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Full-Text Articles in Law

A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner Dec 2014

A Failing School District And A Failing Statute: How Breitenfeld V. School District Of Clayton And The Unaccredited District Tuition Statute Nearly Destroyed A Struggling School District And Disrupted The Education Of Its Students, Jonathan K. Hoerner

Saint Louis University Law Journal

No abstract provided.


The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner Dec 2014

The Promise And Peril Of The Anti-Commandeering Rule In The Homeland Security Era: Immigrant Sanctuary As An Illustrative Case, Trevor George Gardner

Saint Louis University Public Law Review

No abstract provided.


Archcity Defenders: Municipal Courts White Paper, Thomas Harvey, John Mcannar, Michael-John Voss, Megan Conn, Sean Janda, Sophia Keskey Nov 2014

Archcity Defenders: Municipal Courts White Paper, Thomas Harvey, John Mcannar, Michael-John Voss, Megan Conn, Sean Janda, Sophia Keskey

All Faculty Scholarship

ArchCity Defenders represents St. Louis' indigent on a pro bono basis in criminal and civil legal matters while working closely with social service providers to connect clients with services. Our primary goal is to remove the legal barriers preventing our clients from accessing the housing, job training, and treatment they need to get on with their lives.

In the five years we have been doing this work, we have primarily focused on representation in the municipal courts that have jurisdiction over infractions for mostly traffic-related offenses. Our direct representation of clients in these courts and the stories they shared of …


Introduction To The Micro-­‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski Oct 2014

Introduction To The Micro-­‐‑Symposium On Scalia & Garner's “Reading Law”:The Textualist Technician, Karen Petroski

All Faculty Scholarship

Recently, the Green Bag issued a call for short (1,000 words) essays on Reading Law: The Interpretation of Legal Texts, by Antonin Scalia and Bryan Garner. We sought “[a]ny theoretical, empirical, or practical commentary that will help readers better understand the book.” The result is this micro-symposium. Our call drew dozens of micro-essays, some thought-provoking, some chuckle-prompting, and some both. Blessed with an abundance of good work but cursed by a shortage of space, we were compelled to select a small set – representative and excellent – of those essays to publish in the Green Bag and its sibling publication, …


Collaboration In The Nonprofit Sector, Dana M. Malkus Jul 2014

Collaboration In The Nonprofit Sector, Dana M. Malkus

All Faculty Scholarship

A practitioner who has had even casual contact with the nonprofit sector has undoubtedly noticed that both internal and external forces exert pressure on nonprofits to collaborate and to accomplish more with fewer resources. There are, of course, many factors driving this pressure, including the economic downturn, funder preferences, government policy changes, and the reality that many nonprofits focus on complicated issues that often require a multi-faceted approach.

In my work with the St. Louis nonprofit community, I see nonprofits grappling with this reality in a variety of ways. As practitioners, we can provide real value to our nonprofit clients …


Table Of Contents Jan 2014

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2014

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Home And Community-Based Long-Term Services And Supports: Health Reform’S Most Enduring Legacy?, Marshall B. Kapp Jan 2014

Home And Community-Based Long-Term Services And Supports: Health Reform’S Most Enduring Legacy?, Marshall B. Kapp

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Hope And Challenges In Long-Term Services And Supports, Sandra H. Johnson Jan 2014

Hope And Challenges In Long-Term Services And Supports, Sandra H. Johnson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Challenge Of Financing Long-Term Care, Judy Feder Jan 2014

The Challenge Of Financing Long-Term Care, Judy Feder

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Care Coordination For Dually Eligible Beneficiaries, Katie M. Dean, David C. Grabowski Jan 2014

Care Coordination For Dually Eligible Beneficiaries, Katie M. Dean, David C. Grabowski

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Rationalizing Home And Community-Based Services Under Medicaid, Laura D. Hermer Jan 2014

Rationalizing Home And Community-Based Services Under Medicaid, Laura D. Hermer

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Broken Promise Of Obra ’87: The Failure To Validate The Survey Protocol, Malcolm J. Harkins Iii Jan 2014

The Broken Promise Of Obra ’87: The Failure To Validate The Survey Protocol, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin Jan 2014

Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Disclosure For Closure? Why The Self-Referral Disclosure Protocol Process Paired With The 60-Day Overpayment Rule Creates More Headaches Than Solutions, Peter J. Eggers Jan 2014

Disclosure For Closure? Why The Self-Referral Disclosure Protocol Process Paired With The 60-Day Overpayment Rule Creates More Headaches Than Solutions, Peter J. Eggers

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2014

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2014

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii Jan 2014

The Uneasy Relationship Of Hobby Lobby, Conestoga Wood, The Affordable Care Act, And The Corporate Person: How A Historical Myth Continues To Bedevil The Legal System, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Consumer-Directed Healthcare By Any Other Name Would Be… Obamacare, Jeffrey B. Hammond Jan 2014

Consumer-Directed Healthcare By Any Other Name Would Be… Obamacare, Jeffrey B. Hammond

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii Jan 2014

Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii

Saint Louis University Journal of Health Law & Policy

Holistic Medicine traces its provenance to the foundational value or chrism of the Society of Jesus of cura personalis which directs respect be given to all individuals and to their souls — especially whenever medical healing is required. Today, the notion of best patient care should include not merely attention to somatic issues of refractory pain management but, equally, to non-somatic or existential suffering. It is at the end-stage of life that palliative — as opposed to curative — care must be provided. When a condition is seen as medically futile, this Article advocates palliative or deep sedation — when …


Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis Jan 2014

Patient Registries: Patient Consent When Children Become Adults, Leslie P. Francis

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Inclusion Of Pregnant Women In Clinical Research, Barbara A. Noah Jan 2014

The Inclusion Of Pregnant Women In Clinical Research, Barbara A. Noah

Saint Louis University Journal of Health Law & Policy

In the past three decades, there has been unprecedented growth in medical research utilizing human subjects, with much promise for new treatments that extend life, improve quality of life, and prevent disease and disability. Safe prescribing of drug therapies requires that researchers design clinical trials to test products for the benefit of all persons who are likely to utilize them, not just a limited population. For this reason, it is essential that clinical trials include women, pregnant women, children, and racial minorities, as appropriate, because these populations sometimes exhibit different patterns of response or adverse reactions.

Despite some significant progress …


Mobile Medical App Regulation: Preventing A Pandemic Of “Mobilechondriacs”, Nathaniel R. Carroll Jan 2014

Mobile Medical App Regulation: Preventing A Pandemic Of “Mobilechondriacs”, Nathaniel R. Carroll

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Struggle To Bury Pre-Existing Condition Consideration, Sallie Thieme Sanford Jan 2014

The Struggle To Bury Pre-Existing Condition Consideration, Sallie Thieme Sanford

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Community Benefit 501(R)Edux: An Analysis Of The Patient Protection And Affordable Care Act’S Limitations Under Community Benefit Reform, Zachary J. Buxton Jan 2014

Community Benefit 501(R)Edux: An Analysis Of The Patient Protection And Affordable Care Act’S Limitations Under Community Benefit Reform, Zachary J. Buxton

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Jan 2014

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


“Audit The Fed” From An Austrian Perspective: Financial Reform Through An Unholy Coalition Of Unwitting Misesians, Jared L. Hausmann Jan 2014

“Audit The Fed” From An Austrian Perspective: Financial Reform Through An Unholy Coalition Of Unwitting Misesians, Jared L. Hausmann

Saint Louis University Law Journal

No abstract provided.


Apprendi-Land Opens Its Borders: Will The Supreme Court’S Decision In Southern Union Co. V. United States Extend Apprendi’S Reach To Restitution?, James M. Bertucci Jan 2014

Apprendi-Land Opens Its Borders: Will The Supreme Court’S Decision In Southern Union Co. V. United States Extend Apprendi’S Reach To Restitution?, James M. Bertucci

Saint Louis University Law Journal

No abstract provided.


Who Said Learning Trusts & Estates Can’T Be Fun?, Gerry W. Beyer Jan 2014

Who Said Learning Trusts & Estates Can’T Be Fun?, Gerry W. Beyer

Saint Louis University Law Journal

No abstract provided.


Teaching Wills And Trusts: The Jurisdictional Problem, Adam J. Hirsch Jan 2014

Teaching Wills And Trusts: The Jurisdictional Problem, Adam J. Hirsch

Saint Louis University Law Journal

No abstract provided.