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Saint Louis University Journal of Health Law & Policy

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Saint Louis University Journal of Health Law & Policy

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Foreword: Probing The Intersection Of Climate Change And Public Health, Ana Santos Rutschman

Saint Louis University Journal of Health Law & Policy

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Tribal Water Rights And Tribal Health: The Klamath Tribes And The Navajo Nation During The Covid-19 Pandemic, Robin Kundis Craig

Saint Louis University Journal of Health Law & Policy

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Pursuing Climate Justice: Learning The Lessons Of The Covid-19 Response, Lance Gable

Saint Louis University Journal of Health Law & Policy

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Meeting Water Affordability Challenges In The Era Of The Unexpected, Amy Hardberger

Saint Louis University Journal of Health Law & Policy

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Preventing Maternal Deaths: A Critical Feminist Approach To Maternal Mortality In The United States, Jemalyn Harvey

Saint Louis University Journal of Health Law & Policy

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Saint Louis University Journal of Health Law & Policy

No abstract provided.

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Saint Louis University Journal of Health Law & Policy

No abstract provided.

Post-Pandemic, But Not Post-Racial, Courtney Lauren Anderson

Saint Louis University Journal of Health Law & Policy

The Fair Housing Rights Act and the Voting Rights Act have had measurable success in providing opportunities to address intentional discrimination in housing and voting contexts. Plaintiffs with evidence of direct illegalities have clear frameworks under which justice may be sought, and both Acts provide a path for relief upon violations of housing and voting rights because of one’s membership in a protected class. However, the disparate impact theories that are cognizable under both Acts have been scrutinized for lackluster results. Practitioners and academicians have written about and experienced the difficulties plaintiffs face in successfully proving that a particular housing …

Immigration Reforms As Health Policy, Medha D. Makhlouf, Patrick J. Glen

Saint Louis University Journal of Health Law & Policy

The 2020 election, uniting control of the political branches in the Democratic party, opened up a realistic possibility of immigration reform. Reform of the immigration system is long overdue, but in pursuing such reform, Congress should cast a broad net and recognize the health policies embedded in immigration laws. Some immigration laws undermine health policies designed to improve individual and population health. For example, immigration inadmissibility and deportability laws that chill noncitizens from enrolling in health-promoting public benefits contribute to health inequities in immigrant communities that spill over into the broader population—a fact highlighted by the still-raging COVID-19 pandemic. Restrictions …

Revisiting Health Care Fraud In The Biden Administration, Joan H. Krause

Saint Louis University Journal of Health Law & Policy

Although not one of the Biden administration’s initial priorities, health care fraud inevitably will be a major concern. First, the federal government’s response to the COVID-19 pandemic—including the disbursement of more than $175 billion in provider relief funds and the loosening of traditionally strict rules on Medicare reimbursement for telehealth services—has created new opportunities to divert health care funds for fraudulent purposes. Second, President Joseph Biden took office in the midst of the incomplete transition from volume-based to value-based payment in the federal health care programs, which will allow fraud to flourish in the gaps between multiple reimbursement systems. Third, …

Insurer Accountability In The Next Generation Of Health Reform, Katie Keith

Saint Louis University Journal of Health Law & Policy

Democrats continue to debate how to extend health insurance coverage to the remaining uninsured and improve the affordability and quality of coverage and care. Prior intraparty debates—over whether to build upon the Affordable Care Act, create a public option, or expand the Medicare program to all (or more)—have centered on how to best accomplish these goals and whether health care delivery should be mediated through public versus private payers. These are worthwhile debates, but the history of health reform suggests that private health insurers are here to stay. This Article accepts the premise that future coverage expansions will likely rely …

Beyond Disability Rights: A Way Forward After The 2020 Election, Robyn M. Powell

Saint Louis University Journal of Health Law & Policy

Throughout Donald Trump’s presidency, people with disabilities and other historically marginalized communities experienced incessant attacks on their rights. From continuous attempts to repeal the Affordable Care Act, to decreased enforcement of federal disability rights laws, to reductions to social safety net programs, to the intentional disregard of the COVID-19 pandemic, Trump’s presidency threatened nearly every facet of disabled people’s lives. However, even before the Trump administration, people with disabilities experienced a range of pervasive and persistent social, economic, and health inequities. Moreover, many of these injustices endure today—nearly two years since President Trump left office.

The disability rights movement originated …

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 …

“Woman Enough” To Win? An Analysis Of Sex Testing In College Athletics, Brenna M. Moreno

Saint Louis University Journal of Health Law & Policy

In recent years, dozens of bills restricting the rights of transgender, or trans, individuals have been introduced in state legislatures throughout the country. To date, ten states have successfully passed laws prohibiting trans athletes from competing on teams in accordance with their gender identities. For its athletes, the National Collegiate Athletic Association (NCAA), the United States’ largest intercollegiate athletic organization, has pursued a compromise to balance trans inclusion and fair competition. Established in 2011, the NCAA’s conditionally inclusive policy permits trans women—meaning those who were assigned the sex of male but identify as women—to compete on a women’s team only …

The Impact Of Bostock V. Clayton County On Access To Health Care For Lgbtq Persons, Hiba B. Al-Ramahi

Saint Louis University Journal of Health Law & Policy

LGBTQ individuals face countless acts of discrimination in health care insurance and delivery. In spite of this inequality, there are zero LGBTQ-inclusive health insurance protections in over half of the United States. Title VII of the Civil Rights Act (Title VII) and Section 1557 of the Patient Protection and Affordable Care Act (ACA) are two federal statutes that prohibit discrimination, in relevant part, on the basis of sex. Both federal statutes have been greatly impacted by the Supreme Court decision in Bostock v. Clayton County, which interpreted “sex” in Title VII to include gender identity and sexual orientation. This …

