Law Commons^™

That’S It? Scrutinizing The Marshal Of The Supreme Court’S Role In An Investigation Within The Context Of 28 U.S.C. § 672, Josh Zoeller

SLU Law Journal Online

In May 2022, the Dobbs v. Jackson Women’s Health Organization majority opinion was leaked to the news outlet POLITICO. Very quickly thereafter, Chief Justice Roberts ordered the Marshal of the U.S. Supreme Court to investigate who was responsible for the leak. In this article, Josh Zoeller scrutinizes the Marshal’s report on the investigation while providing background on the Marshal’s role at the Court and how the position is statutorily defined.

Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer

SLU Law Journal Online

On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.

Running A Different Route: How Youtube Tv Plans To Avoid Antitrust Violations, Brody Shea

SLU Law Journal Online

After reaching a deal this past December, YouTube TV is now the sole option for NFL Sunday Ticket subscribers. By providing out-of-market sports games in a bundled package, YouTube TV runs the risk of violating the Sherman Antitrust Act. In this article, Brody Shea addresses how YouTube TV can avoid future litigation.

At A Glance: Defining Missouri’S Homeschooling Regulations, Christine Hall

SLU Law Journal Online

American parents have a right to homeschool their children, and it is only growing in popularity. Each state has the power to regulate homeschooling, and some do not regulate it at all. In this article, Christine Hall analyzes the practical application of Missouri's homeschooling statute and argues for a change in these regulations.

Re-Examining The Landscape Of Employee Drug-Testing In Missouri Post-Amendment 3, Paige Hume

SLU Law Journal Online

In November 2022, Missouri residents voted to ratify Amendment 3 to the state constitution and make the recreational use of marijuana legal. Yet, Missouri is one of only a few states that does not have protections for private employment drug testing. In this article, Paige Hume discusses the landscape of employment drug testing in Missouri, as well as the impact of the new amendment on workers.

Human Rights And Lawyer’S Oaths, Lauren E. Bartlett

All Faculty Scholarship

Each lawyer in the United States must take an oath to be licensed to practice law. The first time a lawyer takes this oath is usually a momentous occasion in their career, marked by ceremony and celebration. Yet, many lawyer’s oaths today are unremarkable and irrelevant to modern law practice at best, and at worst, inappropriate, discriminatory, and obsolete. Drawing on a fifty-state survey of lawyer’s oaths in the United States, this article argues that it is past time to update lawyer’s oaths in the United States and suggests drawing on human rights to make lawyer’s oaths more accessible and …

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.

Conflicting Interests In Name And Pronoun Policies In K-12 School, Manni Jandernoa

SLU Law Journal Online

The year 2022 has brought a record number of proposed antitransgender legislation throughout the country. With an expanding amount of youths identifying as transgender and/or nonbinary, schools are continuing to grapple how to support these students while complying with the law. In this article, Manni Jandernoa discusses individual conflicting interests involved with respect to the application or lack of school name and pronoun policies.

Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb

SLU Law Journal Online

When creating a trust, a grantor may attach conditions that beneficiaries must meet before receiving an inheritance. Some conditions can become so restrictive that they contravene public policy and are unenforceable by courts. In this article, Mary Webb balances Illinois public policy on testamentary and reproductive freedom to determine whether an Illinois court would uphold a beneficiary restriction clause that restricts a beneficiary's reproductive rights.

The Saga Of Scabby: How A Giant Inflatable Rat Helped Define Free Speech In Organized Labor, Adam Kosmicki

SLU Law Journal Online

A large, grotesque, inflatable rat has become a symbol of organized labor, a target of controversy, and a defining icon for unions' rights under the First Amendment. In this article, Adam Kosmicki explores the implications for free speech and the protection of "neutral" parties following the NLRB's decision regarding Scabby in Int'l Union of Operating Engineers Local 150.

Where There Is A Right, There Is A Remedy—Or Is There?, Grace Panicola

SLU Law Journal Online

Courts have repeatedly declined to allow causes of actions under the Constitution when Plaintiffs’ constitutional rights are violated by government officials. In this article, Grace Panicola discusses a pocket of governmental immunity that creates serious implications for Plaintiffs as they ultimately face inadequate remedies.

