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Articles 31 - 60 of 124
Full-Text Articles in Law
Wisconsin Right To Life: Same Song, Different Verse, Allison R. Hayward
Wisconsin Right To Life: Same Song, Different Verse, Allison R. Hayward
Saint Louis University Public Law Review
No abstract provided.
Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill
Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill
Saint Louis University Public Law Review
No abstract provided.
Interactive Pre-Clearance Development, Kareem U. Crayton
Interactive Pre-Clearance Development, Kareem U. Crayton
Saint Louis University Public Law Review
No abstract provided.
Democracy And The Secretary: The Crucial Role Of State Election Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Friedrichs Benson
Democracy And The Secretary: The Crucial Role Of State Election Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Friedrichs Benson
Saint Louis University Public Law Review
No abstract provided.
Out On A Limb Without Direction: How The Second Circuit’S Decision In Fox V. Fcc Failed To Adequately Address Broadcast Indecency And Why The Supreme Court Must Correct The Confusion, Andrew Smith
Saint Louis University Public Law Review
No abstract provided.
A Digital Cry For Help: Internet Radio’S Struggle To Survive A Second Royalty Rate Determination Under The Willing Buyer/Willing Seller Standard, Brian Flavin
Saint Louis University Public Law Review
No abstract provided.
Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek
Has Erisa Closed Our Laboratories? Options For State Health Reform, Terrence Burek
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Communication As Prevention To Tragedy: Ferpa In A Society Of School Violence, Megan M. Davoren
Communication As Prevention To Tragedy: Ferpa In A Society Of School Violence, Megan M. Davoren
Saint Louis University Journal of Health Law & Policy
No abstract provided.
An Originalism For Foreign Affairs?, Ingrid Wuerth
An Originalism For Foreign Affairs?, Ingrid Wuerth
Saint Louis University Law Journal
No abstract provided.
Foreign Affairs Originalism In Youngstown’S Shadow, Stephen I. Vladeck
Foreign Affairs Originalism In Youngstown’S Shadow, Stephen I. Vladeck
Saint Louis University Law Journal
No abstract provided.
Proving Retaliation After Burlington V. White, Lauren Legrand
Proving Retaliation After Burlington V. White, Lauren Legrand
Saint Louis University Law Journal
No abstract provided.
Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor
Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor
Saint Louis University Law Journal
The traditional law school appellate case method is not well-suited to teaching students either the substance and process of counseling entrepreneurial clients or helping such clients create IP strategies that effectively advance their business vision. This Article describes the author’s creation of new courses and clinics to advance teaching IP in the emerging field of entrepreneurship and innovation law.
John Paul Ii, The Structures Of Sin And The Limits Of Law, John M. Breen
John Paul Ii, The Structures Of Sin And The Limits Of Law, John M. Breen
Saint Louis University Law Journal
No abstract provided.
Information And The Market For Union Representation, Matthew T. Bodie
Information And The Market For Union Representation, Matthew T. Bodie
All Faculty Scholarship
In its oversight of union representation elections, the National Labor Relations Board seeks to create laboratory conditions to determine "the uninhibited desires" of employees. Despite its comprehensive regulation of union and employer campaign conduct, however, the Board fails to insure that employees get basic information relating to their decision. This Article proposes a new paradigm for the representation decision: that of a purchase of representation services. This "purchase of services" model demonstrates that the market for union representation lacks the standard features required under economic theory to drive information into the marketplace. The resulting information deficiencies may render employees poorly …
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett
All Faculty Scholarship
The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts' response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts' response to the recent scandals.
Brennan Lecture Evidence-Based Judicial Discretion: Promoting Public Safety Through State Sentencing Reform, Michael A. Wolff
Brennan Lecture Evidence-Based Judicial Discretion: Promoting Public Safety Through State Sentencing Reform, Michael A. Wolff
All Faculty Scholarship
In this speech delivered for the annual Justice William J. Brennan, Jr. Lecture on State Courts and Social Justice, the Honorable Michael Wolff offers a new way of thinking about sentencing. Instead of attempting to limit judicial discretion and increase incarceration, states should aim to reduce recidivism in order to make our communities safer. Judge Wolff uses the example of Missouri's sentencing reforms to argue that states should adopt evidence-based sentencing, in which the effectiveness of different sentences and treatment programs are regularly evaluated. In pre-sentencing investigative reports, probation officers should attempt to quantify - based on historical data - …
Life And Death Decisions: Prosecutorial Discretion And Capital Punishment In Missouri, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
Life And Death Decisions: Prosecutorial Discretion And Capital Punishment In Missouri, Katherine Y. Barnes, David L. Sloss, Stephen C. Thaman
All Faculty Scholarship
This article presents the results of an empirical study of intentional homicide cases in Missouri. The authors created a database of 1046 cases; it includes substantially all of the homicide cases prosecuted in Missouri over a five year period that were initially charged as murder or voluntary manslaughter and that yielded criminal convictions. The authors selected 247 cases from the larger database for more detailed analysis. We analyzed geographic and racial disparities in the rates at which: prosecutors charge first-degree murder versus lesser charges; prosecutors seek the death penalty, not lesser punishments; defendants are convicted of first-degree murder versus lesser …
Demystifying Hedge Funds: A Design Primer, Henry Ordower
Demystifying Hedge Funds: A Design Primer, Henry Ordower
All Faculty Scholarship
Describes and analyzes hedge fund structures in the context of the United States statutes and regulations that inform those structures.
