Law Commons^™

Richard J. Childress Memorial Lecture: Immigration And The Supreme Court In The Early Days Of The Second Trump Administration, Kevin R. Johnson

Saint Louis University Law Journal

An enduring St. Louis University School of Law tradition, the Childress Memorial Lecture is devoted to “highlighting a provocative and timely area of law.” Discussion of immigration law and its enforcement by the Trump administration falls squarely into the category of provocative and timely. My lecture today analyzes the Supreme Court’s responses to the Trump administration’s immigration actions in the early months of his second term. Those responses no doubt provide an idea about the Court’s future responses to the administration’s immigration actions.

Immigration has been a divisive, often explosive political issue throughout U.S. history. The law as it has …

Cruel Deference: State Narratives, Credibility, And Power In Convention Against Torture Adjudications, Amelia S. Mcgowan

Saint Louis University Law Journal

U.S. courts and the Board of Immigration Appeals (“BIA”) have long treated the U.S. Department of State’s Country Reports on Human Rights Practices as uniquely authoritative sources for determining country conditions in claims for immigration protection. In its 2025 precedential opinion Matter of A-A-R-, the BIA extended this deference to claims for protection under the Convention Against Torture (“CAT”). This decision and others like it raise the question: whose voice matters most when evaluating the likelihood that an applicant faces torture, and why?

This Article critically examines the evolution of the Country Reports’ authoritative role in U.S. protection …

Illiberal Immigration Inconsistencies: Finding Unifying Principles On The Left, Sheldon Evans

Saint Louis University Law Journal

Immigration is one of the most important issues on the minds of Americans. While conservative lawmakers have rallied around the exclusionary principles of Donald Trump’s vision for America, liberal politicians have struggled to provide a unified ideological and pragmatic policy alternative. This Essay challenges that lack of identity from the political Left. By studying several inconsistencies among Democrats, I argue for realignment strategies to unify the Party to return to its traditional principles on immigration policy. These include addressing the underlying social problems causing migration, rethinking border control, providing legal pathways for immigrants, and moving towards global citizenship.

The Odyssey Of Third Country Removal, Matthew Boaz

Saint Louis University Law Journal

In February 2025, a hotel in Panama became a focal point for international media when a group of several hundred asylum seekers from countries such as Iran, Turkey, Nepal, Afghanistan, and Sri Lanka were suddenly sent there from the U.S. without legal recourse or notice of their destination. The majority of the migrants agreed to repatriation to their home countries, but a significant number remain, seeking to navigate an asylum system that seems intent on denying relief, with few other options available. A short time later, a similar cohort arrived in Costa Rica with an eerily familiar tale to tell. …

The End Of Asylum: Biden, Trump, And Latin America In Crisis, Ernesto Sagas, Ediberto Roman, Richard T. Middleton

Saint Louis University Law Journal

When Rosa crossed the Rio Grande in the summer of 2022, she sat to rest on the U.S. side of the muddy river that serves as the international border with Mexico. After weeks of a trip that took her from her hometown in Cuba to Nicaragua, Honduras, Guatemala, and across the length of Mexico, she was physically exhausted and emotionally drained. Instead of a sense of great fear of being discovered by U.S. authorities, she felt a sense of relief upon seeing them, even calling her relatives before the authorities made it to her to let her family know that …

Sanctuary Standoff: Constitutional Fault Lines In Immigration Enforcement, Cindy G. Buys

Saint Louis University Law Journal

During both its first and second terms, the Trump Administration has taken aim at so-called “sanctuary” jurisdictions to try to encourage or force cooperation with federal immigration law enforcement. In addition to targeted immigration enforcement efforts, the Administration has waged a legal and public media campaign against states, counties, and cities that the Administration views as sanctuary jurisdictions and has attempted to withhold a wide variety of federal funds from those jurisdictions to pressure them to change their policies. While there is no definition of a sanctuary jurisdiction in any federal statute or executive order, the Department of Justice (“DOJ”) …

Eliminating Prior Pay: Reframing The Equal Pay Act's "Factor Other Than Sex" In Federal Employment, Jack Weilmuenster

Saint Louis University Law Journal

The federal government is the largest employer in the United States, with over 1.5 million General Schedule (“GS”) employees working across various agencies. Under the federal pay system, salaries are determined by the GS, a structured scale that assigns employees to grades and steps based on qualifications and experience. However, agencies may rely on prior salary when setting pay, a practice that risks perpetuating gender-based wage disparities. Given the federal government’s influence on broader employment practices, whether prior pay qualifies as a “factor other than sex” under the Equal Pay Act (“EPA”) is a question with far-reaching implications.

