Digital Commons Network^™

The Continued Need For The Voting Rights Act: Examining Second-Generation Discrimination, Jenigh J. Garrett

Saint Louis University Public Law Review

No abstract provided.

An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman

Saint Louis University Public Law Review

In Northwest Austin Municipal Utility District Number One v. Holder (“NAMUDNO”), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term’s most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called “bailout” from continued coverage under this provision. Even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground.

A revised bailout system is likely the best approach for …

Black And Brown Coalition Building During The “Post-Racial” Obama Era, Karla Mari Mckanders

Saint Louis University Public Law Review

No abstract provided.

A Dean Of Character, Joel K. Goldstein

All Faculty Scholarship

Jeff Lewis’s deanship will be remembered for the tangible contributions it made to the development of Saint Louis University School of Law (the School) and to the University of which it is an important part. The size of the faculty increased dramatically through entry-level and lateral hiring (the latter something rarely done before). More resources were made available to support faculty scholarly activities. The School intensified its commitment to clinical and practical skills training, the curriculum was expanded and arranged in a coherent manner to better prepare students for practice, and small-section classes were introduced. The School’s program centers were …

Making Globalism Work For Employees, Jeffrey M. Hirsch

Saint Louis University Law Journal

No abstract provided.

The Canadian Auto Workers-Magna International, Inc. Framework Of Fairness Agreement: A U.S. Perspective, Martin H. Malin

Saint Louis University Law Journal

No abstract provided.

Teaching Employment Discrimination, Angela Onwuachi-Willig

Saint Louis University Law Journal

No abstract provided.

Activating Systemic Change Toward Full Participation: The Pivotal Role Of Boundary Spanning Institutional Intermediaries, Susan Sturm

Saint Louis University Law Journal

No abstract provided.

A Man With A Vision And The Skills To Make It Happen, Sandra H. Johnson

Saint Louis University Law Journal

No abstract provided.

A Tribute To Dean Jeff Lewis From Satisfied Customers, Michael A. Wolff

Saint Louis University Law Journal

No abstract provided.

A Tribute To Dean Jeffrey E. Lewis, James P. White

Saint Louis University Law Journal

No abstract provided.

The Man For This Season (1999–2010), Rudolph C. Hasl

Saint Louis University Law Journal

No abstract provided.

A Dean Of Character, Joel K. Goldstein

Saint Louis University Law Journal

No abstract provided.

The Promise Of International Tax Scholarship And Its Implications For Research Design, Theory, And Methodology, Diane Ring

Saint Louis University Law Journal

No abstract provided.

Shareholder Democracy And The Curious Turn Toward Board Primacy, Grant M. Hayden, Matthew T. Bodie

All Faculty Scholarship

Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should have more voice in corporate governance, in order to reduce agency costs and provide democratic legitimacy. A second set of theorists, described as “board primacists,” advocates against greater shareholder democracy and in favor of increased board discretion. These theorists argue that shareholders need to delegate their authority in order to provide the board with the proper authority to manage the enterprise and avoid short-term decision making.

In the last few years, the classical economic underpinnings of corporate law have been destabilized by a …

Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico, Daniel D. Stier, María Guadalupe Uribe Esquivel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Assessing The Impact Of Federal Law On Public Health Preparedness, Benjamin E. Berkman, Susan C. Kim, Lindsay F. Wiley

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Behavioral Decision Theory And Implications For The Supreme Court’S Campaign Finance Jurisprudence, Molly J. Walker Wilson

All Faculty Scholarship

America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as “speech” and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …

Diversity's Strange Career: Recovering The Racial Pluralism Of Lewis F. Powell, Jr., Anders Walker

All Faculty Scholarship

Though diversity remains a compelling state interest, recent rulings like Ricci v. DeStefano and Parents’ Involved toll a menacing bell for schools employing racial classifications to admit minority students. Yet, defenders of diversity may find refuge in original meanings, particularly the original meaning of diversity as articulated by Justice Lewis F. Powell, Jr. in Regents v. Bakke in 1978. Virginian by birth, Powell’s interest in “genuine diversity” coincided with a forgotten version of pluralism extant in the American South during thefirst half of the Twentieth Century. Further, Powell’s conviction that diversity distinguished America coalesced during a trip to the Soviet …

Back To Color Blindness: Recent Developments In Race Discrimination Law In The United States, Marcia L. Mccormick

All Faculty Scholarship

The United States has a long and somewhat conflicted history of espousing egalitarian values and yet tolerating a certain level of subordination of particular groups to a greater or lesser extent at the same time. Like many countries, it struggles with reconciling the goals of equality, pluralism, and liberty, and the balance has been struck differently at different times. In the current wave of such efforts, the Supreme Court is marking an increasingly formalist approach to the question of discrimination, while Congress appears to be pushing a slightly more substantive approach to discrimination. This short paper analyzes the Court’s recent …