Digital Commons Network^™

“They Told Us We Were Safe”: An Analysis Of The Constitutionality Of Missouri’S Ban On Gender-Affirming Healthcare For Medicaid Recipients, Tory Davidson

Saint Louis University Law Journal

The current state of gender-affirming care in the United States hangs in a precarious balance. Though the medical community seems to agree that such care is critical in at least some cases, citizens’ perceptions of that necessity are far from unified. As of this publication, at least one case involving a state-sponsored ban on gender-affirming care for minors, United States v. Skrmetti, is pending before the United States Supreme Court. The arguments in that case have centered on whether denying hormonal treatments inconsistent with a child’s assigned sex, when the same treatments may be prescribed when consistent with a …

Beyond Hysteria: Prosecuting Women For Abortion Is More Likely Now Than Before Roe, Alison Mccarthy

Saint Louis University Law Journal

When Dobbs v. Jackson Women’s Health first overturned long-standing precedent protecting a woman's fundamental right to abortion, pro-choice leaders issued warnings about the possibility of prosecuting women for abortions. These concerns were dismissed as hysterical or as political theatrics because, in the past, women were rarely prosecuted for their own abortions. This note analyzes the history of illegal abortion before the Supreme Court’s ruling in Roe v. Wade to demonstrate that women were targeted, used as leverage against abortion providers, and sometimes arrested for their roles in the procedure. Further, this note argues that nationwide panic over gender roles, increasing …

Masthead

Saint Louis University Law Journal

No abstract provided.

Prosecuting Transnational Disinformation, Abdul Mahir Hazim

Saint Louis University Law Journal

Disinformation, along with related terms such as fake news and misinformation, has dominated U.S. media and public discourse over the past decade. It has emerged as a persistent and growing global threat to democratic societies, particularly the United States. Since the 2016 elections, authoritarian regimes and U.S. adversaries, including China, Russia, and Iran, have increasingly leveraged disinformation as a strategic tool to damage public trust in institutions, undermine political processes such as elections, and weaken public confidence in the healthcare system. These efforts are also designed to sow division and erode democratic governance. The breakthroughs in generative artificial intelligence further …

Profess, Apply, Pickle, And Trash: Four Legal Educators' Approaches To The Law, David Ray Papke

Saint Louis University Law Journal

Outsiders might assume that law professors at a given school teach their students all of the laws. But alas, an undertaking of that sort would be impossible. The laws are simply too numerous and variable to be presented in full. What law professors can and do convey, meanwhile, are approaches to the selected laws they might be teaching. After graduation from law school, many lawyers will hold onto and use their professors’ approaches for the rest of their professional lives.

A Comparative Analysis Of Third-Party Litigation Funding In The United States And The United Kingdom, Gary Myers

Saint Louis University Law Journal

Third-Party Litigation Funding (“TPLF”), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff’s pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent-fee agreement, this type of funding model enables a party to bring a lawsuit even if that party does not have the resources to pay the up-front costs of the litigation. The important difference is that the litigation funder is not counsel to a party in the case, and that TPLF …

The Past May Be Uncomfortable: Frick V. Stevens, The Protection Of Scholarly Inquiry, Knowledge, And A Free Society As A Retrospective And Salient Study For Our Time, Joshua E. Kastenberg

Saint Louis University Law Journal

The past may be “uncomfortable,” the Washington Post pointed out on July 1, 1966, before adding a far more serious observation: “[t]he suppression of history—which is to say the judgment of historians—is an incongruity of a free society.” A year earlier, Helen C. Frick sued Professor Sylvester K. Stevens in Pennsylvania’s Cumberland County Court of Common Pleas to prevent the publication of his recent history book, Pennsylvania: Birthplace of a Nation. She claimed that the book libeled her deceased father and caused her a loss of standing in the public’s estimation and emotional distress. Judge Clinton R. Weidner indicated …

Bitcoin As Federal Tax Payment: Historical Comparison And Modern Challenges, Haozheng Jiang

Saint Louis University Law Journal

On June 25, 2024, H.R. 8822 was introduced in the House, directing the Department of the Treasury to develop and implement a method for allowing the payment of certain federal taxes using bitcoin. Bitcoin, launched in 2009, is a cryptocurrency widely regarded as the first digital asset. It serves both as an investment vehicle and a medium of exchange for transactions. As cryptocurrencies have evolved from niche digital assets to globally traded commodities, their potential to integrate into formal financial systems, including for tax payments, has grown.

