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Full-Text Articles in Law

Masthead Jan 2023

Masthead

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

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 …


Table Of Contents Jan 2023

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2023

Masthead

Saint Louis University Law Journal

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Corporate Law, Business Schools, And White-Collar Crime, Eugene Mccarthy Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


The Ethics Of Assisting Incarcerated People With Collective Action, Daniel J. Canon Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


Probable Cause Reform As Bail Reform, Wendy R. Calaway Jan 2023

Probable Cause Reform As Bail Reform, Wendy R. Calaway

Saint Louis University Law Journal

No abstract provided.


Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal Jan 2023

Compulsion, Indoctrination, And Retribution In State Pledge Of Allegiance Statutes, Allan Walker Vestal

Saint Louis University Law Journal

No abstract provided.


The Insider: Laura Coates’S Just Pursuit And Critiquing Prosecution From Within, Dana Mulhauser Jan 2023

The Insider: Laura Coates’S Just Pursuit And Critiquing Prosecution From Within, Dana Mulhauser

Saint Louis University Law Journal

No abstract provided.


The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


Yes, We Klan: Reviving The Ku Klux Klan Act To Punish Insurrectionists, Chandni Challa Jan 2023

Yes, We Klan: Reviving The Ku Klux Klan Act To Punish Insurrectionists, Chandni Challa

Saint Louis University Law Journal

No abstract provided.


Masthead Jan 2023

Masthead

Saint Louis University Law Journal

No abstract provided.


Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett Jan 2023

Anti-Carceral Theory And Immigration: A View From Two Law School Clinics, Sabrina Balgamwalla, Lauren E. Bartlett

Saint Louis University Law Journal

No abstract provided.


On Teaching Crimmigration Law, Philip L. Torrey Jan 2023

On Teaching Crimmigration Law, Philip L. Torrey

Saint Louis University Law Journal

No abstract provided.


Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen Jan 2023

Teaching Interdisciplinary Perspectives On Citizenship And Immigration, Ming Hsu Chen

Saint Louis University Law Journal

No abstract provided.


Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders Jan 2023

Decolonizing Colorblind Asylum Narratives, Karla Mari Mckanders

Saint Louis University Law Journal

No abstract provided.


Teaching Business Immigration: The Law And The Reality, Da'niel Rowan Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


How Do You Teach Immoral Laws?, Nicole Hallett Jan 2023

How Do You Teach Immoral Laws?, Nicole Hallett

Saint Louis University Law Journal

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


Certiorari In The Roberts Court, Tejas N. Narechania Jan 2023

Certiorari In The Roberts Court, Tejas N. Narechania

Saint Louis University Law Journal

No abstract provided.


The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


The New Judicial Power Grab, Josh Chafetz Jan 2023

The New Judicial Power Grab, Josh Chafetz

Saint Louis University Law Journal

No abstract provided.


Consequentialist Retribution’S Real-World Ramifications And How It Impacts Judicial Credibility, Mikayla J. Lewison Jan 2023

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

Saint Louis University Law Journal

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Saint Louis University Law Journal

No abstract provided.