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Full-Text Articles in Law
The Supreme Court’S 2022-23 Access To Court Decisions, Sarah Somers, Abigail Coursolle, Sarah L. Grusin, Jane Perkins
The Supreme Court’S 2022-23 Access To Court Decisions, Sarah Somers, Abigail Coursolle, Sarah L. Grusin, Jane Perkins
Saint Louis University Journal of Health Law & Policy
The Supreme Court’s 2022–23 Term yielded significant decisions bringing about goals long-sought by conservatives. This debut Term for the first Black woman Justice also included some results welcomed by progressives, including decisions on voting rights, Native American sovereignty, and individual enforcement of Spending Clause enactments. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on those affecting access for low-income and marginalized litigants. We also look ahead to what the 2023–24 Term may bring for those seeking access to the courts.
The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson
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
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 Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck
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.
The Heat Is On: Will Climate Change Suits Pressure The Supreme Court To Evolve Its Federal Question Jurisdiction?, Katie Hoffecker
The Heat Is On: Will Climate Change Suits Pressure The Supreme Court To Evolve Its Federal Question Jurisdiction?, Katie Hoffecker
Saint Louis University Law Journal
No abstract provided.
Access To Court Cases From The Supreme Court’S 2020–2021 Term: The New Majority’S Debut, Sarah Somers, Jane Perkins, Abigail Coursolle, Sarah Grusin
Access To Court Cases From The Supreme Court’S 2020–2021 Term: The New Majority’S Debut, Sarah Somers, Jane Perkins, Abigail Coursolle, Sarah Grusin
Saint Louis University Journal of Health Law & Policy
Throughout the Supreme Court’s first term without Justice Ruth Bader Ginsburg, the Court issued only a few major opinions with respect to access to the Court for civil litigants, and it issued none that discarded major precedents. Yet, in several areas, the Court demonstrated an increasingly conservative bent and began to lay the groundwork for major changes. In this Article, we discuss selected opinions from the Court’s 2020–2021 term that may have an impact on access to the courts for individuals seeking to vindicate civil and constitutional rights. In particular, it focuses on cases that may affect access for low-income …
Election Law Originalism: The Supreme Court's Elitist Conception Of Democracy, Yasmin Dawood
Election Law Originalism: The Supreme Court's Elitist Conception Of Democracy, Yasmin Dawood
Saint Louis University Law Journal
No abstract provided.
Stretching Armstrong: How The Eighth Circuit Incorrectly Applied Supreme Court Precedent In Does V. Gillespie, Lauren E. Pair
Stretching Armstrong: How The Eighth Circuit Incorrectly Applied Supreme Court Precedent In Does V. Gillespie, Lauren E. Pair
Saint Louis University Journal of Health Law & Policy
Medicaid serves as an important source of health insurance for millions of Americans. One of the Act’s core tenants is the patient’s freedom to choose from any qualified and willing provider. This “freedom of choice” provision was eventually codified, and subsequent protections were put in place to protect a patient’s choice regarding family planning services. However, as states attempt to limit access to family planning services by severing their Medicaid contracts with Planned Parenthood, patients must rely on § 1983 to pursue relief in federal courts. Section 1983 provides a right of action for the violation of any federal right …
Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson
Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson
Saint Louis University Law Journal
No abstract provided.
Insider Trading In Flux: Explaining The Second Circuit’S Error In United States V. Newman And The Supreme Court’S Correction Of That Error In United States V. Salman, Taylor Essner
Saint Louis University Law Journal
No abstract provided.
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
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.
Apprendi-Land Opens Its Borders: Will The Supreme Court’S Decision In Southern Union Co. V. United States Extend Apprendi’S Reach To Restitution?, James M. Bertucci
Apprendi-Land Opens Its Borders: Will The Supreme Court’S Decision In Southern Union Co. V. United States Extend Apprendi’S Reach To Restitution?, James M. Bertucci
Saint Louis University Law Journal
No abstract provided.
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
Saint Louis University Law Journal
As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
Saint Louis University Law Journal
No abstract provided.
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
Saint Louis University Public Law Review
No abstract provided.
Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore
Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore
Saint Louis University Law Journal
No abstract provided.
Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung
Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung
Saint Louis University Public Law Review
No abstract provided.
Out On A Limb Without Direction: How The Second Circuit’S Decision In Fox V. Fcc Failed To Adequately Address Broadcast Indecency And Why The Supreme Court Must Correct The Confusion, Andrew Smith
Saint Louis University Public Law Review
No abstract provided.
Passing The Buck: How The Supreme Court Could Have Sidestepped The Impact Of Its Controversial Decision In Smith V. City Of Jackson, Paul Stoehr
Saint Louis University Law Journal
No abstract provided.
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
Saint Louis University Public Law Review
No abstract provided.
An Excess Of Methods: Identifying Implied Fundamental Rights In The Supreme Court, Robert C. Farrell
An Excess Of Methods: Identifying Implied Fundamental Rights In The Supreme Court, Robert C. Farrell
Saint Louis University Public Law Review
No abstract provided.
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Saint Louis University Public Law Review
No abstract provided.
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Saint Louis University Public Law Review
No abstract provided.
The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks
The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks
Saint Louis University Law Journal
No abstract provided.
Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston
Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston
Saint Louis University Public Law Review
No abstract provided.
Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr.
Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr.
Saint Louis University Law Journal
No abstract provided.
The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang
The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang
Saint Louis University Law Journal
No abstract provided.
Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen
Saint Louis University Law Journal
No abstract provided.
Drug Testing Those Crazy Chess Club Kids: The Supreme Court Turns Away From The One Clear Path In The Maze Of “Special Needs” Jurisprudence In Board Of Education V. Earls, Marcus Raymond
Saint Louis University Public Law Review
No abstract provided.
Party Poopers: The Supreme Court Overlooks The Party In Federal Election Commission V. Colorado Republican Federal Campaign Committee, Amanda G. Altman
Party Poopers: The Supreme Court Overlooks The Party In Federal Election Commission V. Colorado Republican Federal Campaign Committee, Amanda G. Altman
Saint Louis University Law Journal
No abstract provided.