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Full-Text Articles in Law
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 …
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.
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.
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.
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.
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.
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.
Judicial Ethics May Decide Whether A Prisoner Can Be Touched As He Is Executed, Mikayla Lewison
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.
Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh
Wade’S Way No More? The Future Of Reproductive Rights In Light Of Texas Senate Bill 8’S Constitutionality, Dolly Suresh
SLU Law Journal Online
There are many hot-topic discussions occurring in today's political climate. In this article, Dolly Suresh focuses on the recent legislation in Texas, the Texas Heartbeat Act, and the conversations surrounding it.
When “Empty Is Not Closed”: Organizing Efforts To (Officially) Close St. Louis’ Infamous Workhouse, Brianna Coppersmith
When “Empty Is Not Closed”: Organizing Efforts To (Officially) Close St. Louis’ Infamous Workhouse, Brianna Coppersmith
SLU Law Journal Online
Despite years of community organizing, legal advocacy, and policy change to close St. Louis’ Medium Security Institution, the jail has reopened. In this article, Brianna Coppersmith provides a brief history of the campaign to close the jail, commonly called the Workhouse, and discusses what its reopening might mean for related pending litigation.
Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng
Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng
SLU Law Journal Online
The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.
The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet
The Fourteenth Amendment And The Heart Of The Constitution, Guy Chet
SLU Law Journal Online
Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.