Law Commons^™

Outsourcing Self-Regulation, Marsha Griggs

All Faculty Scholarship

Answerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private corporate interest. By outsourcing the mechanisms that control admission to the bar, the legal profession has all but surrendered the most crucial component of its gatekeeping function to an industry that profits at the expense …

Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman

All Faculty Scholarship

This essay examines the main characteristics and shortcomings of mainstream social media responses to vaccine misinformation and disinformation. Parts I and II contextualize the recent expansion of vaccine information and disinformation in the online environment. Part III provides a survey and taxonomy of ongoing responses to vaccine misinformation adopted by mainstream social media. It further notes the limitations of current self-regulatory modes and illustrates these limitations by presenting a short case study on Facebook—the largest social media vehicle for vaccine-specific misinformation, currently estimated to harbor approximately half of the social media accounts linked to vaccine misinformation. Part IV examines potential …

FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough, Ana Santos Rutschman

All Faculty Scholarship

On October 13, 2020 Facebook announced the adoption of a series of measures to promote vaccine trust “while prohibiting ads with misinformation that could harm public health efforts.” In the post written by Kang-Xing Jin (head of health) and Rob Leathern (director of product management), the company explained that the new measures were designed with an emphasis on encouraging widespread use of this yearʼs flu vaccine, as well as in anticipation of potential COVID-19 vaccines becoming available in the near future.

The changes focus mainly on the establishment of a multiprong informational campaign about the seasonal flu vaccine, which includes …

The Continuing Battle Over Net Neutrality, Mike Crawford

SLU Law Journal Online

In this article, Mike Crawford discusses how net neutrality continues to be a heated debate about who has the right and ability to create laws that will impact the way information on the Internet is viewed.

Working Well(Ness): The Impact Of The Ada Final Rule On Wellness Program Regulation And A Proposal For A Zero-Incentive Rule, Stefanie Brody

Saint Louis University Journal of Health Law & Policy

The Equal Employment Opportunity Commission (EEOC) recently amended wellness program regulation under 29 C.F.R. § 1630.14 of the Americans with Disabilities Act (ADA). Amidst criticism of the new rule, this article proposes the EEOC return to a zero-incentive policy for voluntary wellness programs that include disability-related inquiries or medical examinations. First, it reviews existing literature on wellness programs and the ADA, highlighting the legal and ethical challenges facing American workers with disabilities. Then, it explores the latest case law, illustrating the effects of the new rule compared to the proposal. By eliminating the thirty percent incentive limit and redefining “voluntary” …

From The Technical To The Personal: Teaching And Learning Health Insurance Regulation And Reform, Allison K. Hoffman, Whitney A. Brown, Lindsay Cutler

Saint Louis University Law Journal

No abstract provided.

People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline T. Kim, Erika Hanson

Saint Louis University Law Journal

No abstract provided.

Teaching A Course On Regulation Of Police Investigation—A Multi-Perspective, Problem-Oriented Course, Christopher Slobogin

Saint Louis University Law Journal

No abstract provided.

Access To Capital Or Just More Blues? Issuer Decision-Making Post Sec Crowdfunding Regulation, Patricia Hureston Lee

All Faculty Scholarship

Crowdfunding is an alternative for Issuers seeking funds for their businesses. On October 2015, the Securities Exchange Commission (SEC) released final crowdfunding regulations that became effective May 20162 as a charge of the Jobs Act, Title III (the “Crowdfund Act”). Issuers can now secure crowdfunded investments without a securities registration.

This article evaluates investment-based crowdfunding from the perspective of one group that has been neglected from the crowdfunding scholarship — Issuers that seek financing under this new framework. In Section I, the author summarizes the new crowdfund regulations, which create a new financing opportunity vastly different from previous types of …

Introducing New Users To An Old Poison: The Tobacco Industry’S Efforts To Thwart The Fda’S Regulation Of E-Cigarettes, Jennifer S. Bard

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love

Saint Louis University Public Law Review

This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …

Federal Regulation And The Problem Of Adjudication, Marcia L. Mccormick

Saint Louis University Law Journal

After decades of deregulation, the United States seems to be entering a period of re-regulation, regulation to prevent harm that many activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the crises of tomorrow, this …

Who’S Guarding The Henhouse And What Are They Doing With The Eggs (And Sperm)? A Call For Increased Regulation Of Gamete Donation And Long-Term Tracking Of Donor Gametes, Lisa M. Luetkemeyer

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Navigating Recent Challenges In The Regulation Of Affordable Housing By The Office Of Multifamily Housing, U.S. Department Of Housing And Urban Development, Lisa A. Tunick

Saint Louis University Public Law Review

No abstract provided.

Sarbanes-Oxley And Regulation Of Lawyers’ Conduct: Pushing The Boundaries Of The Duty Of Confidentiality, Christin M. Stephens

Saint Louis University Public Law Review

No abstract provided.

Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet

Saint Louis University Law Journal

No abstract provided.

The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys

Saint Louis University Law Journal

No abstract provided.

Regulating What’S Not Real: Federal Regulation In The Aftermath Of Ashcroft V. Free Speech Coalition, Kate Dugan

Saint Louis University Law Journal

No abstract provided.

Who Is Really Being Protected By Regulation Of The Communications Industry?: Implications Of American Telephone & Telegraph Co. V. Central Office Telephone, Inc., Mark C. Young

Saint Louis University Public Law Review

No abstract provided.