Not Hearing History: A Critique Of Chief Justice Robert’S Reinterpretation Of Brown, Joel K. Goldstein
Not Hearing History: A Critique Of Chief Justice Robert’S Reinterpretation Of Brown, Joel K. Goldstein
All Faculty Scholarship
In the principal opinion in Parents Involved in Community Schools v. Seattle School District No. 1, Chief Justice Roberts invoked Brown v. Board of Education to bolster his view that the United States Constitution forbids the use of virtually all racial classifications. In its closing paragraphs, the plurality opinion claimed that the NAACP attorneys in Brown subscribed to an anticlassification view of the Constitution and that the Court adopted that view. Far from hearing history, the Chief Justice’s opinion sought to rewrite it. The discussion ignored the historic context in which Brown was argued and based its argument on extracting …
Corporate Social Responsibility Of Multinational Enterprises And The International Business Law Curriculum, Constance Z. Wagner
Corporate Social Responsibility Of Multinational Enterprises And The International Business Law Curriculum, Constance Z. Wagner
All Faculty Scholarship
The author argues for expanded coverage of corporate social responsibility in the U.S. law school curriculum. Corporate social responsibility is of increasing importance for businesses, particularly for those companies that conduct multinational operations. Current national legal and regulatory regimes fail to adequately address the social and environmental issues that arise in business operations. As a result, intergovernmental organizations, non-governmental organizations and businesses have begun to promulgate voluntary codes ofconduct. These codes touch on such subjects as core labor standards, environmental protection, bribery offoreign government officials in international business and human rights. Examples include the Organization for Economic Cooperation and Development …
Workers, Information, And Corporate Combinations: The Case For Non-Binding Employee Referenda In Transformative Transactions, Matthew T. Bodie
Workers, Information, And Corporate Combinations: The Case For Non-Binding Employee Referenda In Transformative Transactions, Matthew T. Bodie
All Faculty Scholarship
Employees present a curious puzzle for corporate law. The success of a corporation depends on its employees, from the chief executive officer down to the front-line production or service worker. But for the most part, corporate law relegates employees to the sidelines. Perhaps nowhere is this difference as dramatic as in the realm of mergers, acquisitions, and other transformative transactions. Such transactions are usually negotiated at the highest levels of management, approved by the board, and ultimately approved by the shareholders. In contrast, employees at most may be able to bargain about the effects of the merger through union representatives; …
The Two Faces Of Justice In The Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining And The Inquisitorial Legacy, Stephen C. Thaman
The Two Faces Of Justice In The Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining And The Inquisitorial Legacy, Stephen C. Thaman
All Faculty Scholarship
This essay focuses on adversary procedure, plea-bargaining, and jury trial in the 1991 Concept of Judicial Reform of the Russian Republic. It discusses the impact of these reforms and assesses whether they have led to an improvement in the quality of evidence presented to the trier of fact, liberation of the trial and appellate judges from the juggernaut of hierarchical Soviet ‘crime control’ policies, and the development of a culture where acquittals of guilty and innocent will be tolerated when the evidence lacks credibility or is insufficient to constitute proof beyond a reasonable doubt.
Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan
Access Assured: Restoring Progressivity In The Tax And Spending Programs For Higher Education, Kerry A. Ryan
All Faculty Scholarship
Presently, the federal government subsidizes the higher education expenses of individual college students through two distribution channels: the tax system and the transfer system. Under each subsystem, there are a multitude of programs available to assist students in meeting their postsecondary educational expenses. The proliferation of so many forms of federal student aid raises issues of intra- and inter-program effectiveness. In their current form, the tax benefits for higher education do not get the right amount to the right people at the right time. The federal college spending programs, on the other hand, get the right amount to the right …
Irregular Panels, Samuel P. Jordan
Irregular Panels, Samuel P. Jordan
All Faculty Scholarship
This article explores a common but essentially unexplored feature of appellate decision-making: decisions by irregular panels. Decisions in the federal courts of appeals are usually reached by panels of three statutorily authorized judges. But appellate panels are often irregular in practice, either because an authorized judge becomes unavailable or because an unauthorized judge is assigned as a panel member. The traditional approach, supported by both statute and case law, has been to accept the former while rejecting the latter. When considered functionally, however, decisions by quorum are at least as problematic as those by panels with unauthorized members. The absence …