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Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill
Full text linkThe proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.https://scholarship.law.slu.edu/lawjournalonline/1119/thumbnail.jp
HOW INTELLECTUAL PROPERTY LAWS ALLOW FOR FASHION DUPES
Full text linkThe rise of technology brought an increase in the number of knockoff fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.https://scholarship.law.slu.edu/lawjournalonline/1122/thumbnail.jp
2023--The Laws, Policies, and Politics of Public Health Emergency Powers
No full texthttps://scholarship.law.slu.edu/jhlpsymposia/1002/thumbnail.jp
2023--Progressive Constitutionalism and Its Libertarian Discontents: The Case of LGBTQ Rights
No full textThis year’s Childress Lecture, led by Professor Carlos Ball, will explore the ways in which libertarian political morality and constitutionalism create a double-edged sword for progressives. On the one hand, libertarian principles have helped advance some progressive objectives inside and outside of the courts, including several related to LGBTQ rights. On the other hand, abiding by those principles as a matter of constitutional law has served to jeopardize a slew of broader progressive objectives. The program will also explore LGBTQ+ rights and constitutional theory, the connection between LGBTQ+ rights and the First Amendment, and transgender rights.https://scholarship.law.slu.edu/childress_lecture/1006/thumbnail.jp
Unbundling Social Security from the Payroll Tax
Full text linkTo preserve social security as a welfare program primarily for older individuals and to ameliorate the distributional inequity of funding social security across income and wealth levels, this article recommends unbundling the benefit side of social security from its longstanding payroll tax funding mechanism. The article recommends replacing the payroll tax revenue with a budget allocation from general revenues accompanied by both revenue raisers and benefit limitations. Income tax rate increases linked to repeal of the FICA tax and tax expenditure limitations would enhance income tax revenue. Modifying social security benefits from their current overinclusive, entitlement structure for all to moderately needs-based entitlement possibly freed from the constraint of the current contribution requirement that makes social security underinclusive would help provide the older population an income facilitating dignified aging
The Battle for Medicare
Full text linkAmerica is aging. From 2019 to 2060, the total population of Americans over sixty-five will grow from fifty-four million to ninety-five million. Of all Americans, sixteen percent were aged sixty-five and older in 2019; nearly twenty-two percent are projected to be in this age group by 2040. This shift will put unprecedented pressure on the Medicare program. Its enrollment is already in the midst of an unparalleled boom, growing from forty-eight million in 2010 to eighty-six million by just 2035. As it grows in importance and size, the future of Medicare will be dominated by two competing pressures.
First, Medicare has become the primary regulatory vehicle for the federal government and the executive branch in American health care. Its importance as an engine of regulation is highlighted by political gridlock and Medicare’s reach. Congressional inaction continues to stymie common-sense health policy development. And, theoretically, one federal dollar—flowing into a hospital’s revenues or a provider’s pocket—unlocks the extensive regulatory pressure of the Medicare program.
Second, the countervailing force is a global deregulatory regime seeking to roll back the administrative state. This regime is most specifically embodied by a newly emboldened Supreme Court, which has signaled hostility to the power and reach of federal agencies. As Medicare becomes more central—and, as it becomes more conspicuous as the primary regulatory vehicle in American health care—it becomes a target of this larger deregulatory project. A recent example of both Medicare’s use as a regulatory engine and the hostility to its regulatory power is the Centers for Medicare and Medicaid Services’ (“CMS’s”) recent COVID-19 vaccination mandate for health care workers, and the resulting litigation in federal courts.
This essay examines this tension by highlighting the judiciary’s treatment of President Biden’s vaccination mandate policy while summarizing Medicare’s unique position in health care law and policy. These fights between a robust Medicare program and a global deregulatory effort—perhaps dismissed as academic—will have a real impact on the health and health care of millions of Americans. Regardless of the ultimate resolution of these fights over power and policy, Medicare will serve as the location for turbulent fights over law and power, policy, and values for years to come
Outsourcing Self-Regulation
Full text linkAnswerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private corporate interest. By outsourcing the mechanisms that control admission to the bar, the legal profession has all but surrendered the most crucial component of its gatekeeping function to an industry that profits at the expense of those seeking entry./= / \u3e/= / \u3eThe judicial outsourcing of the bar exam has privatized bar admission in ways that can be detrimental to the goal of public protection and damaging to those seeking licensure. The manner in which state courts have fostered privatized bar admission brings into question whether the delegation of judicial power is consistent with Constitutional prerogatives. This article applies the lenses of multiple political-economic theories to the normative framework of attorney self-regulation and bar admission. In so doing, it seeks to identify justifications for outsourcing an exclusive judicial power that is essential to the goals of self-regulation. This article ultimately questions whether the legal profession has surrendered, or will soon lose, the ability to regulate itself. The article concludes with multiple recommendations to reverse the directional flow of power in attorney licensure in a manner that will yield more transparency and public accountability
Is it Really a Man’s World? Using Real-Life Negotiations to Reframe the Negotiation Gender Gap
Full text linkMuch has been written regarding the gender negotiation gap. However, the existing literature frequently involves only hypothetical negotiations where the participants do not experience the effects of the negotiation as one would in real life. This first-of-its-kind study utilizes a dataset of over 1,000 negotiations from the television show Pawn Stars to analyze the role gender plays in negotiations. Negotiation best practices analyzed in this study include the willingness to walk away from the negotiation, use of a counteroffer, use of objective language, and the implementation of cognitive anchoring by making extreme initial offers. The results shed light on traditional notions of the gender negotiation gap, gender-based negotiation advice, and future research on the subject