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Saint Louis University School of Law

2019

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Articles 1 - 30 of 86

Full-Text Articles in Law

Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer Dec 2019

Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer

Saint Louis University Journal of Health Law & Policy

Amended in 2008, the Americans with Disabilities Act (ADA), with its sole mission to protect individuals with disabilities, is still gaping with holes in coverage due to recent court interpretations. One such interpretation is the lack of protection for patients being treated with legally prescribed medications. With widespread misconceptions about opioid use and its effects, employers take adverse action upon their employees seeking necessary treatment. This paper will discuss the harmful consequences of courts narrowly interpreting the ADA against coverage of these patients, as well as the potential revitalization of the ADA’s mission in pending actions.


Masthead Dec 2019

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Table Of Contents Dec 2019

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Foreword, Sidney D. Watson Dec 2019

Foreword, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.


A Program For All Seasons, Sara Rosenbaum Dec 2019

A Program For All Seasons, Sara Rosenbaum

Saint Louis University Journal of Health Law & Policy

From its beginnings as a modest health care companion to cash welfare assistance, Medicaid has become foundational to the American health care system. Medicaid’s success in insuring the poor while continually evolving in response to countless emerging health needs is the result of its public health character, which represents a fundamental departure from the eligibility and coverage strictures and norms on which other forms of insurance depend.


Medicaid’S Role For Seniors And People With Disabilities: Current State Trends, Marybeth Musumeci Dec 2019

Medicaid’S Role For Seniors And People With Disabilities: Current State Trends, Marybeth Musumeci

Saint Louis University Journal of Health Law & Policy

Medicaid fills a gap in the U.S. health care system as the primary payor for long-term services and supports (LTSS). These services enable seniors, people with disabilities, and those with chronic illnesses to live independently in the community, outside of nursing homes and other institutions. Most Medicaid home and community-based services (HCBS) are covered at state option, unlike nursing home care, which all state Medicaid programs must cover. States have substantial flexibility in designing their Medicaid HCBS programs under federal law, and Medicaid provides an important source of federal funding to states to help meet the LTSS needs of seniors …


Justice And The Struggle For The Soul Of Medicaid, Dayna Bowen Matthew Dec 2019

Justice And The Struggle For The Soul Of Medicaid, Dayna Bowen Matthew

Saint Louis University Journal of Health Law & Policy

The soul of Medicaid is and always has been to achieve justice in health care. Medicaid at its inception was designed to ensure that the most vulnerable members of society are not excluded from access to good health that all others enjoy. Yet, as the title of this symposium aptly reflects, “The Struggle for the Soul of Medicaid” remains vulnerable to repeated and relentless political attacks. Why is this so, given that the program finances care for nearly sixty-four million Americans?

This article posits that Medicaid is vulnerable because our nation’s commitment to justice in health care remains uncertain. Historically, …


The Administration’S Medicaid Waivers: Exploding In The Guise Of Experimenting, Jane Perkins Dec 2019

The Administration’S Medicaid Waivers: Exploding In The Guise Of Experimenting, Jane Perkins

Saint Louis University Journal of Health Law & Policy

Congress enacted the Medicaid Act with the stated purpose of furnishing medical assistance to low-income people. Medicaid participation is not required of a state, but if a state does choose to participate—which they all do—the federal government will contribute the lion’s share of the cost of providing care. In return, the state agrees to pay the remaining costs of care. The state must also adhere to the detailed regulatory scheme Congress placed in the Medicaid Act, including requirements for determining eligibility for the program and the scope and affordability of coverage. Section 1115 of the Social Security Act authorizes the …


Hypothesizing A Small Opioid Mdl Settlement: An Argument For Local Public Health Action And Lessons From Big Tobacco, Ashton K. Dietrich Dec 2019

Hypothesizing A Small Opioid Mdl Settlement: An Argument For Local Public Health Action And Lessons From Big Tobacco, Ashton K. Dietrich

Saint Louis University Journal of Health Law & Policy

In response to the opioid epidemic, counties and cities across the United States waged In re: National Prescription Opiate Litigation, better known as the opioid MDL, against manufacturers and distributors of opioids. The county and city plaintiffs appear to have taken their litigation strategy straight from Big Tobacco playbook of the 1990s. This is to the great disdain of state attorneys general, who fronted Big Tobacco litigation with state-sponsored parens patriae litigation.

The state attorneys general vehemently assert that the MDL claims are the province of state governments rather than local governments. However, the attorney general-led Big Tobacco litigation …


Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe Dec 2019

Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe

Saint Louis University Journal of Health Law & Policy

Public health law has been a growing field over the last few decades. From the early days of its initial recognition as an academic and professional field to its more recent texts and treatises, public health law is continuing to define itself. To that end, Burris et al. recently published two works describing a transdisciplinary model of public health law and five essential services of public health law.

