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Saint Louis University Journal of Health Law & Policy

No abstract provided.

Foreword, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

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

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

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

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 …

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 …

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 …

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.

E-Museletter: December 2019, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Getting to Know You: Mason Ramsey

Tech Tip

State Of Utah, Plaintiff And, Appellee V. Gregory Higley, Defendant And, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for Driving Under the Influence of Drugs, a class b misdemeanor; in the Fourth Judicial District, Utah County, the Honorable Thomas Low presiding

EMILY ADAMS (14937) Adams Legal LLC Counsel for Appellant

Charlotte Howard (15727) Deputy County Attorney David O. Leavitt (6990) Utah County Attorney

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …

Democracy, Participation, And Information: Complementarity Between Political And Economic Institutions, Thomas Christiano

San Diego Law Review

In this Article, I will first lay out what I describe as the crude Downsian approach to political democracy and the skepticism about democracy that this has generated. Then, I will lay out some basic problems with this approach and show how the skepticism is not warranted. I will then embark on the task of developing an alternative Downsian approach to political democracy that I think is truer to Downs’s view and that is more sophisticated and interesting. This will include a brief sketch of motivation, and an account of the economics of information in politics. I will then try …

The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro

The Scholar: St. Mary's Law Review on Race and Social Justice

Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future attempts. Even …

The Constitutional Case For "Red Flag" Laws, Timothy Zick

Popular Media

No abstract provided.

Reply—And Gentle Dissent—To Michael Blake’S “Democracy And Deference”, Maimon Schwarzschild

San Diego Law Review

Michael Blake’s interesting and obviously heartfelt Article expresses the apprehension that many, if not most, of us feel that democratic life and institutions are under stress, even in danger of failing; and Blake wants to be fair, or at least to gesture at fairness, in accounting for the problems and in his prescriptions for what to do about it. Yet, his suggestions are deeply at odds, I believe, with any viable democratic future, and—a little sadly —they illustrate how wide the gap is now, or the gulf, between the political cultures or tribes within our very divided society. One thing …

December 4, 2019: A Good Day For The Rule Of Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Good Day for the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Disconnect Between Family Law And Immigration Law In The Usa That Results In Undocumented Immigrants Losing Parental Rights, Mercedes Aznar, Sara Schechter

Publications and Research

Due to increasing violence in Latin American countries, the flow of immigrants seeking asylum in the United States has risen. In our research we look into possible legal consequences of the practice of separating immigrant families. Through the analysis of scholarly articles and legal documents we found that oftentimes, undocumented immigrants lose parental rights while being detained by the Immigration and Customs Enforcement (ICE), due to lack of coordination between Family Law and Immigration Law. Findings in this study reinforce the urgency to find solutions to this problem.

Attempts Towards A Zero-Sum Game: A Recurring Imbalance Between Individual Privacy And The Fourth Amendment, Christopher Netniss

Loyola of Los Angeles Entertainment Law Review

The digital era we live in today allows society to work, shop, socialize, and even monitor one’s health without having to leave the confines of one’s home. In a recent landmark privacy case, Carpenter v. United States, the individual privacy implications of the Fourth Amendment were strengthened when the Supreme Court held that the government must generally obtain a warrant before collecting more than six days of historical cell-site location information from a third-party service provider, like Verizon. Cell-site location information could implicate numerous Fourth Amendment concepts, such as the third-party doctrine, mosaic theory, and public exposure doctrine. Refusing to …

Actual Harm Means It Is Too Late: How Rosenbach V. Six Flags Demonstrates Effective Biometric Information Privacy Law, Chloe Stepney

Loyola of Los Angeles Entertainment Law Review

Technology is rapidly advancing, and the law is trying to keep up. While this challenge is not new, technological advancements are impacting privacy rights in unprecedented ways. Using a fingerprint to clock in at work or face identification to unlock a smartphone provides ease and convenience, but at what cost?

Currently, there is no federal law that regulates the collection, use, and storage of biometric information in the private sector. On a local level, three states have enacted laws that specifically address biometrics. Of those, the Biometric Information Privacy Act (BIPA) in Illinois provides the strongest protections for consumers, who …

Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan

Loyola of Los Angeles Entertainment Law Review

In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.

Conspiracy Allegations In The Stock Loan Market: Why Plaintiffs Should Be Seeking A Remedy In Congress And Not In Court, Danielle P. Katz

Et Cetera

This Article first provides a comprehensive analysis of conspiracy allegations in over-the-counter markets, focusing on the stock loan market as an exemplar.

Multiple conspiracy claims, implicating antitrust law, have been brought regarding over the counter markets since the financial crisis of 2008. The biggest banks in the country have been the center of novel complaints, new regulations, and innovative legislation in the recent years. But, despite regulation and legislation, Sherman Act litigation alleging conspiracy has endured as plaintiffs claim that big banks are conspiring to fix markets when, in fact, they are exercising economies of scale to provide unique, tailored …

Be Honest With Me: How Federal Regulation Of Sports Gambling Must Protect The Integrity Of The Game, Grant Ellfeldt

Loyola of Los Angeles Entertainment Law Review

On May 14, 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA). Before the Court’s decision, PASPA had entirely prohibited states from legalizing sports gambling. In light of their newfound liberty, states began to individually legalize and regulate sports gambling. The federal government did not wait long to introduce their own regulations. On December 19, 2018, Congress introduced the Sports Wagering Market Integrity Act (SWMIA). At its core, SWMIA is designed to protect the integrity of professional sports.

To protect the integrity of professional sports and prevent fraud, SWMIA must accomplish three things. First, because …

Court Issues Preliminary Injunction Against President Trump’S Ban On Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Law School News: Broadening The Perspective 12/04/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

What We've Got Here Is A Failure To Indicate, Laura A. Heymann

Popular Media

No abstract provided.

Lunchtime Talk With Diana Kearney: Strategic Litigation Against The Administration’S Migration Policies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2019 Event Invitations

CLIHHR will host Diana Kearney for a lunchtime lecture on the Administration's migration policies. Strategic litigation efforts across the US and Mexico are combating policies that strip migrants of their human and refugee rights. We will survey cases protecting these rights, including challenges to the "remain in Mexico" policy, family separation, and expedited deportations without due process. In addition, we will examine how civil society groups are coordinating efforts throughout North and Central America to protect migrants.

Diana Kearney is a Legal and Shareholder Advocacy Advisor at Oxfam America, where she focuses on corporate accountability, land rights, refugee rights, and …

Democracy And Deference: Or, Why Democracy Needs People Who Know How To Shut Up And Listen, Michael Blake

San Diego Law Review

The charge for this conference asked us to consider the future of liberal democracy given the challenges it presently faces. Two challenges in particular give me pause:

First, the issues that are most in need of governance are now happening at the transnational level. We face the possibility of an altered climate due to increased carbon emissions; increased political turbulence due to increased migration flows, including a resurgence of refugees and, of course, increased resistance to refugee admissions; and increasingly complex international processes for both the production of goods and the movement of capital. None of these issues can be …