A New Age Of Antitrust: How The Latest Ftc Leadership Is Rewriting The Rules, Sara Rutherford

SLU Law Journal Online

The addition of a new Chair of the United States Federal Trade Commission has brought major changes relating to Big Tech. In this article, Sara Rutherford discusses the FTC's new anti-trust policies and their application to big companies.

Myles Away From Perfect: The Potential Impact On Nil Deals Following Lsu Quarterback’S Retirement, Brian Ahle

SLU Law Journal Online

Just prior to the 2022 College Football Season, Louisiana State University Quarterback Myles Brennan decided to abruptly retire from football. Despite the unexpected finish to his career, Brennan is still going to likely retain all of the money he received in endorsements that were paid through the newly approved “NIL” deals available to collegiate athletes, as a result of a stipulation that these deals cannot be “performance-based”. In this article, Brian Ahle evaluates the potential ways in which endorsers may be able to protect their investments, while still complying with the NIL Policies that provide protections towards the athletes.

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.

Presidential Interpretation And War Powers, Tobias T. Gibson, Matthew R. Trout

SLU Law Journal Online

Judicial deference toward presidential decision making in national security has led to largely unencumbered presidential action in national security concerns. In this article, Matthew R. Trout and Tobias T. Gibson argue that presidential interpretation is a power of the president—a power that has enhanced an outsized presidential role in national security.

“Rap Music On Trial”: Examining The Consequences Of Rap Lyrics Being Admissible At Trial, Malik Stewart

SLU Law Journal Online

Rap lyrics are being deemed admissible in court to convict criminal defendants. In this article, Malik Stewart considers the consequences of admitting rap lyrics to evidence to prove a defendant’s guilt, possible First Amendment violations, the efforts to prevent prosecutors from using rap lyrics as evidence, and the ways in which rap music is being targeted by prosecutors. The article also considers the emergence of Drill music and what to expect moving forward.

Cryptocurrency: The Consequences Of A Regulatory Gap In A Rapidly Growing Industry, Claire Sanford

SLU Law Journal Online

Digital assets are largely unregulated, which has led to many investors being defrauded without remedy. Various solutions have been proposed to solve the regulatory gap, but none have been successful in practice. In this article, Claire Sanford discusses how the risks associated with cryptocurrency exchanges are distinct from more traditional investments.

Aba Model Rule 8.4(G): National Adoption Is Long Overdue, Sara Rakowiecki

SLU Law Journal Online

In 2016, the American Bar Association amended the Model Rules of Professional Conduct to include Rule 8.4(g) in an attempt to include a prohibition against discrimination and harassment with conduct related to the practice of law. While discrimination and harassment remain commonplace in the legal profession, many states refused to adopt Rule 8.4(g) which resulted in an unprecedented response to the ABA amendment. In this article, Sara Rakowiecki emphasizes the necessity for the legal profession to adopt and apply Rule 8.4(g) to cultivate a legal community where lawyers are consistently ethical and professional in the practice of law.

A Roadmap For Suing The Nfl: How San Diego Taxpayers Are Using St. Louis’ Success As A Plan In Their Own Suit Over Relocation, And Will It Pay Off?, Allison Frisella

SLU Law Journal Online

Last year, the city of St. Louis forced an unprecedented settlement against the Rams, Stan Kroenke, and the National Football League over relocation of the Rams. In this article, Allison Frisella covers how St. Louis' lawsuit can be used as a successful "roadmap" to sue the NFL, and how recent lawsuits filed by San Diego Taxpayers over relocation of the Chargers did just that. The article evaluates the claims made by St. Louis, how San Diego Taxpayers used similar claims in their complaints against the league, and if their successes will be the same as St. Louis.

In A Legal Field Of Uncertainty, Much Change Is Needed Before Commercial Space Flights Become More Common, And Contracts Of Carriage Might Be The Answer, Gavin Coveney

SLU Law Journal Online

In this article, Gavin Coveney seeks to give to a short description of current space laws and the lack of regulation. Gavin Coveney also gives a short breakdown of solutions and how current airline Contracts of Carriage provide inspiration for future space Contracts of Carriage.