This article examines how the inclusion of social work in the model can be instrumental in forming better public health laws. The intentional inclusion of social work collaborators would supplement legal and …


Sales Tax For Remote Sellers: Missouri’S Response In A Post-Wayfair World, Hannah Meehan Nov 2019

Sales Tax For Remote Sellers: Missouri’S Response In A Post-Wayfair World, Hannah Meehan

SLU Law Journal Online

Hannah Meehan discusses the removal of the "physical presence" requirement following South Dakota v. Wayfair and Missouri's potential responses.


Got Milk: The Labeling Crisis Taking Over The Nation, Eric Harmon Nov 2019

Got Milk: The Labeling Crisis Taking Over The Nation, Eric Harmon

SLU Law Journal Online

The article by Eric Harmon is about the regulatory definition of milk, which defines it narrowly, and the FDA’s potential action to begin enforcing it. The article is focused on that potential and its impact on the plant-based milk industry and labeling of plant-based milks.


Airborne Argus?: St. Louis, Persistent Surveillance Systems, And Stabilizing The Lofty Aims Of Fourth Amendment Jurisprudence, Jacob Schlosser Nov 2019

Airborne Argus?: St. Louis, Persistent Surveillance Systems, And Stabilizing The Lofty Aims Of Fourth Amendment Jurisprudence, Jacob Schlosser

SLU Law Journal Online

In October of last year, the City of St. Louis considered implementing an unprecedented aerial surveillance program. In this article, Jacob Schlosser discusses this powerful but legally questionable system.


Geographic Indicators: Unexpected Fodder In Brexit Negotiations, Libby Mckown Oct 2019

Geographic Indicators: Unexpected Fodder In Brexit Negotiations, Libby Mckown

SLU Law Journal Online

The future of intellectual property, especially geographical indications, in the UK is increasingly murky. Libby McKown explores what will happen if GIs are used in the fray of hard negotiations about Brexit.


The First Step Act: Filling The Gap In Missouri, Christopher Doyle-Lohse Oct 2019

The First Step Act: Filling The Gap In Missouri, Christopher Doyle-Lohse

SLU Law Journal Online

Although the federal government’s First Step Act is a move in the right direction when it comes to addressing criminal justice in America, states bear the responsibility of doing their part. In this article, Christopher Doyle-Lohse addresses the gaps Missouri must fill to achieve criminal justice reform.


The Right To Deregulate: The Cfpb’S Authority To Remove The Ability-To-Pay Requirement As It Pertains To Payday Lenders, Ben Davisson Sep 2019

The Right To Deregulate: The Cfpb’S Authority To Remove The Ability-To-Pay Requirement As It Pertains To Payday Lenders, Ben Davisson

SLU Law Journal Online

The Consumer Financial Protection Bureau is proposing to rescind the rule requiring payday lenders to assess a borrower's ability to repay the loan. This article by Ben Davisson explores the Bureau's authority to rescind its own rule despite the potentially harmful effects on vulnerable low-income consumers.


'The' Ohio State University's Newest Trademark Application Draws Public Backlash, Alex Baldwin Sep 2019

'The' Ohio State University's Newest Trademark Application Draws Public Backlash, Alex Baldwin

SLU Law Journal Online

Ohio State University's attempt to trademark the word 'the' has been described as over broad and an attempt to abuse trademark protections. Alex Baldwin provides a look at other trademark applications that drew criticism from the general public, which might give insight to the application's fate.


Evolving Societal Norms And The Fourth Amendment: Government Tracking Of Cellphone Locations In An Era Of Commercial Tracking, Paul Tahan Apr 2019

Evolving Societal Norms And The Fourth Amendment: Government Tracking Of Cellphone Locations In An Era Of Commercial Tracking, Paul Tahan

SLU Law Journal Online

In Carpenter v. United States, the Supreme Court found that a warrant was required to obtain historical location data obtained from cell-site records connected with cellphone use. In this article, Paul Tahan examines whether this holding is likely to remain good law in an era where the GPS location of a smartphone is becoming increasingly public.


Transgender Rights And The Missouri Human Rights Act: An Overview Of R.M.A. V. Blue Springs R-Iv School District, Michael Scott Apr 2019

Transgender Rights And The Missouri Human Rights Act: An Overview Of R.M.A. V. Blue Springs R-Iv School District, Michael Scott

SLU Law Journal Online

In this article, Michael Scott discusses how the Missouri Supreme Court, in R.M.A. v. Blue Springs R-IV School District, held that a transgender student had pled sufficient facts that his school district had discriminated against him on the grounds of his sex to survive a motion to dismiss.


