Law Commons^™

United States V. Arias: Can The Confrontation Clause Compel Discovery?, Ryan Gallagher

SLU Law Journal Online

In United States v. Arias, the Eighth Circuit ordered documents to be produced on the basis of the Confrontation Clause. Despite creating a circuit split, in this article Ryan Gallagher argues that the holding is correct.

Rios V. Bayer: The Illinois Supreme Court Recognizes Bristol-Myers Squibb, Jamison Winters

SLU Law Journal Online

Madison County, Illinois is a favorite venue among forum shoppers. Jamison Winters discusses how, by recognizing Bristol-Myers Squibb’s narrowing of the relatedness standard in specific personal jurisdiction, the recent Illinois Supreme Court decision in Rios v. Bayer may work to discourage forum shopping in venues like Madison County.

The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko

SLU Law Journal Online

President Trump signed the Due Process Protections Act into law on October 21, 2020. Allyson Benko discusses how Federal judges must now remind prosecutors on the record of their obligation under Brady v. Maryland to disclose exculpatory evidence to the defense in every criminal case.

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 …

Poll Watching: You And What Army? An Analysis Of Voter Intimidation Concerns In The 2020 Presidential Election, Emma Lapp

SLU Law Journal Online

In light of President Donald Trump's recent calls for his supporters to monitor polling places, Emily Lapp discusses the differences between lawful poll watching and voter intimidation.

The Further Downfalls Of Dcfs During The Covid-19 Pandemic, Josie Finch

SLU Law Journal Online

The COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.

Filling A Supreme Court Vacancy: The Legality Of Confirming Amy Coney Barrett During An Election Year, Ryan Krutz

SLU Law Journal Online

In light of the recent Supreme Court nomination of Amy Coney Barrett by President Donald Trump, Ryan Krutz discusses the legality of confirming her during a presidential election year.

Top Executives Forgoing Their Salaries In The Face Of Covid-19: A Benevolent Act Or Deceitful Trick?, Lauren Sullivan

SLU Law Journal Online

As financial hardship hits us all in the wake of COVID-19, affluent executives of top companies have announced relinquishment of their 2020 salaries. While appearing to be to sharing the financial suffering with their lower employees, Lauren Sullivan dives into the question of how much these executives are really “sacrificing.”

Raising The Stakes: When A Supreme Court Justice Dies During An Election Year, Erin O'Leary

SLU Law Journal Online

In light of the recent passing of Supreme Court Justice Ruth Bader Ginsburg, Erin O'Leary discusses what Justice Ginsburg’s death means for the election and the future of the Supreme Court.

The Spooky Side To A Seller’S Market, Lindsey Fafoglia

SLU Law Journal Online

Halloween is creeping closer, which means many people will be watching scary movies, telling ghost stories, and visiting haunted houses. While you might want to keep the hauntings out of your own home, you could be at the will of the seller. Lindsey Fafoglia analyzes seller's disclosure laws as they relate to paranormal activity.

Space Force: Battle Of The Trademarks, Sinead Mcgonagle

SLU Law Journal Online

Sinead McGonagle analyzes the implications and potential legal issues of both the U.S. Government and Netflix's use of the term "Space Force" under current trademark law.

The End Of Cash Bail: As Simple As Sending A Text Message?, Dylan Ashdown

SLU Law Journal Online

Pre-trial detainees make up more than 70% of the U.S. jail population. Dylan Ashdown discusses the frequently discriminatory bail practices across the United States and how some jurisdictions are starting to do away with cash bail.

Tiktok Is On The Clock, Will Democracy Stop?, Jenna Koleson

SLU Law Journal Online

On August 6, 2020, President Trump issued an executive order to deal with a supposed national emergency: TikTok. Jenna Koleson discusses how this severe response to abstract national security concerns sets a dangerous precedent for democracy.

The Future Of Electioneering In Wyoming, Alex Beezley

SLU Law Journal Online

Wyoming's electioneering law is among the most expansive in the country. In this article, Alex Beezley examines a recently filed lawsuit challenging the law and predicts how the court will decide the case based on the Supreme Court's reasoning in Burson v. Freeman.

Resolving Tensions Between Disability Rights Law And Covid-19 Mask Policies, Elizabeth Pendo, Robert Gatter, Seema Mohapatra

All Faculty Scholarship

As states reopen, an increasing number of state and local officials are requiring people to wear face masks while out of the home. Grocery stores, retail outlets, restaurants and other businesses are also announcing their own mask policies, which may differ from public policies. Public health measures to stop the spread of the coronavirus such as wearing masks have the potential to greatly benefit millions of Americans with disabilities, who are particularly vulnerable to the impact of COVID-19. But certain disabilities may make it difficult or inadvisable to wear a mask.

Mask-wearing has become a political flashpoint, putting people with …

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.

