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The Supreme Court’s 2022-23 Access to Court Decisions
Full text linkThe Supreme Court’s 2022–23 Term yielded significant decisions bringing about goals long-sought by conservatives. This debut Term for the first Black woman Justice also included some results welcomed by progressives, including decisions on voting rights, Native American sovereignty, and individual enforcement of Spending Clause enactments. In this Article, we discuss significant decisions that have implications for access to court for civil litigants, focusing on those affecting access for low-income and marginalized litigants. We also look ahead to what the 2023–24 Term may bring for those seeking access to the courts
Reproductive Rights and Medico-Legal Education Post-Dobbs: A Fireside Chat
Full text linkThe Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization was a pivotal moment that reshaped the landscape of abortion policy and delivery of abortion care in the United States. To create a space for critical reflection on the implications of Dobbs for the teaching and learning of abortion care in both medical and legal education, the authors engage in a dialogue highlighting the varied perspectives of professionals and professionals-in-training in both the medical and legal professions. As new attacks on reproductive autonomy continue at both state and federal levels, we foreshadow a tumultuous landscape for abortion policy in the next several decades and describe the impact and ramifications of widespread restrictions on abortion care at all levels of medical training and practice; collaboration between physicians and attorneys will be essential to forge a path ahead
MISSISSIPPI\u27S CONTRIBUTION TO INFORMING THE PUSH FOR FEDERAL LEGISLATION
Full text linkThe NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.https://scholarship.law.slu.edu/lawjournalonline/1124/thumbnail.jp
WALKING THE TIGHTROPE: PROTECTING RESEARCH FROM FOREIGN EXPLOITATION WHILE FOSTERING RELATIONSHIPS WITH FOREIGN SCIENTISTS
Full text linkIn response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions\u27 impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.https://scholarship.law.slu.edu/lawjournalonline/1127/thumbnail.jp
Physician Decision Making Under Uncertainty in a Post-Dobbs America
Full text linkFollowing the Supreme Court\u27s decision in Dobbs v. Jackson Women\u27s Health Organization and a series of restrictive state laws post-Dobbs, physicians in many states now face difficult choices between evidence-based practice and criminal penalties. Previously, when deciding whether to provide abortion care, concern for the health of the patient was paramount. Now, fear of criminal penalties drives decision-making for physicians practicing in many areas of the country, including our home state: Missouri. For certain life-threatening complications, termination of pregnancy is warranted, but since Dobbs, physicians have been delaying these potentially lifesaving procedures for fear of criminal repercussions. Behavioral research on decision-making under constraints has revealed predictable patterns of human cognition, including motivated reasoning, risk aversion, and decision paralysis. These features of human reasoning lead physicians in abortion-restricted states to err on the side of inaction, delaying or eschewing vital abortion care rather than risking criminal charges. This paper will identify the characteristics of these treatment situations that interact rational and biased patterns of human reasoning, making distorted decision-making all but inevitable. Exploring such difficult decisions through a behavioral lens allows us to offer a path forward: by targeting and minimizing the sources of uncertainty and anxiety for practitioners, we hope to clear the way for more predictable, evidence-based practices. To this end, we advocate reliance on clear and consistent protocols and workflows aimed at eliminating uncertainty on the part of both the physician and the institution
Re-Regulating Dietary Supplements
Full text linkIn 1994, Congress introduced the Dietary Supplement Health and Education Act (DSHEA) to create a regulatory framework for the dietary supplement industry. Since the passage of DSHEA nearly thirty years ago, U.S. adults have steadily increased their annual consumption of dietary supplements. The once 40 billion trade with anywhere from 50,000 to 80,000 dietary supplements available over-the-counter.
Despite the increased market size of dietary supplements, the Food and Drug Administration’s (FDA) pre-market authority to regulate the introduction of dietary supplements into the stream of commerce has remained subdued. Under DSHEA, the FDA has limited authority to review dietary supplements before entering the market. Unlike pharmaceuticals, which must be shown to be safe and effective prior to approval and marketing, dietary supplements can be sold to consumers without such reassurances. Instead, the FDA’s authority is generally limited to post-market enforcement under DSHEA. In fact, the FDA lacks the express authority to remove dietary supplements from the market unless it can establish that the products are unsafe, adulterated, mislabeled or misbranded.
Given the morbidity and mortality associated with adulterated dietary supplements and the challenges in addressing the latest fads before they cause harm, Congress must give the FDA the power it needs to be proactive. The FDA desperately needs the tools to regulate the dietary supplement industry and remove harmful dietary supplements from the market. We call on Congress to amend DSHEA to grant the FDA the express statutory authority to (1) regulate dietary supplements prior to entering the market; (2) require manufacturers to submit Supplement Labels to the FDA for pre-market review; (3) require that supplements undergo both pre-market composition testing and post-market randomized composition testing; (4) strengthen agency authority to remove adulterated dietary supplements from the market; and (5) establish an excise tax on dietary supplements
Political Subdivisions, Homelessness, and Vacancy: How Missouri’s Use of Logrolling Passed House Bill 1606
Full text linkIn June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.https://scholarship.law.slu.edu/lawjournalonline/1113/thumbnail.jp