Developing A Health Care Workforce That Supports Team-Based Care Models That Integrate Health And Social Services, Jessica Mantel, Mcclain Sampson, David S. Buck, Winston Liaw, Lechauncy Woodard, Jasmine Singh

Saint Louis University Journal of Health Law & Policy

Across the country, health care professionals are joining forces to improve the health care of populations with complex social, financial, and behavioral health needs. One promising approach relies on community-based integrated health teams (CIHTs), or interprofessional teams that integrate a broad range of medical, behavioral health, and social services, offer intensive case management, and link patients to available community resources. Yet whether CIHTs fulfill their potential depends in part on policymakers enacting policies that support CIHTs delivering comprehensive, high-value care to their patients. Drawing on the insights of CIHT professionals shared with the authors, this Article highlights several factors that …

Making Rights Meaningful: Advocating For Simple Changes In Federal Agency Practice To Promote Health Equity, Mary Quandt

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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Saint Louis University Law Journal

No abstract provided.

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Saint Louis University Law Journal

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Textualism And The Modern Explanatory Statute, Adam Crews

Saint Louis University Law Journal

The explanatory statute is a largely forgotten legislative tool. Once common, the explanatory statute was a retrospective act that identified an ambiguity or erroneous interpretation of a prior law and then directed the legislature’s view of the correct interpretation.

Although now rare, the explanatory statute is not dead. Just a few years ago, Congress enacted an amendment to Section 230 of the Communications Decency Act—a now hotly contested topic—with the hallmarks of an explanatory statute. In the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), Congress concluded that courts had over-extended Section 230 immunity to …

What Does The Decline In The U.S. Dollar’S Global Role Mean For Cryptocurrencies?, Carol R. Goforth

Saint Louis University Law Journal

Cryptocurrencies were at the forefront of a number of newsworthy events in 2021. One of those stories suggests that Bitcoin might be well-positioned to replace the U.S. dollar as the most popular global reserve currency. This article reviews what it means to be a reserve currency, as well as the costs and benefits for the United States to have its dollar serve as the medium of exchange for most international commercial transactions and to have it held by so many governments, central banks, and financial institutions. It then evaluates whether recent events that weaken the dollar’s influence and popularity create …

The Implications Of Legalized Marijuana On Establishing Probable Cause For A Warrantless Search, Lauren Williams, Samuel D. Hodge Jr.

Saint Louis University Law Journal

A police officer pulled over a speeding automobile. As the officer approached the vehicle, the driver lowered her window, causing the unique odor of marijuana to escape into the air.[1] This smell immediately alerted the officer to the existence of a controlled substance and established probable cause to search the operator and car.[2] Not so fast! Sniff and search is no longer an automatic justification for law enforcement to conduct a warrantless search in those jurisdictions that have legalized or decriminalized cannabis.[3]

The Supreme Court has long recognized the “automobile exception” to the Fourth Amendment’s prohibition against …

International Application Of Cfaa: Scraping Data Or Scraping Law?, King Fung Tsang

Saint Louis University Law Journal

Web scraping has resulted in a growing number of civil litigations internationally, including claims under the Computer Fraud and Abuse Act (“CFAA”) in the United States. With the Supreme Court’s first ever decision on the CFAA, in Van Buren v. United States, and its granting of LinkedIn’s petition for certiorari in June 2021, the CFAA is expected to attract even more interest among scholars and practitioners. However, little attention has been given to its cross-border ramifications. Cases show that U.S. courts are more than willing to apply the CFAA extraterritorially, even though their analyses are often flawed. In addition, …

Missouri’S Chance At Low-Cost Renewable Energy ‘Gone With The Wind’?, Jeff Becker

Saint Louis University Law Journal

The Grain Belt Express, a proposed wind energy transmission line that will span across much of the Midwest,[1] has been stalled for the past five years due to the legal battles it has faced in Missouri[2] over whether the company can be properly granted the authority to exercise eminent domain power over landowners in the state who oppose the project.[3] This Note provides a comprehensive analysis of the issues surrounding the Grain Belt Express in Missouri in order to argue that the project is in the state’s public interest—as correctly decided by Missouri’s Public Service Commission in …

The Future Of The Ada: Understanding Title Iii’S Application To Websites, Patrick Ganninger

Saint Louis University Law Journal

In recent years, the Americans with Disabilities Act has become a significant source of confusing and controversial litigation over website accessibility. This confusion and controversy stems from the fact that the Americans with Disabilities Act and its accompanying regulations offer zero explanation as to how the Act applies to websites. Faced with a circuit split, due process concerns, and a lack of any meaningful technical guidance from administrative agencies, defendant website operators are desperate for clear guidelines for how to comply with the Americans with Disabilities Act. Adding to this desperation is a barrage of opportunistic lawsuits, dubbed “surf-by lawsuits,” …

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Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

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Teaching Constitutional Law After The Trump Presidency, Joel K. Goldstein

Saint Louis University Law Journal

Teaching Constitutional Law will not, and should not, be the same after the presidency of Donald Trump. President Trump conducted his presidency in a manner which disregarded constitutional limits and assaulted basic constitutional principles. At the most conventional level for Constitutional Law courses, the Supreme Court generated new doctrinal responses to some of Trump’s presidential acts. Moreover, Trump’s presidency engaged non-judicial actors in considering how relatively obscure constitutional barriers operated, such as the Emoluments and Pardon Clauses, provisions regarding presidential inability and impeachment, and even segments of the Twelfth Amendment related to the role of the Senate president during the …