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Cryptocurrency: The Consequences of a Regulatory Gap in a Rapidly Growing Industry
Get PDFDigital assets are largely unregulated, which has led to many investors being defrauded without remedy. Various solutions have been proposed to solve the regulatory gap, but none have been successful in practice. In this article, Claire Sanford discusses how the risks associated with cryptocurrency exchanges are distinct from more traditional investments.https://scholarship.law.slu.edu/lawjournalonline/1095/thumbnail.jp
The CRT of Black Lives Matter
Get PDFCritical Race Theory (“CRT”), or at least its principles, stands at the core of most prominent social movements of today—from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact, Critical Race Theorists have long defined CRT itself as a movement, one that has not only provided theoretical interventions regarding the relationship between race, racism, power, and the law, but that has also encouraged and, in fact, inspired and guided social movements. This Essay, adapted from the Richard J. Childress Lecture in October of 2021, highlights how CRT is interwoven throughout the thinking and actions of the Black Lives Matter Movement
Fix or Fox: Where Do We Go from Here?
Get PDFRecently the National Conference of Bar Examiners (“NCBE”) announced that it will make sample questions from its proposed NextGen Bar Exam publicly available. NCBE is the entity that creates and sells all the questions used on the Uniform Bar Exam adopted in Kansas, Missouri, and thirty-six other states. In theory, the NextGen Exam is being developed in response to mounting critique that the bar exam is not a true measure of competence to practice law and claims that the exam disadvantages applicants based on socioeconomic status and race. But is the NextGen prototype a fix or a fox in the henhouse
Block Rewards, Carried Interests, and Other Valuation Quandaries in Taxing Compensation
Get PDFIn this article, Ordower contextualizes block rewards litigation with historical failures to tax compensation income paid in kind. Tax fairness principles demand current taxation of the noneconomically diluting block rewards’ market value
The Saga of Scabby: How a Giant Inflatable Rat Helped Define Free Speech in Organized Labor
Get PDFA large, grotesque, inflatable rat has become a symbol of organized labor, a target of controversy, and a defining icon for unions\u27 rights under the First Amendment. In this article, Adam Kosmicki explores the implications for free speech and the protection of neutral parties following the NLRB\u27s decision regarding Scabby in Int\u27l Union of Operating Engineers Local 150.https://scholarship.law.slu.edu/lawjournalonline/1104/thumbnail.jp
Force Majeure & the Coronavirus Pandemic’s Effect on Contractual Obligations
Get PDFWith the rise of the Covid-19 pandemic, some businesses found themselves unable to perform on their contracts due to Covid-19\u27s unpredictable nature, government orders, and a variety of other factors. Many contracting parties responded to the unpredictability by invoking force majeure to avoid performance. In his article, Mack Miner considers revising force majeure clauses to read less like boilerplate language and include specific pandemic-like events to help to ensure future force majeure issues are successfully invoked.https://scholarship.law.slu.edu/lawjournalonline/1091/thumbnail.jp
“Rap Music on Trial”: Examining the Consequences of Rap Lyrics Being Admissible at Trial
Get PDFRap lyrics are being deemed admissible in court to convict criminal defendants. In this article, Malik Stewart considers the consequences of admitting rap lyrics to evidence to prove a defendant’s guilt, possible First Amendment violations, the efforts to prevent prosecutors from using rap lyrics as evidence, and the ways in which rap music is being targeted by prosecutors. The article also considers the emergence of Drill music and what to expect moving forward.https://scholarship.law.slu.edu/lawjournalonline/1096/thumbnail.jp
Acknowledging the Racist Roots of Disinvestment and Abandonment: How Local Government Can Set the Stage for Change
Get PDFDisinvestment and associated property abandonment are defining features of many post-industrial legacy cities. While the reasons are varied and complex, racist law and policy are at the root. Though abandoned properties negatively affect an entire city, their effects usually disproportionately fall on neighborhoods of color. Law and policy have been major drivers of how such neighborhoods look and feel today. Because law and policy have been part of the problem, they are also a necessary part of the solution.This kind of large-scale, multi-disciplinary problem is beyond the ability of a single institution or sector to address. Stakeholders such as local government, neighborhoods, and philanthropy have tools to address this challenge. But, to get to effective solutions in the modern community development system, they must use their respective tools in close coordination and cooperation. That requisite close coordination and cooperation require a foundation of trust and shared vision.Local government is not only a stakeholder with tools to address disinvestment and abandonment; it is also the stakeholder with power to set the “rules of the game.” As such, it is uniquely able to set the stage for the racial healing foundational to rebuilding trust and developing a shared vision. To that end, this article recommends local governments provide a public disclosure about a property’s history as part of their development and demolition processes as a first step toward racial healing. By providing such disclosures, local governments can create conditions for the trust and shared vision needed to make existing tools far more effective. In addition, such disclosures can set the stage for further self-initiated reparative actions
Conflicting Interests in Name and Pronoun Policies in K-12 School
Get PDFThe year 2022 has brought a record number of proposed antitransgender legislation throughout the country. With an expanding amount of youths identifying as transgender and/or nonbinary, schools are continuing to grapple how to support these students while complying with the law. In this article, Manni Jandernoa discusses individual conflicting interests involved with respect to the application or lack of school name and pronoun policies.https://scholarship.law.slu.edu/lawjournalonline/1106/thumbnail.jp