Law Commons^™

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon

Saint Louis University Law Journal

No abstract provided.

Beyond Disability Rights: A Way Forward After The 2020 Election, Robyn M. Powell

Saint Louis University Journal of Health Law & Policy

Throughout Donald Trump’s presidency, people with disabilities and other historically marginalized communities experienced incessant attacks on their rights. From continuous attempts to repeal the Affordable Care Act, to decreased enforcement of federal disability rights laws, to reductions to social safety net programs, to the intentional disregard of the COVID-19 pandemic, Trump’s presidency threatened nearly every facet of disabled people’s lives. However, even before the Trump administration, people with disabilities experienced a range of pervasive and persistent social, economic, and health inequities. Moreover, many of these injustices endure today—nearly two years since President Trump left office.

The disability rights movement originated …

Making Rights Meaningful: Advocating For Simple Changes In Federal Agency Practice To Promote Health Equity, Mary Quandt

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Rights Not Fundamental: Disability And The Right To Marry, Gabriella Garbero

Saint Louis University Journal of Health Law & Policy

Disabled people have long been systematically excluded from marriage, despite its personal, religious, cultural, and symbolic importance, and despite it being treated as a fundamental right in other contexts. This exclusion has been perpetuated by arcane laws that require Social Security and Medicaid beneficiaries to include their spouse’s income and assets in eligibility calculations. Since eligibility is contingent upon very little income and very few assets, couples who marry and intend to keep benefits are forced to live far below the poverty line in order to meet income and asset criteria, and many people are unable to make such a …

Human Rights And Disinformation Under The Trump Administration: The Commission On Unalienable Rights, Robert C. Blitt

Saint Louis University Law Journal

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and disinformation. This penchant for falsehood and distortion did not spare U.S. human rights policy. The administration’s decision to establish a Commission on Unalienable Rights (COUR) represented a high-water mark in its campaign to subvert international human rights norms.

After introducing key concepts relating to misinformation and disinformation, this article reviews the establishment of the COUR and the substance of its …

Data Battles, Platform Shutdowns, And Digital Rights In Surveillance: Labor Politics In The Online Sex Industry, Winifred R. Poster

Saint Louis University Law Journal

Sex workers are often portrayed as groups with little authority over their jobs. But lately they are making much use of online spaces, both large scale public-facing platforms and their own smaller websites. Taking a deeper ethnographic look into their online activities, I recount a story of highly adept, technologically proficient, and expert digital navigation by sex workers online.

The analysis follows the trajectory of platforms in the online sex industry over the last two decades. First it charts the rise of platforms for matching, reviewing, and identity verification, many of which developed roughly around the 2000s, and their impact …

“To Corral And Control”: Stop, Frisk, And The Geography Of Freedom, Anders Walker

All Faculty Scholarship

This article revisits the emergence of stop and frisk law in the 1960s to make three points. One, the impetus for formalizing police stops arose midst confusion generated by Mapp v. Ohio, the landmark Warren Court opinion incorporating the exclusionary rule to the states. Two, police over-reactions to Mapp intersected with fears of urban riots, leading to a formalization of stop and frisk rules that aimed at better containing inner city minority populations. Three, the heightened control of urban streets coupled with the heightened protection of the private home bore geographic implications, interiorizing liberty in ways that perpetuated a national …

Rights Without A Base: The Troubling Ambiguity At The Heart Of Constitutional Law, Stephen A. Simon

Saint Louis University Law Journal

No abstract provided.

Constitutional Entitlements To And In Courts: Remedial Rights In An Age Of Egalitarianism: The Childress Lecture, Judith Resnik

Saint Louis University Law Journal

No abstract provided.

Emphasizing Voting Rights In And Out Of The Classroom: A Service Learning Model Toward Achieving A Just Democracy, Denise Lieberman

Saint Louis University Law Journal

No abstract provided.

When Gangs Were White: Race, Rights, And Youth Crime In New York City, 1954–1964, Anders Walker

Saint Louis University Law Journal

No abstract provided.

Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder

Saint Louis University Law Journal

No abstract provided.

Maine Election Law: Do Maine’S Petition Signature Requirements Deprive Third-Party Candidates Of Equal Protection And Freedom Of Association Rights?, David W. Morin

Saint Louis University Law Journal

No abstract provided.

Teaching Immigration Law And Immigrant Rights From Your Own Caseload, Bill Ong Hing

Saint Louis University Law Journal

No abstract provided.

The Continued Need For The Voting Rights Act: Examining Second-Generation Discrimination, Jenigh J. Garrett

Saint Louis University Public Law Review

No abstract provided.

An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman

Saint Louis University Public Law Review

In Northwest Austin Municipal Utility District Number One v. Holder (“NAMUDNO”), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term’s most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called “bailout” from continued coverage under this provision. Even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground.

A revised bailout system is likely the best approach for …

Transsexual Law Unconstitutional: German Federal Constitutional Court Demands Reformation Of Law Because Of Fundamental Rights Conflict, Gregory A. Knott

Saint Louis University Law Journal

No abstract provided.

The Death Penalty Of Civil Cases: The Need For Individualized Assessment & Judicial Education When Terminating Parental Rights Of Mentally Ill Individuals, Stephanie N. Gwillim

Saint Louis University Public Law Review

No abstract provided.

From Ballots To Bullets: District Of Columbia V. Heller And The New Civil Rights, Anders Walker

All Faculty Scholarship

This article posits that the Supreme Court's recent Second Amendment ruling District of Columbia v. Heller is a victory for civil rights, but not in the sense that most activists from the 1960s would recognize. Rather than a product of mid-century legal liberalism, Heller marks the culmination of almost forty years of coalition-based popular constitutionalism aimed at transforming the individual right to bear arms and the common law right to "employ deadly force in self-defense" into new civil rights. The implications of this are potentially great. By declaring the right to use deadly force in self-defense an "essential" right, the …

An Excess Of Methods: Identifying Implied Fundamental Rights In The Supreme Court, Robert C. Farrell

Saint Louis University Public Law Review

No abstract provided.

Reconciling The Conflicting Rights Of Victims And Defendants At The International Criminal Court, Mugambi Jouet

Saint Louis University Public Law Review

No abstract provided.

Rights As A Functional Guide For Service Provision In Homeless Advocacy, Nestor M. Davidson

Saint Louis University Public Law Review

No abstract provided.

The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick

All Faculty Scholarship

This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …

When Conflicting Rights Collide: Dealing With Sexually Aggressive Students With Disabilities, P. Tyson Bennett

Saint Louis University Public Law Review

No abstract provided.

U.S. Ratification Of The Convention On The Rights Of The Child, John Quigley

Saint Louis University Public Law Review

No abstract provided.

Why The United States Should Not Ratify The Convention On The Rights Of The Child, Richard G. Wilkins, Adam Becker, Jeremy Harris, Donlu Thayer

Saint Louis University Public Law Review

No abstract provided.

Hill V. Colorado And The Evolving Rights Of The Unwilling Listener, James J. Zych

Saint Louis University Law Journal

No abstract provided.

Union Rights, No Dues: In Re Epilepsy Foundation And The Nlrb’S Extension Of Weingarten Rights To Nonunion Employees, Ladawn L. Ostmann

Saint Louis University Law Journal

No abstract provided.

Prior User Rights For Business Method Patents, Robert C. Haldiman

Saint Louis University Public Law Review

No abstract provided.