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Full-Text Articles in Law

What Can We Learn From Amy Coney Barrett’S First Opinion?, Blake Stocke Apr 2021

What Can We Learn From Amy Coney Barrett’S First Opinion?, Blake Stocke

SLU Law Journal Online

In her first opinion, Justice Amy Coney Barrett wrote an opinion that limits the Freedom of Protection Act. In this article, Blake Stocke will explore how her opinion interprets the Act, and what we can learn from this opinion moving forward.


Election Law Originalism: The Supreme Court's Elitist Conception Of Democracy, Yasmin Dawood May 2020

Election Law Originalism: The Supreme Court's Elitist Conception Of Democracy, Yasmin Dawood

Saint Louis University Law Journal

No abstract provided.


Stretching Armstrong: How The Eighth Circuit Incorrectly Applied Supreme Court Precedent In Does V. Gillespie, Lauren E. Pair Jan 2018

Stretching Armstrong: How The Eighth Circuit Incorrectly Applied Supreme Court Precedent In Does V. Gillespie, Lauren E. Pair

Saint Louis University Journal of Health Law & Policy

Medicaid serves as an important source of health insurance for millions of Americans. One of the Act’s core tenants is the patient’s freedom to choose from any qualified and willing provider. This “freedom of choice” provision was eventually codified, and subsequent protections were put in place to protect a patient’s choice regarding family planning services. However, as states attempt to limit access to family planning services by severing their Medicaid contracts with Planned Parenthood, patients must rely on § 1983 to pursue relief in federal courts. Section 1983 provides a right of action for the violation of any ...


Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson Jan 2016

Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson

Saint Louis University Law Journal

No abstract provided.


Insider Trading In Flux: Explaining The Second Circuit’S Error In United States V. Newman And The Supreme Court’S Correction Of That Error In United States V. Salman, Taylor Essner Jan 2016

Insider Trading In Flux: Explaining The Second Circuit’S Error In United States V. Newman And The Supreme Court’S Correction Of That Error In United States V. Salman, Taylor Essner

Saint Louis University Law Journal

No abstract provided.


The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg Jan 2015

The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg

Saint Louis University Public Law Review

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.


Financing Elections And 'Appearance Of Corruption': Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson Jan 2014

Financing Elections And 'Appearance Of Corruption': Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

All Faculty Scholarship

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers ...


The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort Jan 2013

The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort

Saint Louis University Law Journal

As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the ...


If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke Jan 2013

If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke

Saint Louis University Law Journal

No abstract provided.


The Roberts Court And The Law Of Human Resources, Matthew T. Bodie Jan 2013

The Roberts Court And The Law Of Human Resources, Matthew T. Bodie

All Faculty Scholarship

The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace. The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis. This article looks at the Roberts Court's labor and employment law cases through the lens of human resources. In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players. Even if labor and employment law scholars do ...


Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering Jan 2011

Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering

Saint Louis University Public Law Review

No abstract provided.


Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore Jan 2011

Missouri’S Unemployment Crisis: The Labor And Industrial Relations Commission Ignores The Missouri Supreme Court, Anthony G. Laramore

Saint Louis University Law Journal

No abstract provided.


Choosing Justices: How Presidents Decide, Joel K. Goldstein Jan 2011

Choosing Justices: How Presidents Decide, Joel K. Goldstein

All Faculty Scholarship

Presidents play the critical role in determining who will serve as justices on the Supreme Court and their decisions inevitably influence constitutional doctrine and judicial behavior long after their terms have ended. Notwithstanding the impact of these selections, scholars have focused relatively little attention on how presidents decide who to nominate. This article contributes to the literature in the area by advancing three arguments. First, it adopts an intermediate course between the works which tend to treat the subject historically without identifying recurring patterns and those which try to reduce the process to empirical formulas which inevitably obscure considerations shaping ...


Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein Jan 2011

Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein

All Faculty Scholarship

Chief Justice Roberts has now completed five years of what is likely to be a lengthy tenure in the Court’s center seat. The quality of his institutional leadership, like that of his predecessors, resists confident contemporary assessment to a unique degree among principal offices of American government inasmuch as much of what a Chief Justice does is invisible to all but a relatively few observers, most or all of whom generally remain discreetly silent about such matters. Nonetheless, history counsels that the professional and interpersonal skill which a Chief Justice displays may substantially affect the Supreme Court and the ...


Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung Jan 2009

Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung

Saint Louis University Public Law Review

No abstract provided.


Setting The Size Of The Supreme Court, F. Andrew Hessick, Samuel P. Jordan Jan 2009

Setting The Size Of The Supreme Court, F. Andrew Hessick, Samuel P. Jordan

All Faculty Scholarship

As with any institutional feature, the size of the Supreme Court should be informed by a definition of functional goals. This article describes how the current size of the Supreme Court is largely untethered from any such definition, and it begins the process of understanding how size and Court performance might interact. To do so, it identifies a list of institutional goals for the Supreme Court and explores how changing the size of the Court promotes or obstructs the attainment of those goals. Given that the Court's institutional goals are numerous and occasionally in tension, there is no definitive ...


Out On A Limb Without Direction: How The Second Circuit’S Decision In Fox V. Fcc Failed To Adequately Address Broadcast Indecency And Why The Supreme Court Must Correct The Confusion, Andrew Smith Jan 2008

Out On A Limb Without Direction: How The Second Circuit’S Decision In Fox V. Fcc Failed To Adequately Address Broadcast Indecency And Why The Supreme Court Must Correct The Confusion, Andrew Smith

Saint Louis University Public Law Review

No abstract provided.


Passing The Buck: How The Supreme Court Could Have Sidestepped The Impact Of Its Controversial Decision In Smith V. City Of Jackson, Paul Stoehr Mar 2007

Passing The Buck: How The Supreme Court Could Have Sidestepped The Impact Of Its Controversial Decision In Smith V. City Of Jackson, Paul Stoehr

Saint Louis University Law Journal

No abstract provided.


Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii Jan 2007

Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii

Saint Louis University Public Law Review

No abstract provided.


An Excess Of Methods: Identifying Implied Fundamental Rights In The Supreme Court, Robert C. Farrell Jan 2007

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

Saint Louis University Public Law Review

No abstract provided.


Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch Jan 2006

Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch

Saint Louis University Public Law Review

No abstract provided.


Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski Jan 2006

Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski

Saint Louis University Public Law Review

No abstract provided.


Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers Jan 2006

Tiresias And The Justices: Using Information Markets To Predict Supreme Court Decisions, Miriam A. Cherry, Robert L. Rogers

All Faculty Scholarship

This Article applies the emerging field of information markets to the prediction of Supreme Court decisions. Information markets, which aggregate information from a wide array of participants, have proven highly accurate in other contexts such as predicting presidential elections. Yet never before have they been applied to the Supreme Court, and the field of predicting Supreme Court outcomes remains underdeveloped as a result. We believe that creating a Supreme Court information market, which we have named Tiresias after the mythological Greek seer, will produce remarkably accurate predictions, create significant monetary value for participants, provide guidance for lower courts, and advance ...


The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks Jan 2006

The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks

Saint Louis University Law Journal

No abstract provided.


Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston Jan 2005

Playing Hot Potato With Copa: The Supreme Court Defers Deciding Whether The Child Online Protection Act Is Constitutional Once Again, Anne S. Johnston

Saint Louis University Public Law Review

No abstract provided.


Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr. Jan 2005

Walking The Walk Of Plain Text: The Supreme Court’S Markedly More Solicitous Treatment Of Title Vii Following The Civil Rights Act Of 1991, Harold S. Lewis Jr.

Saint Louis University Law Journal

No abstract provided.


The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang Mar 2004

The Irrelevance Of Sincerity: Deliberative Democracy In The Supreme Court, John M. Kang

Saint Louis University Law Journal

No abstract provided.


Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick Jan 2004

Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick

All Faculty Scholarship

The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than ...


Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen May 2003

Judicial Epochs In Supreme Court History: Sifting Through The Fossil Record For Stitches In Time And Switches In Nine, Jim Chen

Saint Louis University Law Journal

No abstract provided.