Force Majeure & The Coronavirus Pandemic’S Effect On Contractual Obligations, Mack Miner

SLU Law Journal Online

With the rise of the Covid-19 pandemic, some businesses found themselves unable to perform on their contracts due to Covid-19's unpredictable nature, government orders, and a variety of other factors. Many contracting parties responded to the unpredictability by invoking force majeure to avoid performance. In his article, Mack Miner considers revising force majeure clauses to read less like boilerplate language and include specific pandemic-like events to help to ensure future force majeure issues are successfully invoked.

The Role Of Prosecutorial Discretion In The Constitutionality Of Daca, Olivia Dixon

SLU Law Journal Online

DACA has been a controversial immigration program for almost a decade, as it winds its way through the United States's court system. In this article, Olivia Dixon argues that federal judge Andrew Hanen's most recent holding, that DACA is unconstitutional, is wrong, specifically looking at the role prosecutorial discretion plays in the program's constitutionality.

Laws Surrounding Daily Fantasy Sports And Sports Gambling Are Ambiguous; Let’S Just Legalize Both, Patrick Azer

SLU Law Journal Online

There is a discrepancy between laws legalizing daily fantasy sports ("DFS") and laws making sports gambling illegal. In this article, Patrick Azer discusses how DFS has been able to operate under the UIGEA season long fantasy exception, how DFS platforms have disguised sports betting as DFS, and why both DFS and sports betting should be legalized to eliminate ambiguity in the current law.

Proposed Bill In Missouri Senate To Lower Personal Injury Statute Of Limitations To Two Years, Sarah Thompson

SLU Law Journal Online

The Missouri legislature is considering a bill that would drastically lower the statute of limitations for personal injury claims. What factors should be considered when determining the length of a statute of limitations? In this article, Sarah Thompson discusses the interests that are at stake, some arguments in support, and some arguments in opposition to lowering statutes of limitations.

2022 Mlb Lockout: Time To Re-Examine Baseball's Antitrust Exemption, Adam Renfro

SLU Law Journal Online

In this article, Adam Renfro examines the legal basis for Major League Baseball's antitrust exemption in light of ongoing lockout in Major League Baseball. This article also discusses ongoing and current threats to the exemption and asserts that the exemption should be abolished once and for all.

What’S In The Forecast For The Spac Boom & The Pslra?, Nick Krone

SLU Law Journal Online

Special Purpose Acquisition Companies (SPACs) have exploded in popularity. These so-called “blank check” companies are used as vehicles to take companies public without going through a traditional IPO process. Financial projections in SPACs are currently protected by the safe harbor for forward-looking statements afforded by the Private Securities Litigation Reform Act (PSLRA). In this article, Nick Krone examines whether SPACs should be protected by the PSLRA.

Should Missouri Consider The Social Cost Of Carbon In Policymaking?, Matthew Geer

SLU Law Journal Online

The social cost of carbon (SCC) is a tool used by federal agencies to quantify the cost of carbon emissions in policymaking. As concerns surrounding climate change become more pressing, some states have also begun using the SCC in their own policies, rules, and regulations, while other states like Missouri have actively challenged the metric. In this article, Matthew Geer looks at the origin of the federal social cost of carbon and considers its effectiveness as a tool by state governments to guide policymaking that will prevent climate change from causing irreversible harm to Planet Earth.

Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison

SLU Law Journal Online

The community having faith in the judiciary is vital for the U.S. to function as a democracy. Recently, the Court has become seemingly more politicized, even though Americans prefer an apolitical court. In this article, Mikayla Lewison argues that personal interests of the justices on the Court have likely played a role in whether or not prisoners, like John Henry Ramirez, may have a cleric of their choice inside the chamber as they are executed.

Turning Over Stones: Advocating For Stronger Reporting Requirements For Opportunity Zones, Blake Stocke

Saint Louis University Law Journal

In 2017, Congress passed Sections 1400Z-1 and 1400Z-2 into the Internal Revenue Code, effectively codifying new tax legislation dubbed ‘Opportunity Zones.’ This legislation, which received bipartisan support, was meant to provide investors with a tax break to incentivize investment in low-income communities. The Opportunity Zone program is a substantial tax expenditure for Congress, and one that proponents believe can attract investment into parts of the United States suffering from diminutive economic growth. However, critics doubt this program will benefit those living in distressed communities, and fear that Opportunity Zones will instead promote gentrification while giving wealthy investors unnecessary tax breaks. …

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 …