Saint Louis University
Saint Louis University School of Law Research: Scholarship CommonsNot a member yet
3119 research outputs found
Sort by
An Indecent Exposure of the Rules of Legal Ethics
No full textThousands of attorneys experience rape and sexual assault by clients, as well as indecent exposure, public masturbation, unwanted touching, verbal threats, and stalking. These incidents are not often publicly reported, but client sexual violence against attorneys is not uncommon. The ethical rules currently fail to account for an attorney who has experienced client sexual violence, whether to allow for termination of representation or to mitigate future harm to other lawyers. While the ethical rules are usually thought of as neutral, this Article critically examines the gender stereotypes and structures of oppression corseting the rules. Relying on a fifty-state survey of U.S. ethical rules and personal experiences with sexual violence while practicing law as a cisgender white woman and abolitionist, the author explores what type of ethical guidance would be appropriate for attorneys who have experienced client sexual violence
“They Told Us We Were Safe”: An Analysis of the Constitutionality of Missouri’s Ban on Gender-Affirming Healthcare for Medicaid Recipients
Full text linkThe current state of gender-affirming care in the United States hangs in a precarious balance. Though the medical community seems to agree that such care is critical in at least some cases, citizens’ perceptions of that necessity are far from unified. As of this publication, at least one case involving a state-sponsored ban on gender-affirming care for minors, United States v. Skrmetti, is pending before the United States Supreme Court. The arguments in that case have centered on whether denying hormonal treatments inconsistent with a child’s assigned sex, when the same treatments may be prescribed when consistent with a child’s assigned sex, creates an express gender classification deserving of heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment.
This note instead focuses on Missouri’s ban on gender-affirming care for individuals of any age receiving healthcare through MO HealthNet, Missouri’s Medicaid program. It first explores the history and underlying motives of discrimination against transgender individuals, followed by an examination of the current legislative landscape in the United States as it relates to transgender life as well. It then considers the current state of scientific research regarding medical best practices for transgender patients before analyzing some of the wide variety of approaches that state and federal courts have taken to determine a state’s ability to restrict access to gender-affirming care. Then it considers possible applications of these precedents in the case of Missouri’s gender-affirming care ban before finally suggesting steps that may be taken by advocates seeking to ensure that such care is made accessible to those who need it
Muslim American Workers, Faith and Labor Organizing
Full text linkIslam is one of the fastest-growing religions in the U.S. Muslim-Americans are racially, ethnically and theologically diverse and are a politically engaged constituency. It is a community experiencing immense economic insecurity alongside political vulnerability due to discrimination, which make them inclined to labor organizing. Despite these demographic changes, the U.S. labor movement is not addressing this growing faith-based community. In this article, I discuss three examples of successful labor organizing interventions led by Muslim-American workers or where Muslim-Americans were actively engaged which have resulted in positive gains for all workers. They are: (1) New York Taxi Workers Alliance (NYTWA) Post 9-11 Organizing & 2016 Airport Strike against Trump’s Muslim Travel Ban; (2) Awood Center in Minnesota organizing Somali Muslim Amazon workers; and (3) Teamster Local 117 advocacy of Muslim majority Hertz airport drivers. Through these examples, I illustrate how a strategic and intentional integration of a faith-based justice-oriented approach to labor organizing to engage Muslim-American workers can advance labor rights that benefit all workers. Grounding this faith-based justice approach in a collective labor organizing context prevents religious identity from becoming a matter of individual concern and allows for greater solidarity among workers of diverse backgrounds. While important work to protect the rights of Muslim-American workers is transpiring through anti-discrimination laws, those laws reflect an individual rights approach which limit redress that can be achieved for all workers. As such, labor organizations with Muslim majority workplaces must engage with their members in their faith and as workers
Pracademically Speaking: Incorporating Real-World Legal Practice into the Dispute Resolution Curriculum
Full text linkBridging the gap between traditional dispute resolution pedagogy and the realities of practice has been a major point of discussion within the legal academy for some time. Professors want to equip students with the dispute resolution knowledge and skills that will allow them to thrive as attorneys. At the same time, the dynamics and time constraints within traditional dispute resolution courses can create many obstacles to doing so. In this article, Professors Berman and Peterson provide tangible recommendations for designing dispute resolution courses that maximize practice-readiness. They address options for course structure, class format, skills building, and various methodologies professors can consider in courses that cover negotiation or mediation. By thinking outside the box and adapting to the realities of practice, professors can ensure that their students are prepared to handle the myriad and growing circumstances in which attorneys must employ a range of dispute resolution knowledge and skills
Opening Space for Negotiation Reflection in Law Practice
Full text linkCritical to negotiations learning and skills-building, reflection is an enduring feature of law school negotiations courses. At the same time, anti-reflection forces in law practice persist. Lawyers face demanding work environments that compel them to make seemingly impossible choices among advancing their careers, maintaining mental and emotional health, and continuing to learn and grow. The time for slowing down and reflecting can be excruciatingly hard to come by. Technology in negotiations may also obscure the need or opportunities for reflection. This Article highlights the importance of negotiation reflection and the longstanding and emerging challenges to creating and maintaining a lawyer’s capacity for reflection. It proposes further exploration of the nature of negotiation reflection in law practice and law schools and calls for a collaborative focus on evolving law school teaching and workplace structures to better help negotiation reflection live and thrive in law practice
§1983 and the Federal Nursing Home Reform Act: A Perfect Fit
No full textThe Supreme Court rarely takes a case involving federal quality standards for nursing home care, and that alone would make Health and Hospital Corporation of Marion County v. Talevski (Talevski) a significant case for those interested in long-term care. The Court’s decision in Talevski, however, reaches far beyond long-term care with implications for every federally funded program that relies on the states for administration, delivery of benefits, or enforcement of standards.