Ice Non-Accountability In The Second Trump Administration, Sabrina Balgamwalla

Saint Louis University Law Journal

By the beginning of the second Trump administration, the tone of Know Your Rights presentations for community members had noticeably shifted. Advocates regularly tell people that they don’t have to open the door to their home to an officer without a judicial warrant and that if they are stopped by law enforcement, they have the right to ask who is conducting the stop and why. But audience members have questions informed by news headlines about various Immigration and Customs Enforcement (“ICE”) practices: How can you tell definitively if a law enforcement officer is an ICE agent when they aren’t wearing …

Defending Bad Men: Public Perceptions Of Female Advocates In A Post-#Metoo Society, Grace Wallis

Saint Louis University Law Journal

As the dust settled on the heavily publicized, 2022 defamation trial of actors Johnny Depp and Amber Heard, an unlikely star stepped into the limelight: Johnny Depp’s attorney, Camille Vasquez. Over the span of the seven-week trial, Vasquez gained social media notoriety due to her frequent objections and stern trial demeanor. Vasquez’s cross-examination of Heard on May 16 and 17 of 2022 called into question Heard’s credibility and increased Vasquez’s online celebrity by a significant margin. In fact, according to Google search trends, public interest in the search terms “Camille Vasquez” reached peak popularity on May 18, 2022. Vasquez’s instant …

Filling The Network Gap In Research Ethics: Analyzing Ethical Issues At Scale In Big Team Science, Susan Wolf, Gillian H. Roehrig, Timothy L. Pruett, Korkut Uygun, Claire Colby Mcvan, Evelyn Brister, Shawneequa L. Callier, Alexander M. Capron, James F. Childress, Rosario Isasi, Andrew D. Maynard, Kenneth A. Oye, Paul B. Thompson, Terrance R. Tiersch

Articles

Scientific research increasingly involves large, multidisciplinary teams networked across multiple institutions to develop new technologies. Despite the rise of complex research networks and big team science, there has been too little analysis to date of the ethical challenges facing these networks. The extensive literature on the ethical issues confronting individual researchers and small teams (the microlevel) and on the larger societal challenges flowing from research and new technology (the macrolevel) leaves a troubling gap in between, at the mesolevel of the research network involved in big team science. Yet the ability of complex networks to conduct research ethically—which is essential …

Advancing Neurotech Justice In Youth Digital Mental Health: Insights From An Interdisciplinary And Cross-Generational Workshop, Francis X. Shen, Craig W. Mcfarland, Donnella S. Comeau, Leo Anthony Celi, Benjamin C. Silverman, Sepideh Abdi, Mahsa Alborzi Avanaki

Articles

Researchers and clinicians are increasingly looking to leverage artificial intelligence (AI) and digital tools to improve psychiatric care. Of particular promise is addressing the youth mental health crisis. Yet, the introduction of AI-enabled digital technologies for psychiatric treatment of young adults raises a host of ethical, legal, and societal issues (ELSI). To provide guidance in addressing these issues, we convened a two-day meeting at the Radcliffe Institute for Advanced Study at Harvard University: Advancing Neurotech Justice in Mental Health: Insights from an Interdisciplinary and Cross-Generational Workshop. The meeting brought together a diverse cohort of 17 experts and 5 students …

A New Framework For Drug Pricing Law And Policy, Rachel E. Sachs

Indiana Law Journal

Scholars and policymakers have expressed concern about the impact of high prescription drug costs on patients and healthcare budgets. This Article presents a new theoretical framework for evaluating both the problem to be addressed by drug pricing reforms as well as the efficacy of potential solutions. In seeking to solve “the drug pricing problem,” our legal system has given primacy to competition rather than regulation to drive down drug prices. This Article disaggregates the broader concept of drug competition into four steps, each of which must be addressed and each of which elevates different institutional actors to key roles. In …

When Death Is Not Binary, Teneille R. Brown

Indiana Law Journal

There are few dichotomies more recognized than the one between life and death. Given the many legal rights that pivot on this distinction, one would think that the law has exceptionally clear standards for diagnosing death. It may surprise you then to learn that the line between legal life and death is no longer so obvious. That is, in a growing number of cases, there is now disagreement about whether someone is legally dead or alive. This is due to two things: the development of medical devices that can breathe for patients with severe brain injuries, and neuroimaging technology that …

The Fiduciary Game, Lauren R. Roth

Indiana Law Journal

Fiduciary duties are supposed to bridge the gap between public and private law. Private actors who engage in “public or quasi-public” functions (e.g., corporate directors and pension administrators) are often subject to fiduciary constraints to protect vulnerable parties who lack power in relationships with these actors. Recently, scholars have argued that both courts and legislatures have inappropriately expanded the use of fiduciary duties to purely private relationships. But what if the problem is not the expansion of fiduciary duties to private relationships, but the increasing delegation of public powers to private actors whose behavior cannot be adequately constrained by fiduciary …

Table Of Contents, Loyola University Chicago Law Journal

Loyola University Chicago Law Journal

No abstract provided.

