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2003

All Faculty Scholarship

Saint Louis University School of Law

Articles 1 - 10 of 10

Full-Text Articles in Law

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie Jan 2003

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

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The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

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Introduction, Joel K. Goldstein Jan 2003

Introduction, Joel K. Goldstein

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The Richard J. Childress Memorial Lecture has become the highpoint of the academic year at Saint Louis University School of Law. The Lecture, which honors the memory of a long-time dean and member of our faculty,[1] has been delivered each fall beginning in 2000 by a distinguished scholar on an important legal subject. Dean Jeffrey Lewis’s vision of the program was not simply to produce a typical speech on an academic topic, but to commission a preeminent scholar to write a substantial article on a critical issue and to invite responses from other thoughtful scholars and activists. Our Law Journal …

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State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman Jan 2003

State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman

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This article suggests ways that Department of Justice Attorneys who prosecute state and local law enforcement officers for violation of civil rights under 18 USC §§ 241 and 242 could use state laws that permit revocation of law enforcement officers’ licenses. Whereas federal criminal convictions of non-law enforcement defendants are close to 100%, statistics indicate that when law enforcement officers are go to trial in federal court, the conviction rate is closer to 50%. Thus, if a jury is unlikely to convict because of its natural sympathies towards the officer, prosecutor should seriously consider permitting the officer to agree to …

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Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson Jan 2003

Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson

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Looking gaunt but determined, 59 year-old Robert Tools was introduced on August 21, 2001, as a medical miracle-the first surviving recipient of a fully implantable artificial heart. At a news conference, Tools spoke with emotion about his second chance at life and the quality of his care. His physician looked on with obvious affection, grateful and honored to have extended Tools's life. Mr. Tools has since lost his battle for life, but will be remembered as a hero for undergoing an experimental technology and paving the way for other patients to undergo the procedure. Moreover, the fact that Tools was …

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Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman Jan 2003

Japan's New System Of Mixed Courts: Some Suggestions Regarding Their Future Form And Procedures, Stephen C. Thaman

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This article briefly describes the history of jury courts and lay participation in various countries, and the inter-related political and procedural reasons for introducing lay participation. It specifically focuses on the introduction of lay participation in application to Japan’s new mixed court system.

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Toward A Multiple Party Representation Model: Moderating Power Disparity, Henry Ordower Jan 2003

Toward A Multiple Party Representation Model: Moderating Power Disparity, Henry Ordower

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Argues that the zealous representation model of contemporary legal practice with its emphasis on primacy of the client causes lawyers to assist and motivate their clients to exploit the clients' power advantages in non-litigation contexts. The article recommends that ethical rules shift to a multiple client representation model. The model would be based upon the Brandeisian "lawyer for the situation" and would empower attorneys in non-litigation settings to consider and evaluate the impact of their activities on other constituencies that the representation affects. Attorneys would become better able to encourage their clients to seek distributional fairness and balance in their …

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Brown V. Board Of Education: 50 Years Later, Dana M. Malkus Jan 2003

Brown V. Board Of Education: 50 Years Later, Dana M. Malkus

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In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …

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Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo Jan 2003

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

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In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …

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Aligning Incentives With Equity: Employee Stock Options And Rule 10b-5, Matthew T. Bodie Jan 2003

Aligning Incentives With Equity: Employee Stock Options And Rule 10b-5, Matthew T. Bodie

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When the Internet boom was in full swing and the stock markets skyrocketed to new levels, companies new and old used stock options to attract and retain employees. Implicit in those options was the promise that employees could participate in the growth of a company's value. However, as the scandals involving WorldCom, Enron, and Global Crossing demonstrate, corporate managers were not always honest with employees or public investors about the company's true value. Public investors can seek civil remedies for securities fraud through a private action under the Securities and Exchange Commission's Rule 10b-5. The Rule's purchase or sale requirement, …

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Walking The Talk Of Trust In Human Subjects Research: The Challenge Of Regulating Financial Conflicts Of Interest, Robert Gatter Jan 2003

Walking The Talk Of Trust In Human Subjects Research: The Challenge Of Regulating Financial Conflicts Of Interest, Robert Gatter

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There has been a call for more stringent regulation of financial conflicts of interest in human subjects research following the deaths of several individuals who volunteered to participate in human subjects research, which deaths were linked to the financial conflicts of interest of participating researchers and research institutions. Each proposal argues that regulation is necessary to restore trust in medical research. This Article examines whether proposed strategies for regulating financial conflicts of interest are likely to achieve the goal of a trustworthy human research enterprise. It does not question whether enhancing trustworthiness is an appropriate goal; rather, it assumes that …

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