Law Commons^™

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Saint Louis University Journal of Health Law & Policy

No abstract provided.

Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei

Saint Louis University Journal of Health Law & Policy

A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.

A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …

The Battle For Medicare, Isaac D. Buck

Saint Louis University Journal of Health Law & Policy

America is aging. From 2019 to 2060, the total population of Americans over sixty-five will grow from fifty-four million to ninety-five million. Of all Americans, sixteen percent were aged sixty-five and older in 2019; nearly twenty-two percent are projected to be in this age group by 2040. This shift will put unprecedented pressure on the Medicare program. Its enrollment is already in the midst of an unparalleled boom, growing from forty-eight million in 2010 to eighty-six million by just 2035. As it grows in importance and size, the future of Medicare will be dominated by two competing pressures.

First, Medicare …

The Future Of Health Care Must Be Harm Reductionist—To Bring It About, We Need Moral Philosophy, Travis N. Rieder

Saint Louis University Journal of Health Law & Policy

In the United States, more than 100,000 people now die each year from drug overdose, but nearly all of these deaths are preventable. The purpose of this Article is to show that harm reduction interventions could go a long way towards saving these lives, but we don’t adopt many of these interventions, or fail to adopt them at the scale needed. Although it is often suggested by opponents of harm reduction that the interventions are unlikely to actually reduce harm, this Article argues that the empirical debate is largely over—decades of data demonstrate that harm reduction saves lives, promotes health, …

Inefficacy Of The Transparency In Coverage Final Rule In Promoting Cost-Effective Choices, Abigail Jaeger

Saint Louis University Journal of Health Law & Policy

The Transparency in Coverage Final Rule requires health plans to provide beneficiaries with financial information such as estimates of their personalized cost-sharing liabilities for items and services offered by different providers, the plan’s negotiated in-network rates with these providers, and the plan’s allowed out-of-network amounts. The Final Rule is designed to enhance consumers’ access to pricing information under their health plan so they have the ability to make well-informed and cost-effective decisions regarding their health care. However, empirical evidence suggests that the Final Rule will not effectuate its intended purpose. Many consumers lack the high level of health insurance comprehension …

Who Pays First?: Medicaid Third-Party Liability In Florida And Virginia’S Birth-Related Neurological Injury Compensation Programs, Alexandra M. Robbins

Saint Louis University Journal of Health Law & Policy

In response to an impending obstetrician shortage and medical malpractice crisis, the states of Florida and Virginia adopted no-fault birth-related neurological injury compensation programs in the 1980s. Both of these programs provide lifetime coverage for eligible children with serious birth-related neurological injuries; however, both programs treated themselves as the payer of last resort and required families to submit claims to Medicaid first based on an inaccurate interpretation of Medicaid third party-liability (“TPL”) laws and the program-enabling statutes. Both programs’ policies treating themselves as the payer of last resort not only violated Federal and State Medicaid laws, they caused harm to …

The Ethics Of Assisting Incarcerated People With Collective Action, Daniel J. Canon

Saint Louis University Law Journal

No abstract provided.

Corporate Law, Business Schools, And White-Collar Crime, Eugene Mccarthy

Saint Louis University Law Journal

No abstract provided.

Preventing Gamesmanship: Bipa Class Action Litigation In The State And Federal Forums, Mary Fletcher

Saint Louis University Law Journal

No abstract provided.

Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen

Saint Louis University Law Journal

No abstract provided.

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

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon

Saint Louis University Law Journal

No abstract provided.

On Teaching Crimmigration Law, Philip L. Torrey

Saint Louis University Law Journal

No abstract provided.

Teaching Business Immigration: The Law And The Reality, Da'niel Rowan

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

Saint Louis University Law Journal

No abstract provided.

The New Judicial Power Grab, Josh Chafetz

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Teaching Racial And Social Justice In The Immigration Law Survey Course, Kevin R. Johnson

Saint Louis University Law Journal

No abstract provided.

Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders

Saint Louis University Law Journal

No abstract provided.

Consequentialist Retribution’S Real-World Ramifications And How It Impacts Judicial Credibility, Mikayla J. Lewison

Saint Louis University Law Journal

No abstract provided.

Certiorari In The Roberts Court, Tejas N. Narechania

Saint Louis University Law Journal

No abstract provided.

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

Saint Louis University Law Journal

No abstract provided.

What Cash Bail Left Behind: St. Louis’ Bail System, Three Years After Reform, Brianna Coppersmith

Saint Louis University Law Journal

No abstract provided.

Legitimacy Without Legality, Or Bassok

Saint Louis University Law Journal

Beyond the controversy on women’s right to elect an abortion, in Dobbs v. Jackson there is a deep yet hidden disagreement over the Court’s source of legitimacy. The majority judgment speaks of the Court’s source of legitimacy in terms of expertise, while the dissenting opinion speaks of it in terms of public support. My starting point for exposing this disagreement is the divergence between the accurate quote of Alexander Hamilton’s famous dictum from the Federalist No. 78 in Justice Alito’s majority opinion, and dissenting Justice Breyer’s paraphrase of the same dictum in the Dobbs oral arguments. The paraphrased version replaced …

The Marketplace Of Ideas Is In Chaos. Chaos Theory Would Like A Word, Jared Schroeder

Saint Louis University Law Journal

The marketplace of ideas is the Supreme Court’s dominant tool for rationalizing expansive First Amendment safeguards. The model, however, is fundamentally flawed. Enlightenment-based assumptions about truth and human rationality that justices installed into the theory’s foundations have been criticized by scholars and, in the era of powerful algorithms and generative AI, are becoming even more suspect. The space is in a state of chaos. Perhaps chaos theory can help. The theory provides a lens through which to revise marketplace theory and therefore re-examine First Amendment free-expression rationales. Chaos theory identifies that Enlightenment-era positivistic, reductionist thinking fails to account for variables …

Status To Be Determined: Analyzing Indian Status Within The General Crimes Act In A Post-Castro-Huerta Landscape, Joshua Zoeller

Saint Louis University Law Journal

The General Crimes Act, codified at 18 U.S.C. § 1152, is an older statute that pertains to federal criminal jurisdiction over crimes committed in Indian Country. The General Crimes Act is limited in scope as it only applies to cases where the alleged perpetrator of the crime is not a Native American but the victim is determined to be a Native American. But who decides how to label each party as “Indian” or “non-Indian” (to borrow language used in the courts)? And is ‘Indian status’ an element of the statute that the prosecution must prove or is it reserved for …

Prada Bag Or Fraud-A Bag: The Impacts Of Knockoffs And Counterfeits On The Fashion Industry, Miranda Nolan

Saint Louis University Law Journal

Fashion is both inherently utilitarian and ultra-creative at the same time and exists in a gray area in terms of legal protection. Some aspects of fashion are protectable by various aspects of intellectual property. For example, trademark law can protect the logo on a bag. However, fashion as a whole does not fit squarely in any intellectual property protection available in the United States, which allows knockoffs to be legally allowed. This Note provides a comprehensive analysis of the intellectual property protections available in the United States to certain aspects of fashion and what types of copying and inspiration-taking expands …

Table Of Contents

Saint Louis University Law Journal

No abstract provided.