The Ai Advocate: Tracking The Impact Of Artificial Intelligence On Trial Advocacy, John G. Browning

Loyola University Chicago Law Journal

In his annual State of the Judiciary address on December 31, 2023, Chief Justice John G. Roberts chose to focus on the use of generative AI. He cautioned that while AI "has great potential to dramatically increase access to key information for lawyers," its use "requires caution and humility" because of the risk of "dehumanizing the law." Chief Justice Roberts' timely warning, made at the height of concerns nationally about lawyers relying on fabricated case citations caused by the "hallucinations" of generative AI, could have just as easily been targeted not only to the legal profession generally, but to trial …

Ai Deference, Kevin Frazier

Loyola University Chicago Law Journal

Existing AI tools allow administrative agencies to chart a more aggressive regulatory path. AI can identify which statutes and regulations, if reinterpreted, would further the agency's agenda. AI can also draft new regulations and forecast their likely effects.

No laws explicitly ban agencies from using AI. In fact, successive presidential administrations have encouraged agencies to increase their use of AI. Cities and states have already been integrating AI into ever more substantive governance tasks. Governments around the world are likewise finding novel ways to incorporate AI into drafting, enforcing, and adjudicating laws. In short, it is a matter of when, …

Prison Labor Exploitation, As Easy As “Pie”: Private Industry Exploitation Under Pie Certified Prison Work Programs, Jack Burum

Roger Williams University Law Review

No abstract provided.

Public Schools: Immigration & Customs Enforcement’S Unconstitutional And Inhumane Hunting Ground, Ma Camille Briones

Roger Williams University Law Review

No abstract provided.

Introduction 2026 Justice For All Symposium: Prisoners' Rights

Roger Williams University Law Review

No abstract provided.

Can We Close The Rhode Island Women’S Prison?, Nick Horton

Roger Williams University Law Review

No abstract provided.

Plea Bargaining In The United States Military, Frank Rosenblatt

Journal Articles

This article offers a primer on plea bargaining in the U.S. military justice system. American military justice is like criminal justice in the rest of the country in that the lion’s share of cases are plea bargained. But there are key differences between military and civilian plea bargaining. First, a central factor of negotiations in military plea bargaining is whether the accused will keep his or her job. Second, the military has a wider range of disposition options than traditional penal sanctions, including nonjudicial punishment and administrative sanctions. Finally, the military seemingly permits more discretion and offers less binding guidance …

Institutional And Procedural Aspects Of Military Justice, Frank Rosenblatt

Journal Articles

The U.S. military justice system exists to “promote justice, to deter misconduct, to facilitate appropriate accountability, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.” It provides for disciplinary and penal sanctions of U.S. military members anywhere in the world. Given the size of the U.S. military and the scope of its operations around the world, the military justice system plays a consequential role in accountability for core international crimes, also known as atrocity crimes. The U.S. …

Discipline And Punishment, Frank Rosenblatt

Journal Articles

Armed forces must be disciplined, but two bodies of international law relating to military discipline are in tension. On the one hand, international humanitarian law requires armed forces to employ robust disciplinary measures to deter and address military misconduct. On the other hand, some international human rights law scholars recently singled out military disciplinary measures as insufficiently protective of soldiers from unfair treatment. Advocates of this new approach proposed to remedy disciplinary unfairness by permitting soldiers to opt out of disciplinary proceedings and elect military criminal trials instead. This Article critically examines four of the underlying assumptions of this new …

The Birth Of Modern International Criminal Law: The International Military Tribunal At Nuremberg, Frank Rosenblatt

Journal Articles

The International Military Tribunal at Nuremberg (IMT), the most famous and arguably most important international criminal trial in human history, almost did not occur. In fact, it might even be an accident of history that the most senior perpetrators of the Nazi regime’s atrocities eventually faced the courtroom instead of summary execution. That their fate was decided by rights over might has shaped the world; helped birth the fields of international criminal law and international human rights law; and become the starting point for conversations about international law, transitional justice, genocide, and human rights.

Boggs V. Johnston Asphalt, Llc, 334 A.3d 965 (R.I. 2025)., Gracie May Mccall

Roger Williams University Law Review

No abstract provided.

Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara J. Bruce

Faculty Publications

Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

Goodbye, Nomcompetes? Policy Diffusion And State-Level Reforms, Lorenzo G. Luisetto, Norman D. Bishara

Law Faculty Articles and Essays

Post-employment non-competition agreements (“noncompetes”) have been part of the common law dating back to at least 1414. The past 16 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on hold for the foreseeable future, the spotlight shifts back to the states where innovation in noncompete policy is blossoming. In this study, we systematically explore the legislative and policy trends reshaping the U.S. noncompete landscape. We propose a novel typology of these reforms and apply a …

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

Bad Parenting On Trial: How Gender, Race, And Class Shape Parental Responsibility Prosecutions And Laws For School Shootings, Makayla R. Foust

Washington and Lee Journal of Civil Rights and Social Justice

In 2021, James and Jennifer Crumbley became the first parents in the United States to be found guilty of involuntary manslaughter in connection with their son’s school shooting that killed four people and injured multiple others. As school shootings continue to devastate communities across the country, prosecutors are increasingly holding parents criminally liable for their children’s actions. This development raises fundamental questions about justice, accountability, and the limits of criminal liability. While these laws aim to curb gun violence by enforcing parental accountability, they will disproportionately affect marginalized communities, particularly along gender, racial, and socioeconomic lines. As legal precedent expands, …