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Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel Dec 2012

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …


Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski Oct 2012

Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski

All Faculty Scholarship

To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …


Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion, Kevin Outterson, Laura Hermer, Nicole Huberfeld, Elizabeth Weeks Leonard, Sara Rosenbaum, Sidney D. Watson May 2012

Brief Of Amici Curiae Health Law & Policy Scholars And Prescription Policy Choices In Support Of Respondents On The Constitutional Validity Of The Medicaid Expansion, Kevin Outterson, Laura Hermer, Nicole Huberfeld, Elizabeth Weeks Leonard, Sara Rosenbaum, Sidney D. Watson

All Faculty Scholarship

The Medicaid expansion in Section 2001(a)(1)(C) of the Patient Protection and Affordable Care Act is one part of Congress’s comprehensive effort to expand access to health care coverage. This expansion is not revolutionary, but builds on many prior statutory amendments to Medicaid. Nor does it alter the voluntary nature of the Medicaid program – as before, States remain free to decline federal funding. The Petitioners and their amici have mischaracterized the expansion to obscure these facts, hoping this Court will unravel this hard-fought legislative enactment.

The question presented is whether Congress may offer States generous additional funding for Medicaid, with …


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Public Law Review

No abstract provided.


Introduction, Roger L. Goldman Jan 2012

Introduction, Roger L. Goldman

Saint Louis University Public Law Review

No abstract provided.


Foreword, Patrick Eckelkamp, Lindsay L. Mcclure-Hartman Jan 2012

Foreword, Patrick Eckelkamp, Lindsay L. Mcclure-Hartman

Saint Louis University Public Law Review

No abstract provided.


Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons Jan 2012

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Saint Louis University Public Law Review

No abstract provided.


The Numbers Dilemma: The Chimera Of Modern Police Accountability Systems, James F. Gilsinan Jan 2012

The Numbers Dilemma: The Chimera Of Modern Police Accountability Systems, James F. Gilsinan

Saint Louis University Public Law Review

No abstract provided.


Institutionalizing Police Accountability Reforms: The Problem Of Making Police Reforms Endure, Samuel Walker Jan 2012

Institutionalizing Police Accountability Reforms: The Problem Of Making Police Reforms Endure, Samuel Walker

Saint Louis University Public Law Review

No abstract provided.


Limited Leverage: Federal Remedies And Policing Reform, Rachel Harmon Jan 2012

Limited Leverage: Federal Remedies And Policing Reform, Rachel Harmon

Saint Louis University Public Law Review

No abstract provided.


Illegal Searches In Chicago: The Outcomes Of 42 U.S.C. § 1983 Litigation, Mark Iris Jan 2012

Illegal Searches In Chicago: The Outcomes Of 42 U.S.C. § 1983 Litigation, Mark Iris

Saint Louis University Public Law Review

No abstract provided.


Police Training As An Instrument Of Accountability, David A. Klinger Jan 2012

Police Training As An Instrument Of Accountability, David A. Klinger

Saint Louis University Public Law Review

No abstract provided.


A Model Decertification Law, Roger L. Goldman Jan 2012

A Model Decertification Law, Roger L. Goldman

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 2012

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 2012

Masthead

Saint Louis University Public Law Review

No abstract provided.


Fixing The Unfixable: Community Prosecution As A Problem-Solving Strategy To Reduce Crime And Restore Order In East St. Louis, Nicholas W. Klitzing Jan 2012

Fixing The Unfixable: Community Prosecution As A Problem-Solving Strategy To Reduce Crime And Restore Order In East St. Louis, Nicholas W. Klitzing

Saint Louis University Public Law Review

No abstract provided.


Not In My Backyard: Turner V. Clayton And The Battle Over Mandatory Open Enrollment, Lindsay L. Mcclure-Hartman Jan 2012

Not In My Backyard: Turner V. Clayton And The Battle Over Mandatory Open Enrollment, Lindsay L. Mcclure-Hartman

Saint Louis University Public Law Review

No abstract provided.