The Techcons, Chris Jay Hoofnagle

Loyola Consumer Law Review

Selling sometimes involves trickery. How should we decide what trickery is "swindling" versus ordinary "selling"? One method is elucidated in Yale Law Professor Arthur Leff's curious, lost-to-history book. In "Swindling and Selling: The Story of Legal and Illegal Congames", Leff showed how market structure is a powerful factor for distinguishing illegal confidence games ("congames") what he called "swindling" from legal "selling." Leff demonstrated how con artists weave narratives to convince marks they have a monopoly over some desirable asset. Con artists then manipulate marks to mistakenly believe they possess a monopsony over its capture.

This essay revisits Leff's mostly forgotten …

Vacillation Or Instability? The Fcc's Authority After Loper Bright, Eliot Merriner

Loyola Consumer Law Review

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Big Tech And Consumer Payments: The Good, The Bad, And The Unintended Consequences, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.

The Generation Of Maladies: The U.S. Tech Giants, David Vladeck

Loyola Consumer Law Review

No abstract provided.

Strengthening The Right To Accessible Web Sites For Consumers With Disabilities Through The Development Of A Clear Test For The Nexus Rule Under Title Iii Of The Americans With Disabilities Act, Jonathan Lazar

Loyola Consumer Law Review

Currently, most of the U.S. Federal disability rights laws expressly require accessible websites for people with disabilities, either in the statute or the regulation. There is one major exception: for websites of public accommodations under Title III of the Americans with Disabilities Act, the scope of accessibility coverage is determined by a combination of case law and agency interpretations, rather than expressly in the statute or regulations. To make it more complex, there is a three-way circuit split as to whether websites of public accommodations covered under Title III are required to have accessible websites. The predominant view in the …

The Perils Of Partisanship In Judicial Ethics: Analyzing Legislative Changes To The Membership Of The North Carolina Judicial Standards Commission, Kathryn Turk

North Carolina Law Review

No abstract provided.

Flexibility And Resilience Are Essential Legal Skills, Margie Alsbrook

Articles

The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just positive personality traits but essential legal skills that should be intentionally cultivated in law school curricula. By integrating adaptability into legal education—through emphasizing the evolving nature of law, incorporating interdisciplinary approaches, reshaping assessments, and fostering collaborative learning—law schools can better equip students to navigate an unpredictable future. Encouraging law students to embrace flexibility and resilience as a professional skill will not only enhance their long-term success but also …

Technique With Ideals: An Essay On Professional Identity And Cause Lawyering, Patrick Longan, Mark Brown

Articles

The accreditation standards of the American Bar Association Section on Legal Education and Admission require every school to "provide substantial opportunities to students for . .. the development of a professional identity." The standards include Interpretation 303-5, which provides guidance about what professional identity means for lawyers and how law schools should seek to shape the professional identities of their students: "Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and well-being …

Using Big Data To Dismantle Systemic Barriers: How Tracking Official Misconduct Can Foster Justice And Increase Accountability In The Criminal Legal System, Meagan R. Hurley

Articles

The U.S. criminal legal system is a vast and complex machine, long subject to public and scholarly scrutiny. The U.S. incarcerates more people than any other nation, holding an astonishing 1.9 million individuals behind bars. Of them, approximately eighty percent are indigent, and over sixty percent are racial minorities, despite these groups comprising a relatively small portion of the overall population. In this expansive system, which disproportionately targets minorities and the poor, it is unsurprising that justice is not always served: Human error and bias are nearly guaranteed to occur at some juncture. Experts estimate that about four percent of …

