Law Commons^™

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

Saint Louis University Law Journal

No abstract provided.

Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal

Saint Louis University Law Journal

No abstract provided.

Examining Sociodemographic Data Reporting Requirements In State Disease Surveillance Systems, Samantha Bent Weber, Amanda Moreland, Rachel Hulkower, Tara Ramanathan Holiday

Saint Louis University Journal of Health Law & Policy

Law plays an important role in the collection of data related to disease and injury in a population. A robust system of laws sets out requirements for the collection, analysis, and dissemination of disease reporting data from local, state, territorial, and federal public health institutions. Occurrence of disease, including outbreaks of novel infectious agents like coronaviruses, influenza viruses, and others that have arisen in recent years, often require epidemiologists and others to understand not only the etiology and specific context of diseases and conditions, but also the trajectory of their spread among and across communities. Capturing sociodemographic data is critical …

State Peer Review Laws As A Tool To Incentivize Reporting To Medical Boards, Nadia N. Sawicki

Saint Louis University Journal of Health Law & Policy

State medical boards have been stymied in their ability to take disciplinary action against physicians who engage in serious misconduct, in part because hospitals and other health care organizations rarely report such misconduct. This Article offers a proposal for incentivizing hospital reporting of physician misconduct, inspired by an existing but flawed model in the federal Health Care Quality Improvement Act. This Article proposes that state legislatures link state medical practice act reporting requirements with state laws establishing an evidentiary privilege for peer review activities.

The Mystery Of The State And Sovereignty In International Law, Oleksandr Merezhko

Saint Louis University Law Journal

No abstract provided.

State And Local Workers’ Rights Innovations: New Players, New Laws, New Methods Of Enforcement, Terri Gerstein

Saint Louis University Law Journal

This article describes and analyzes the considerable surge in state and local government activity protecting workers in recent years. It situates this growth in state and local action as a response to degradation of working conditions resulting from longstanding economic, political, and legal trends, and the resulting worker organizing to counter those trends. It also positions this burgeoning activity as a reaction to challenges at the federal level, including rollbacks and worker-hostile policies by the Trump administration, as well as gridlock in Congress.

The article frames the uptick in state and local worker protection activity within three specific categories: new …

The Role Of Religion In State Public Accommodations Laws, Elizabeth Sepper

Saint Louis University Law Journal

In this Article, I provide a comprehensive account of the role of religion in public accommodations laws. I analyze public accommodations statutes across the fifty states, identify their boundaries, and categorize their religious exemptions. In so doing, I interrogate and debunk misconceptions widely held even by legal scholars that: the Civil Rights Act is a representative public accommodations law; antidiscrimination obligations of retail establishments and social service providers are unusual or new; exemptions for religious entities or small businesses are common; and public accommodations laws have as their central aim remedying market exclusion.

Part I sets out the basic framework …

The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg

Saint Louis University Public Law Review

No abstract provided.

When, Where And Why The First Amendment Protects The Right To Record Police Communications: A Substantial Interference Guideline For Determining The Scope Of The Right To Record And For Revamping Restrictive State Wiretapping Laws, Justin Welply

Saint Louis University Law Journal

No abstract provided.

Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown

Saint Louis University Public Law Review

No abstract provided.

Chamber Of Commerce V. Whiting And The Future Of State Immigration Laws, Gregory Delassus

Saint Louis University Law Journal

No abstract provided.

The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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 …

The Delinquent State: Illinois And Compliance With Workers’ Compensation Judgments, Michelle M. Rich

Saint Louis University Law Journal

No abstract provided.

Arista Records V. Launch Media: An Analysis Of The Second Circuit’S Ruling On Webcast Interactivity And A Look At The Current And Future State Of Interactive Webcasting Technology, Michael P. Kella

Saint Louis University Public Law Review

No abstract provided.

Modernizing State Voting Laws That Disenfranchise The Mentally Disabled With The Aid Of Past Suffrage Movements, Nicholas F. Brescia

Saint Louis University Law Journal

No abstract provided.

Scaling The Wall Between Church And State: Confronting Issues Of Equality Stemming From Financing Religiously Affiliated Universities Under Dual Federalism, Jennifer L. Kawicki

Saint Louis University Law Journal

No abstract provided.

Democracy And The Secretary: The Crucial Role Of State Election Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Friedrichs Benson

Saint Louis University Public Law Review

No abstract provided.

Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek

Saint Louis University Journal of Health Law & Policy

No abstract provided.

State And Comparative Constitutional Law Perspectives On A Possible Post-Roe World, Stephen Gardbaum

Saint Louis University Law Journal

No abstract provided.

The Ubiquitous False Claims Act: The Incongruous Relationship Between A Civil War Era Fraud Statute And The Modern Administrative State, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Eagleton In Missouri: The Record In Local And State Office, James J. Murphy

Saint Louis University Law Journal

No abstract provided.

Constitutional Challenges To State Education Finance Distribution Formulas: Moving From Equity To Adequacy, R. Craig Wood

Saint Louis University Public Law Review

No abstract provided.

Buckley V. American Constitutional Law Foundation: Can The State Preserve Direct Democracy For The Citizen, Or Will It Be Consumed By The Special Interest Group?, Ryan K. Manger

Saint Louis University Public Law Review

No abstract provided.

The Federal False Claims Act: Can Whistle Blowers Reach State And Local Tax Dollars?, John R. Hellow, Stacie K. Neroni

Saint Louis University Law Journal

No abstract provided.

The Constitutionality Of Federal Preemption Of State Taxation Of Internet Transactions, Charles P. Gray Jr.

Saint Louis University Public Law Review

No abstract provided.

Quality Education Results From State And Local Innovations, Governor Terry E. Branstad

Saint Louis University Public Law Review

No abstract provided.

The Role Of The Federal Government In Education – Supporting A National Desire For Support For State And Local Education, U.S. Secretary Of Education Richard W. Riley

Saint Louis University Public Law Review

No abstract provided.