Foreword, Margaret Eveker, Emma Schuering Jan 2012

Foreword, Margaret Eveker, Emma Schuering

Saint Louis University Public Law Review

No abstract provided.


Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown Jan 2012

Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown

Saint Louis University Public Law Review

No abstract provided.


The Two Countermajoritarian Difficulties, Or Bassok Jan 2012

The Two Countermajoritarian Difficulties, Or Bassok

Saint Louis University Public Law Review

In recent years, the countermajoritarian difficulty has split into two. According to its traditional version, the difficulty arises when unaccountable Justices strike down statutes passed by electorally accountable branches of government. According to the newer, literal version, the difficulty arises when Justices strike down statutes that are supported by the majority according to public opinion polls. By explicating the difference between the two versions of the difficulty, I expose the deep influence of public opinion polls on American constitutional thought. For many years, scholars conflated the two difficulties under one banner and offered normative justifications for the Court’s countermajoritarian authority. …


Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner Jan 2012

Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner

Saint Louis University Public Law Review

No abstract provided.


Limiting The Ways To Skin A Cat—An End To The 20 Year Perplexity Of The Cat’S Paw Theory In Staub V. Proctor?, Timothy Powderly Jan 2012

Limiting The Ways To Skin A Cat—An End To The 20 Year Perplexity Of The Cat’S Paw Theory In Staub V. Proctor?, Timothy Powderly

Saint Louis University Public Law Review

No abstract provided.


The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick Jan 2012

The Failure Of The Tribal Law And Order Act Of 2010 To End The Rape Of American Indian Women, Samuel D. Cardick

Saint Louis University Public Law Review

No abstract provided.


Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric Merlin Powell Jan 2012

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric Merlin Powell

Saint Louis University Public Law Review

No abstract provided.


Al-Bihani V. Obama & Congressional Testimony On Targeted Killings: Evaluating Custom As A Source Of Law In The War On Terror, Chester H.L. Hutchinson Jan 2012

Al-Bihani V. Obama & Congressional Testimony On Targeted Killings: Evaluating Custom As A Source Of Law In The War On Terror, Chester H.L. Hutchinson

Saint Louis University Public Law Review

No abstract provided.


What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah M. Hussey Freeland Jan 2012

What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah M. Hussey Freeland

Saint Louis University Public Law Review

This paper engages with the central question in legal ethics concerning the lawyer’s role, analyzing this fundamental question in terms of professional identity. Literature in this debate frames the lawyer either as a professional who exists entirely to serve her client (the “standard conception”), or as a professional whose primary duties are to the legal system. I reposit and examine the lawyer’s professional identity as an officer of the court—an identity marginalized by those who favor the standard conception—noting that “standard conception” was coined to draw attention to a supplanting threat to legal professionalism. Providing a uniquely detailed examination of …


Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner Jan 2012

Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner

All Faculty Scholarship

This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …


New Nip In The Bud: Does The Obama Board's Preemptive Strike Doctrine Enhance Tactical Employment Law Strategies?, Michael C. Duff Jan 2012

New Nip In The Bud: Does The Obama Board's Preemptive Strike Doctrine Enhance Tactical Employment Law Strategies?, Michael C. Duff

All Faculty Scholarship

In this essay I revisit the classic debate concerning when worker activity is sufficiently “concerted” to be covered by the National Labor Relations Act, a statute covering certain private sector protected “concerted” activity by workers. When workers are obviously engaged in concerted “labor” activity — classically activity like striking, picketing, or even just complaining about working conditions — they are generally protected against employer reprisal for doing so. Over the last few decades there has been disagreement about the definition and limits of “concert.” My renewed interest in this dormant but not dead subject was piqued by the “Obama Board’s” …


Teaching Bush V. Gore As History, Richard L. Hasen Jan 2012

Teaching Bush V. Gore As History, Richard L. Hasen

Saint Louis University Law Journal

No abstract provided.