An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, M. Killian Kinney

Saint Louis University Journal of Health Law & Policy

The lesbian, gay, bisexual, transgender (inclusive of nonbinary), and queer (collectively, LGBTQ) community is experiencing health inequities at alarming rates. From behavioral health issues, to violence issues, to increased rates of homelessness, structural stigma impacts LGBTQ communities at a disproportionate rate. Suicide numbers are particularly concerning. The LGB community rate of suicide is two to three times that of the general population. For the transgender and nonbinary community, that number soars to nearly nine times that of the general population. In this article, we examine the social determinates of health impacting the LGBTQ community and the ways structural stigma supports …

#Metoo Meets The Emergency Room: Providing And Paying For Care After A Sexual Assault, Stacey L. Worthy, Shruti R. Kulkarni, Taylor J. Kelly, Jessica Johnson

Saint Louis University Journal of Health Law & Policy

Sexual assault continues to be a major public health problem in the United States. Compounding the problem, survivors of sexual assault all too often face challenges of obtaining and paying for sexual assault forensic exams (SAFEs), commonly referred to as a “rape kit,” and related medical services. Sexual assault survivors who do seek medical care in the emergency department (ED) are often turned away for several reasons, such as EDs determining that sexual assault is not an emergency medical condition, failing to carry SAFEs, or refusing to treat survivors who lack proof of insurance. Denial of care can …

Damage Control Interdisciplinarity: An Antidote To Death Despair In Military Medicine, Erika "Ann" Jeschke

Saint Louis University Journal of Health Law & Policy

“Diseases of despair” is a conceptually broad category used to describe the phenomenon of premature mortality caused by suicide, drug poisoning, and alcoholic liver disease. Central to this conceptualization of mortality is that death occurs too early in an entire population of individuals infected with social despair. Implicit in the diseases of despair construct is a powerful normative claim about the manner and time of death—that death is bad if it is contextualized in unwanted conditions and happens before reaching midlife. As such, diseases of despair ought to be reduced, if not eliminated. Interestingly, military medical research on combat casualties …

A Practical Policy Proposal To Solve The Rural Hospital Puzzle, Brandon M. Hall

Saint Louis University Journal of Health Law & Policy

Since the 1980s, waves of rural hospital closures have intermittently plagued the U.S. health care landscape. Although the Affordable Care Act and its expansion of Medicaid have provided a vital lifeline to rural hospitals over the last decade, policy makers have yet to implement a permanent solution powerful enough to stabilize and offset the institutional and populational constraints that have promulgated the widespread hospital closure crisis plaguing rural communities.

This article argues that rural hospitals need to repurpose themselves to better serve the demands of their patient populations in order to survive the unique demographic and economic challenges they face. …

Taking The Politics Out Of Vaccines: Increasing Vaccination Rates Without Repealing Exemptions, Kylie A. Thompson

Saint Louis University Journal of Health Law & Policy

Vaccinations have become a vital part of disease prevention and public health; however, they remain a controversial topic in our society today. Non-medical exemptions to mandatory vaccination laws are the core of most of the controversy surrounding vaccinations. This Comment examines the controversy surrounding vaccinations and proposes interventions communities can adopt to increase vaccination rates without repealing non-medical exemptions to mandatory vaccination laws.

The Importance Of Standardized Data Collection And Reporting In Improving Medical Care For Immigration Detainees, Allison Michelle Bowen

Saint Louis University Journal of Health Law & Policy

The provision of substandard medical care for immigration detainees has become somewhat of a norm for some time now. From October 1, 2003 to June 5, 2017, alone, there were a total of 172 deaths in ICE custody. This number is only rising as the number of detainee beds increases and ICE continues to not be held accountable. Presently, there lacks a mechanism for oversight and accountability of ICE. This Comment suggests that requiring standardized data collection and reporting efforts is a crucial first step towards improving the medical care for immigration detainees and creating a mechanism for oversight and …

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Killing Wotus 2015: Why Three Rulemakings May Not Be Enough, Stephen M. Johnson

Saint Louis University Law Journal

No abstract provided.

One Step Away: How Hernández Ii Signals The Elimination Of Bivens, Daniel Blair

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Deep Fakes, Bots, And Siloed Justices: American Election Law In A “Post-Truth” World, Richard L. Hasen

Saint Louis University Law Journal

No abstract provided.

Was The 2016 Election Legitimate?, Chad Flanders

Saint Louis University Law Journal

No abstract provided.

Election Law On The Ground: Challenges In Missouri, Denise Lieberman

Saint Louis University Law Journal

No abstract provided.

America’S Continued Fair Housing Crisis And The Ignored Solution: The Affirmatively Furthering Fair Housing Rule, Maysa Hassan Daoud

Saint Louis University Law Journal

No abstract provided.