Untangling The Nlrb Joint-Employer In 2019, Adrian Mehdirad Apr 2019

Untangling The Nlrb Joint-Employer In 2019, Adrian Mehdirad

SLU Law Journal Online

Recently the National Labor Relations Board has sought to change the joint-employer standard for the third time over the past 5 years, leaving employers, employees, and unions uncertain about the entire situation. In this article, Adrian Mehdirad discusses how to interpret the most recent NLRB standard.


A Cursory Overview Of The St. Louis City-County Merger Proposal, Nick Luisetti Apr 2019

A Cursory Overview Of The St. Louis City-County Merger Proposal, Nick Luisetti

SLU Law Journal Online

In this article, Nick Luisetti summarizes the Better Together Coalition's proposal to merge the St. Louis City and County governments, and potential consequences to follow if the proposal passes a state-wide vote.


Discharging Student Loans In Bankruptcy, Zachary Langrehr Mar 2019

Discharging Student Loans In Bankruptcy, Zachary Langrehr

SLU Law Journal Online

This article by Zachary Langrehr discusses the Private Student Loan Bankruptcy Fairness Act of 2019 and provides an overview of the current law governing the dischargeability of private educational debt.


President Donald Trump Has The Authority To Build The Wall Using Executive Funds, Jason Kusnerick Mar 2019

President Donald Trump Has The Authority To Build The Wall Using Executive Funds, Jason Kusnerick

SLU Law Journal Online

In this article, Jason Kusnerick argues that President Donald Trump has the authority to build the wall on the southern border of the U.S. by using executive funds against Congressional approval.


The Supreme Court To Consider Warrantless Blood Draws, Javairia Khan Mar 2019

The Supreme Court To Consider Warrantless Blood Draws, Javairia Khan

SLU Law Journal Online

In this article, Javairia Khan discusses how the Supreme Court has granted certiorari to hear a Wisconsin case about the constitutionality of warrantless blood draws of unconscious motorists.


Missouri: The Puppy Mill Capital Of The World, Jared Jones Mar 2019

Missouri: The Puppy Mill Capital Of The World, Jared Jones

SLU Law Journal Online

Some suggest Missouri should adopt a law like California’s banning the retail sale of non-rescue dogs. Jared Jones argues that this would do little to change the state's reputation as the puppy mill capital of the world. Instead, Missouri must regulate breeders more restrictively.


An Ohio 'Test' Case Could Have Major Impact On Nation’S Fight Against Opioids, Jack James Mar 2019

An Ohio 'Test' Case Could Have Major Impact On Nation’S Fight Against Opioids, Jack James

SLU Law Journal Online

State and local governments across the country are filing lawsuits against a number of companies they claim are liable for the nation's opioid crisis. One of the first major cases will play out this October in Ohio. Jack James discusses how its outcome could be determinative of what direction the fight is heading.


[Dis]Integration: Second-Order Diversity And Schools, Anders Walker Mar 2019

[Dis]Integration: Second-Order Diversity And Schools, Anders Walker

All Faculty Scholarship

This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.


Six Myths Of Capping Pain And Suffering Damages, Katherine Hubbard Feb 2019

Six Myths Of Capping Pain And Suffering Damages, Katherine Hubbard

SLU Law Journal Online

States have been split on whether to uphold or drop non-economic damage caps on damages for decades, hoping to lower medical malpractice lawsuits and insurance premiums for physicians. In this article, Katherine Hubbard discusses six of the many myths surrounding the debate.


The Beginning Of The Next Bac Revolution?, Ginny Hogan Feb 2019

The Beginning Of The Next Bac Revolution?, Ginny Hogan

SLU Law Journal Online

In 1983, Utah led the charge in drunk-driving enforcement, lowering its legal BAC from 0.10 to 0.08. Now the Beehive State has once again lowed legal BAC limits. Ginny Hogan discusses whether this is the start of another BAC revolution.


Quotas: California’S Attempt To Crack Down On The Glass Ceiling, Jessica Gottsacker Feb 2019

Quotas: California’S Attempt To Crack Down On The Glass Ceiling, Jessica Gottsacker

SLU Law Journal Online

California's law requiring a minimum number of women as board directors for the state's publicly held companies went into effect Jan. 1, 2019. The law aims for corporate equality, but it may face several legal battles before the end of the year. Jessica Gottsacker explains some of the law's shortcomings.