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Full-Text Articles in Law

The Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck Jan 2023

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.


Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton Jan 2023

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 Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson Jan 2023

The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson

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 Jan 2022

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 …


The Heat Is On: Will Climate Change Suits Pressure The Supreme Court To Evolve Its Federal Question Jurisdiction?, Katie Hoffecker Jan 2022

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.


Election Law Originalism: The Supreme Court's Elitist Conception Of Democracy, Yasmin Dawood May 2020

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 Jan 2018

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 Jan 2016

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 Jan 2016

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 Jan 2015

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 Jan 2014

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.


If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke Jan 2013

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.


The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort Jan 2013

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 …


Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering Jan 2011

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 Jan 2011

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 Jan 2009

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 Jan 2008

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 Mar 2007

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 Jan 2007

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 Jan 2007

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2005

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. Jan 2005

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 Mar 2004

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 May 2003

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 Jan 2003

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 Sep 2002

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.


Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert Jan 2002

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Saint Louis University Public Law Review

No abstract provided.