Doge's Matrix Structure And Presidential Power, Jason Marisam

Faculty Scholarship

At the start of his second term, President Trump created the Department of Government Efficiency (DOGE), a novel White House entity tasked with reshaping the federal bureaucracy. Far more than a traditional advisory commission, DOGE employed a matrix structure that embedded staff across executive agencies, establishing dual reporting lines to both agency heads and the White House. This essay argues that DOGE’s organizational design represents a structural innovation in presidential control and an evolution of the longstanding “czar” model. Drawing on organizational and principal-agent theories, the essay explores how the matrix structure enhanced the President’s capacity to monitor agency behavior, …

Nextgen Bar Success: A Student-Tested, Student-Approved Method For Completing Counseling Integrated Question Sets, Kari Milligan

Faculty Scholarship

Legal educators nationwide need to begin teaching students a method for completing Counseling Integrated Question Sets, a novel type of question the National Conference of Bar Examiners (“NCBE”) is introducing on the NextGen bar exam. Counseling Integrated Question Sets require students to answer a series of six multiple choice or short answer questions focused on client counseling or dispute resolution, as they work through an unfolding common fact pattern that also contains rules or elicits rules students have memorized.

Students who matriculated to law school in 2023 will need to answer Counseling Integrated Question Sets in order to obtain their …

Ditching Deference: Redefining Particular Social Groups In The Wake Of Loper Bright, Claire E. Pellegrin

Emory Law Journal

Thousands of individuals flee gang-related violence and seek asylum in the United States every year. Many of these asylum seekers claim they suffer persecution because of their membership in a “particular social group” targeted by the gang’s brutality. Left undefined in the 1951 Refugee Convention, “social group” is interpreted by U.S. immigration agencies in an increasingly restrictive manner. Over the years, the Board of Immigration Appeals has adopted a three-part test for social group membership, and using these criteria, immigration courts often deny social groups based on opposition to gang recruitment. Thus, the United States is at odds with prevailing …

How Theories Of Art Can Inform Debates About Ai, Jessica Silbey

Emory Law Journal

Debates about artificial intelligence (AI) tend to swing between the optimistic and the apocalyptic. I propose a less binary approach that frames conversations about AI from the perspectives of theories of art and creativity. Whether we agree that AI is artificial or intelligent, whether it should be constrained or liberated, we cannot deny its influence on literary, artistic, and innovative production. AI may be described as simply a new tool to produce art and science, like the camera or the microscope, or it may transform and reshape art and science, the way the internet transformed global communication. Either way, these …

Masthead, Volume 75 Issue 3 (2025)

Case Western Reserve Law Review

No abstract provided.

True Threats And The Neuroscience Of Fear, Paul E. Mcgreal

Case Western Reserve Law Review

No abstract provided.

The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber

Case Western Reserve Law Review

No abstract provided.

Agencies, Appropriations, And Abortions: The Use Of Federal Funds In The Post-Dobbs World, Nathaniel Gray Sommers

Case Western Reserve Law Review

No abstract provided.

Deepfakes, Deep Skepticism, And The Privacy Dividends Of A Default Of Distrust, Marc Jonathan Blitz

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Kevin C. Mcmunigal, Michael Scharf

Case Western Reserve Law Review

No abstract provided.

Waive Goodbye To Corporate Accountability? Reforming The Federal Arbitration Act To Protect Consumers With Small-Value Claims, Matthew Matolka

Case Western Reserve Law Review

No abstract provided.

Under The Influence: Duties, Deception, Disclosures, And Due Diligence Of Social Media Influencers, Arianna Kiaei

Washington and Lee Law Review

The encroachment of social media into the daily lives of society reflects a major shift in consumer behavior. As social media moves from providing platforms of narrow connectivity among friends and family to social connection beyond one’s personal network, novel channels are being formed for consumers to absorb and share information. It opens opportunity for corporations to market their products beyond traditional methods and establishes the “influencer” sharing personal thoughts and recommendations on such products.

Social media’s immense purchasing power has a direct effect on the decision-making processes of individuals and the profit margins of corporations, and thus, the capacity …