Law Commons^™

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Saint Louis University Law Journal

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation.

As noble as virtuous behavior, …

Is An Inviolable Constitution A Suicide Pact? Historical Perspective On Executive Power To Protect The Salus Populi, Ryan Patrick Alford

Saint Louis University Law Journal

No abstract provided.

The Irreducible, Minimal Morality Of Law: Reconsidering The Positivist/Natural Law Divide In Light Of Legal Purpose And The Rule Of Law, Bruce P. Frohnen

Saint Louis University Law Journal

No abstract provided.

A Collection Of Essays On Libertarian Jurisprudence, Walter E. Block

Saint Louis University Law Journal

We attempt to demonstrate that while it should be against the law to interfere with any property owner from receiving sunlight from directly above, this should not at all apply to tall buildings, which place into shadow their neighbors, and thus deprive them of sideways sunlight.

The Problem With Neurolaw, David W. Opderbeck

Saint Louis University Law Journal

This Article describes and critiques the increasingly popular program of reductive neuroLaw. Law has irrevocably entered the age of neuroscience. Various institutes and conferences are devoted to questions about the relation between neuroscience and legal procedures and doctrines. Most of the new “neuroLaw” scholarship focuses on evidentiary and related issues, and is important and beneficial. But some versions of reductive neuroLaw are frightening. Although they claim to liberate us from false conceptions of ourselves and to open new spaces for more scientific applications of the law, they end up stripping away all notions of “selves” and of “law.” This Article …

The Problems Of Probable Cause: Meneese And The Myth Of Eroding Fourth Amendment Rights For Students, Benjamin C. Tiller

Saint Louis University Law Journal

No abstract provided.

Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin

Saint Louis University Law Journal

Does legal order always need the enforcement power of the State? The concept of private order says no. Private ordering is traditionally defined as the coming together of non-governmental parties in voluntary, self-enforcing arrangements. This Article radically expands the concept of private order to include not only individuals, but also governments themselves, arguing that the ingredients for private ordering exist in both spheres. State actors, perhaps even more so than individuals, are producers of private order in that they regularly establish sophisticated legal order in the absence of centralized enforcement. The Article constructs a theory of private order which focuses …

Trusts And Estates: Teaching Uniform Law, Thomas P. Gallanis

Saint Louis University Law Journal

No abstract provided.

What To Do With What’S Left Behind, John V. Orth

Saint Louis University Law Journal

No abstract provided.

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Saint Louis University Law Journal

No abstract provided.

Trust Me? Estate Planning With Revocable Trusts, Bradley E.S. Fogel

Saint Louis University Law Journal

Revocable trusts are one of the most common estate planning techniques. Unfortunately, many advisors use them without considering the merits for the particular client. Like any other estate planning technique, they are appropriate only for some clients.

Typically, a settlor creates and funds a revocable trust during his or her lifetime. The settlor then uses trust funds to pay living expenses. Upon the settlor’s death, the successor trustee administers the trust, collects the settlor’s assets, pays creditors, and distributes the assets to the named beneficiaries. In the optimum case, this is done without any court involvement.

Due to the lack …

Usada The Unconquerable: The One-Side Nature Of The United States Anti-Doping Administration’S Arbitration Process, Brian A. Dziewa

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick

Saint Louis University Law Journal

No abstract provided.

Bridges And Ballots: Comment On Levinson, Chad Flanders

Saint Louis University Law Journal

No abstract provided.

Wisdom Of The Intermediary Crowd: What The Proposed Rules Mean For Ambitious Crowdfunding Intermediaries, Gregory D. Deschler

Saint Louis University Law Journal

No abstract provided.

Reverse Payment Agreements: Why A “Quick Look” Properly Protects Patents And Patients, Natalie Stoltz

Saint Louis University Law Journal

No abstract provided.

Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan T. Holte

Saint Louis University Law Journal

There has been much debate about the economic harms caused by patent infringement lawsuits filed by patent holders who do not make or sell products covered by their own patents—entities pejoratively referred to as “patent trolls.” This debate has thus far been largely theoretical or based on broad industry-wide data. The purpose of this Article is to present a focused empirical report that has previously been lacking—detailed information regarding the inventors themselves, the patent assertion entities (PAEs) that represent them, and the stories behind their patents. The research for this Article centers on two instructive case studies: (1) MercExchange, L.L.C., …

A New Cold War? Cold Peace. Russia, Ukraine, And Nato, Dr. Eric A. Engle

Saint Louis University Law Journal

No abstract provided.

Not A Party: Challenging Mortgage Assignment, Eric A. Zacks, Dustin A. Zacks

Saint Louis University Law Journal

No abstract provided.

The Maverick Theory: Creating Turbulence For Mergers, Courtney D. Lang

Saint Louis University Law Journal

No abstract provided.