffith. Amici curiae are legal scholars of sex and gender. They offer
expertise in their personal capacities to assist the Court of Appeals for the Tenth Circuit in assessing whether the El Paso County Sheriff officials violated Ms. Griffith’s Fourteenth Amendment right to equal protection when they refused to house Ms. Griffith, a transgender woman, in the women's unit of the El Paso County Jail as a pretrial detainee.

Is It Really A Man’S World? Using Real-Life Negotiations To Reframe The Negotiation Gender Gap, Michael Conklin, Roya Choupani, Erdoğan Doğdu

Saint Louis University Law Journal

Much has been written regarding the gender negotiation gap. However, the existing literature frequently involves only hypothetical negotiations where the participants do not experience the effects of the negotiation as one would in real life. This first-of-its-kind study utilizes a dataset of over 1,000 negotiations from the television show Pawn Stars to analyze the role gender plays in negotiations. Negotiation best practices analyzed in this study include the willingness to walk away from the negotiation, use of a counteroffer, use of objective language, and the implementation of cognitive anchoring by making extreme initial offers. The results shed light on traditional …

Public Health Product Hops, Michael S. Sinha

All Faculty Scholarship

Pharmaceutical product hops are anticompetitive maneuvers that often represent a last-ditch effort by brand manufacturers to preserve market share in the face of generic competition. An integral part of product life cycle management strategies, product hops may offer marginal benefits to patients but can substantially increase costs to payers and patients alike. Yet industry advocates maintain that this is essential follow-on research and development, resulting in the development of novel products that would otherwise never reach the market.

Is there a middle ground between these two diametrically opposed views? Might certain product hops be considered beneficial, perhaps if they furthered …

Towards The Abolition Of The Immigration Detention Of Children In The United States, Lauren E. Bartlett

All Faculty Scholarship

For over a decade, international human rights mechanisms have been calling for the prohibition of the detention of children based solely on immigration status. Human rights experts agree that the detention of children for immigration purposes is never in the best interests of the child, it leads to long-term harm, and it is a clear human rights violation. Until recently, the United States has detained hundreds of thousands of migrant children in cages each year and we have still not outlawed the inhumane practice. This article argues that engaging with international human rights mechanisms on this topic, including during the …

Preventing Gamesmanship: Bipa Class Action Litigation In The State And Federal Forums, Mary Fletcher

Saint Louis University Law Journal

No abstract provided.

The Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck

Saint Louis University Law Journal

No abstract provided.

Peer Review In Advanced Legal Writing Course, Patricia Montana

Saint Louis University Law Journal

This Article adds to the conversation about peer review, discussing specifically the numerous benefits peer review brings to an advanced legal writing course. The Article illustrates how to effectively integrate peer review into an advanced legal writing course. Peer reviews can support student learning and improve students’ legal analysis and writing, among other things. Thus, the Article encourages law professors to experiment with peer review exercises and incorporate them into their advanced legal writing courses.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Battle For Medicare, Isaac D. Buck

Saint Louis University Journal of Health Law & Policy

America is aging. From 2019 to 2060, the total population of Americans over sixty-five will grow from fifty-four million to ninety-five million. Of all Americans, sixteen percent were aged sixty-five and older in 2019; nearly twenty-two percent are projected to be in this age group by 2040. This shift will put unprecedented pressure on the Medicare program. Its enrollment is already in the midst of an unparalleled boom, growing from forty-eight million in 2010 to eighty-six million by just 2035. As it grows in importance and size, the future of Medicare will be dominated by two competing pressures.

First, Medicare …