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Articles 1 - 30 of 51
Full-Text Articles in Law
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson
The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson
Saint Louis University Law Journal
No abstract provided.
The Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck
The Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck
Saint Louis University Law Journal
No abstract provided.
Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton
Seeing The Supreme Court As A Whole Institution: Law And Social Science, Morgan L. W. Hazelton
Saint Louis University Law Journal
No abstract provided.
Dobbs In A Technologized World: Implications For Us Data Privacy, Jheel Gosain, Jason D. Keune, Michael S. Sinha
Dobbs In A Technologized World: Implications For Us Data Privacy, Jheel Gosain, Jason D. Keune, Michael S. Sinha
All Faculty Scholarship
In June of 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning 50 years of precedent by eliminating the federal constitutional right to abortion care established by the Court’s 1973 decision in Roe v. Wade. The Dobbs decision leaves the decision about abortion services in the hands of the states, which created an immediately variegated checkerboard of access to women’s healthcare across the country. This in turn laid bare a profusion of privacy issues that emanate from our technologized world. We review these privacy issues, including healthcare data, financial data, website tracking and …
Colonizing Queerness, Jeremiah A. Ho
Colonizing Queerness, Jeremiah A. Ho
All Faculty Scholarship
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …
Access To Court Cases From The Supreme Court’S 2020–2021 Term: The New Majority’S Debut, Sarah Somers, Jane Perkins, Abigail Coursolle, Sarah Grusin
Access To Court Cases From The Supreme Court’S 2020–2021 Term: The New Majority’S Debut, Sarah Somers, Jane Perkins, Abigail Coursolle, Sarah Grusin
Saint Louis University Journal of Health Law & Policy
Throughout the Supreme Court’s first term without Justice Ruth Bader Ginsburg, the Court issued only a few major opinions with respect to access to the Court for civil litigants, and it issued none that discarded major precedents. Yet, in several areas, the Court demonstrated an increasingly conservative bent and began to lay the groundwork for major changes. In this Article, we discuss selected opinions from the Court’s 2020–2021 term that may have an impact on access to the courts for individuals seeking to vindicate civil and constitutional rights. In particular, it focuses on cases that may affect access for low-income …
The Heat Is On: Will Climate Change Suits Pressure The Supreme Court To Evolve Its Federal Question Jurisdiction?, Katie Hoffecker
The Heat Is On: Will Climate Change Suits Pressure The Supreme Court To Evolve Its Federal Question Jurisdiction?, Katie Hoffecker
Saint Louis University Law Journal
No abstract provided.
What Can We Learn From Amy Coney Barrett’S First Opinion?, Blake Stocke
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
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
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 federal right …
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.
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
Once We're Done Honeymooning: Obergefell V. Hodges, Incrementalism, And Advances For Sexual Orientation Anti-Discrimination, Jeremiah A. Ho
All Faculty Scholarship
Undoubtedly, the Supreme Court’s marriage equality decision in Obergefell v. Hodges is the watershed civil rights decision of our time. Since U.S. v. Windsor, each recent victory for same-sex couples in the federal courts evidenced that the legal recognition of same-sex marriages in the U.S. was becoming increasingly secure. Meanwhile, momentum was growing for the visibility of sexual minorities nationally. Yet, is marriage equality the last stop in the pro-LGBTQ movement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality from Windsor to Obergefell can somehow leverage …
Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson
Lane V. Franks: The Supreme Court Frankly Fails To Go Far Enough, Sara J. Robertson
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
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
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
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 have …
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho
All Faculty Scholarship
Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus-focused jurisprudence for lifting the discrimination against the …
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
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 Court's cobbled …
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
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
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 not agree …
Berghuis V. Thompkins: The Supreme Court’S “New” Take On Invocation And Waiver Of The Right To Remain Silent, Emma Schuering
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
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
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
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 quality …
Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung
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
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 answer …
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
Saint Louis University Law Journal
No abstract provided.
Misshapen Districts, Mistaken Jurisprudence: The Supreme Court’S Decisions On Partisan Gerrymandering, Alfred J. Caniglia Iii
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.