Much about the Talevski case signaled that a significant change in law may be coming. The plaintiff’s cause of action relied on a statutory instrument (§1983) frequently used by private parties to enforce federal authority over the states; and the case involved the Medicaid program, a lightning rod in federal-state power struggles. Moreover, the defendant made the extreme argument that §1983 provides no cause of action whatsoever where the source of the claimed rights is federal legislation enacted under the Spending Clause, the authority that underlies the largest portion of federal legislation regarding healthcare. Talevski was closely watched as well because it presented the Court with an opportunity to establish a more stringent standard for deciding when §1983 provides a private cause of action for violation of federal law.
Ultimately, the Court rejected the defendant’s Spending Clause argument and held that §1983 provides a cause of action for violations of two particular provisions of the Federal Nursing Home Reform Act (FNHRA). This article examines the statutory language and context that support the Court’s ruling, providing insights for statutory construction in future §1983 cases and taking the opportunity to revisit the legal and policy origins of the FNHRA, a milestone in long-term care quality regulation. The article concludes that the FNHRA provisions at issue so perfectly fit even the most stringent test for §1983 actions that Talevski does not resolve several significant questions, especially in cases where the statutory language and context do not replicate the Talevski model
Keynote Address: The Future of Constitutional Interpretation
Full text linkThe American constitutional order is in a state of flux, caused in part by the Supreme Court and its embrace of originalism. The originalist ideology contends that the Constitution has one true historically discoverable meaning, and interpreters must understand the document today the same way the public purportedly understood it when it was enacted. While its advocates insist that originalism promotes objectivity and democratic legitimacy, closer examination reveals that it is little more than a political tool designed to entrench 18th-century power hierarchies by transforming some of the nation’s lowest historical shortcomings into its highest legal standards. The author argues that originalism is incompatible with the multiracial democracy the Constitution demands, and proposes an alternative legal interpretive framework called inclusive constitutionalism. The future of constitutional interpretation should not focus on a point in time; it should focus on the liberatory principles of the Reconstruction Amendments, and the achievement of a real, inclusive democracy
Felons in Possession: Rejecting the Third Circuit and its Application of Bruen
Full text linkThe Supreme Court’s 2022 decision striking down a New York public carry law has triggered widespread legal challenges to gun regulations across the United States. Among the most contested statutes is 18 U.S.C. § 922(g)(1), the federal felon-in-possession law, a crucial tool for the Department of Justice in restricting firearm access. Recent rulings from the Third and Eighth Circuits have resulted in a legal split regarding the constitutionality of this provision, raising uncertainty about its future enforceability. This note examines the historical and legal foundations of § 922(g)(1), the implications of New York State Rifle & Pistol Association v. Bruen, and the evolving judicial landscape surrounding Second Amendment rights. Ultimately, a close analysis of Supreme Court precedent suggests that § 922(g)(1) will likely withstand constitutional scrutiny despite recent challenges
Inaugural ADR and Social Entrepreneurship Course
Full text linkThis article examines the innovative integration of Alternative Dispute Resolution (ADR) principles with social entrepreneurship, focusing on how this combination can be used to address significant societal challenges. The article highlights a course designed specifically for law students, which provides a comprehensive understanding of ADR mechanisms such as mediation, negotiation, and system design, while also encouraging students to develop entrepreneurial solutions to real-world conflicts. Inspired by the nonprofit organization R3solute, which trains refugees and locals as peer mediators, the article explores how students are equipped to create ADR-centered ventures that offer sustainable resolutions to social problems.
The article discusses the course’s emphasis on experiential learning, in which students collaborate in teams to develop, refine, and pitch business ideas that apply ADR strategies to social issues. By engaging with beneficiaries and stakeholders, students create ventures with practical, real-world applications in conflict resolution. Additionally, the article covers how the course develops leadership skills, public speaking capabilities, and hands-on experience in socially impactful projects.
Moreover, the article emphasizes how the course encourages empowerment by helping students discover their “why”—the core motivation behind their work. By fostering creativity, collaboration, and an understanding of how ADR can lead to systemic change, the article argues that the course prepares students not only for roles as future legal professionals but also as leaders and social entrepreneurs addressing global challenges. Through this integrated approach, the article illustrates how blending theoretical knowledge with practical skills enhances both personal and professional development, equipping students to become agents of social transformation