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Articles 1 - 30 of 124
Full-Text Articles in Law
Mississippi's Contribution To Informing The Push For Federal Legislation, Nolan G. Forthaus
Mississippi's Contribution To Informing The Push For Federal Legislation, Nolan G. Forthaus
SLU Law Journal Online
The NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.
“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer
“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer
SLU Law Journal Online
Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox
SLU Law Journal Online
In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.
Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann
Fool Me Once … Why The American Data Privacy Act Proposal Fails To Adequately Deter Data Privacy Violations, Melissa Mann
SLU Law Journal Online
The recent Supreme Court decision of Dobbs v. Jackson Women's Health Organization raises many questions regarding the privacy of health data. In this article, Melissa Mann discusses some concerns that may arise with the use health applications to track personal data and potential privacy laws that could be enacted to protect these users.
How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan
How Intellectual Property Laws Allow For Fashion Dupes, Miranda Nolan
SLU Law Journal Online
The rise of technology brought an increase in the number of "knockoff" fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.
Rethinking The Value Of Originalism, Tobias Gibson, Jakob Gibson, Matthew Trout
Rethinking The Value Of Originalism, Tobias Gibson, Jakob Gibson, Matthew Trout
SLU Law Journal Online
Originalism is one of many approaches to Constitutional interpretation that has evolved and changed from the time of its inception. In this article, Tobias Gibson, Jakob Gibson, and Matthew Trout discusses the disagreement between the application and interpretation of what originalism constitutes and mandates.
California Law Changes The Fashion Industry Furever: First Statewide Fur Ban Takes Effect This Year, Mikee Olegario
California Law Changes The Fashion Industry Furever: First Statewide Fur Ban Takes Effect This Year, Mikee Olegario
SLU Law Journal Online
On January 1st of this year, California made history in becoming the first to enact a statewide fur ban, prohibiting the sale of new clothing and accessories made of fur. This article explores the potential implications of the ban for the state, California's influence in the fashion industry, and the future of the fur industry for the rest of the nation. In this article, Mikee Olegario will use these factors to analyze how one state's bill could have a major impact on ethical fashion forever.
Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll
Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill, Chloë Driscoll
SLU Law Journal Online
The proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.
Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm
Chatgpt – What An Attorney Needs To Know When Using This New Tool, Grant Gamm
SLU Law Journal Online
There is a large potential impact of ChatGPT, an AI language processing model, on the legal industry. In this article, Grant Gamm highlights the various benefits and limitations of the new technology, while emphasizing ethical considerations that attorneys must keep in mind when using it. The article also touches on the broader issues of bias and "hallucinations" that can arise with AI tools and their potential impact on society. Overall, the article highlights the need for attorneys to maintain competence in technological advancements and be vigilant about ethical implications when adopting new tools like ChatGPT.
Upholding Longstanding Prohibitions On Firearm Possession Under Bruen, Mitchell Gordon
Upholding Longstanding Prohibitions On Firearm Possession Under Bruen, Mitchell Gordon
SLU Law Journal Online
The Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen has cast doubt on the constitutionality of federal firearms possession laws, such as the prohibition on felons possessing guns. This piece examines how one federal district court upheld a federal restriction on felon gun possession in the recent wake of the Bruen decision. In this article, Mitchell Gordon especially focuses on the historical facts and analysis that are now required under Bruen in order to uphold a governmental restriction on Second Amendment rights.
Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
SLU Law Journal Online
Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.
Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard
SLU Law Journal Online
In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.
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
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
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.
Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek
Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek
SLU Law Journal Online
In June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.
Running A Different Route: How Youtube Tv Plans To Avoid Antitrust Violations, Brody Shea
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
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
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.
Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten
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
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
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
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
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
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
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
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
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
“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
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.