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A Roadmap for Suing the NFL: How San Diego Taxpayers Are Using St. Louis’ Success as a Plan in Their Own Suit Over Relocation, and Will it Pay Off?
Get PDFLast year, the city of St. Louis forced an unprecedented settlement against the Rams, Stan Kroenke, and the National Football League over relocation of the Rams. In this article, Allison Frisella covers how St. Louis\u27 lawsuit can be used as a successful roadmap to sue the NFL, and how recent lawsuits filed by San Diego Taxpayers over relocation of the Chargers did just that. The article evaluates the claims made by St. Louis, how San Diego Taxpayers used similar claims in their complaints against the league, and if their successes will be the same as St. Louis.https://scholarship.law.slu.edu/lawjournalonline/1093/thumbnail.jp
Insurer Accountability in the Next Generation of Health Reform
Get PDFDemocrats continue to debate how to extend health insurance coverage to the remaining uninsured and improve the affordability and quality of coverage and care. Prior intraparty debates—over whether to build upon the Affordable Care Act, create a public option, or expand the Medicare program to all (or more)—have centered on how to best accomplish these goals and whether health care delivery should be mediated through public versus private payers. These are worthwhile debates, but the history of health reform suggests that private health insurers are here to stay. This Article accepts the premise that future coverage expansions will likely rely on private insurers. Assuming so, I argue that more attention must be paid to holding these entities accountable for the government-subsidized benefits they offer. While the Affordable Care Act ushered in reforms that have addressed many historic insurance industry abuses, additional accountability measures are urgently needed to ensure access to care, increase affordability, and advance equity. This Article identifies several policy options that would help achieve these goals and could constitute part of an updated, post-Affordable Care Act patient bill of rights. Looking ahead, federal and state policymakers must pair coverage expansions with accountability mechanisms to maximize taxpayer value in subsidizing private coverage across a range of public programs
Peer Mediation: A New Opportunity in St. Louis City Schools
Get PDFMediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.https://scholarship.law.slu.edu/lawjournalonline/1099/thumbnail.jp
2022 Panel 2--Interrelationships of the Court
No full textThis year’s annual Childress Lecture, to be delivered by University of Texas School of Law Professor Stephen Vladeck, will provide both a historical introduction to and a modern reassessment of the shape and size of the Supreme Court’s docket — and will argue that both academic and public discourse about the work of the Court has increasingly failed to account for holistic shifts in the kinds of cases that the Justices are (and aren’t) choosing to decide. A proper accounting of the ‘Business of the Supreme Court,’ Professor Vladeck will argue, helps to show just how significantly the Court’s role in our legal system has changed in recent years — without almost anyone noticing.https://scholarship.law.slu.edu/childress_lecture/1004/thumbnail.jp
In a Legal Field of Uncertainty, Much Change is Needed Before Commercial Space Flights Become More Common, and Contracts of Carriage Might Be the Answer
Get PDFIn this article, Gavin Coveney seeks to give to a short description of current space laws and the lack of regulation. Gavin Coveney also gives a short breakdown of solutions and how current airline Contracts of Carriage provide inspiration for future space Contracts of Carriage.https://scholarship.law.slu.edu/lawjournalonline/1092/thumbnail.jp
International Application of CFAA: Scraping Data or Scraping Law?
Get PDFWeb scraping has resulted in a growing number of civil litigations internationally, including claims under the Computer Fraud and Abuse Act (“CFAA”) in the United States. With the Supreme Court’s first ever decision on the CFAA, in Van Buren v. United States, and its granting of LinkedIn’s petition for certiorari in June 2021, the CFAA is expected to attract even more interest among scholars and practitioners. However, little attention has been given to its cross-border ramifications. Cases show that U.S. courts are more than willing to apply the CFAA extraterritorially, even though their analyses are often flawed. In addition, other conflict-of-laws rules, such as personal jurisdiction and forum non conveniens, impose few constraints on the CFAA’s international effects. Given that CFAA claims are more likely to succeed than other causes of action, there is a strong motivation for website owners to enjoin scraping internationally by filing CFAA claims in U.S. courts. It is therefore argued that U.S. courts should consider the international impacts of the CFAA with care when interpreting its substantive provisions. Such due regard to comity will be in the national interest of the United States
2022--Environmental Justice: at the Intersection of Climate Change and Public Health
No full textThe Center for Health Law Studies at Saint Louis University School of Law will host its 34th Health Law Symposium, which will explore themes related to climate change, environmental justice and the public health. At a time in which the disparate impact of climate change has become the subject of daily news, the symposium brings together scholars and practitioners to reflect on the implications of a warming planet for health law and policy, environmental justice and equity. Due to the pandemic, the event will be held via Zoom. Registration is free. The proceedings will be published in the Saint Louis University Journal of Health Law & Policy.https://scholarship.law.slu.edu/jhlpsymposia/1001/thumbnail.jp
2022 (Virtual) Day 1--Health Inequities and Employment: The Continued Struggle for Justice
No full textEmployment and health inequities are inextricably linked, which has been illustrated by the Covid-19 pandemic. Essential workers, who are predominately racial and ethnic minorities, have disproportionately been infected, hospitalized, and died from Covid-19. Low-wage women workers have lost jobs and health insurance coverage at higher rates than men during the pandemic, while elderly, disabled, and pregnant workers have often been denied accommodations that would protect them from the workplace exposure of Covid-19. Although federal, state, and local government and public health officials have acknowledged that social conditions, such as housing and education, limit an individual’s ability to be healthy, they have failed to make the connection between employment and health inequities. This two day symposium entitled, Health Inequities and Employment: The Continued Struggle for Justice, will convene workers, scholars, lawyers, and community advocates to not only highlight the connection between employment and health inequities, but also to create a plan for utilizing public health, civil rights, and employment laws to address health inequities. This event is co-sponsored by the Saint Louis University Law Journal, the Wefel Center for Employment Law, and the Institute for Healing Justice and Equity. The proceedings will be published in the Saint Louis University Law Journal.https://scholarship.law.slu.edu/lj_wefel_symposia/1000/thumbnail.jp
Legislative Push Towards Supersession in Missouri: Why the State Attorney General Should Not Be Statutorily Granted Concurrent Jurisdiction with Locally Elected Prosecutors
Get PDFThere is a current trend of electing progressive or “reform-minded” prosecutors over “tough-on-crime” prosecutors in local elections across the country. Traditionally, prosecutors have possessed wide discretion over which cases to prosecute or not, and the law presumes that “prosecutors make discretionary decisions disinterestedly, unaffected by their own self-interest or the interest of others.” However, recently in Missouri, state officials have pushed for providing the state attorney general with concurrent jurisdiction over certain cases. In particular, the Missouri Senate passed a provision through an amendment to House Bill 2 (“HB2”) that would allow the State Attorney General to take over homicide cases in St. Louis City after ninety days if the Circuit Attorney has not filed charges or by request from “the chief law enforcement officer of the investigative agency for the alleged criminal offense or offenses.” Proponents of the measure say understaffed and inexperienced prosecutors require this kind of assistance to fight the “crime epidemic” in St. Louis City.
The proposed HB2 would drastically change Missouri’s historical practice of allowing the local prosecutor to exercise wide discretion in their roles. The election of progressive prosecutors in various cities and counties across the country is not something that has happened by chance. These communities are making the active choice to elect someone as prosecutor who feels the same way they do about the justice system. Voters who elect progressive prosecutors expect them to take many of the actions discussed throughout this Note, such as reduced prosecution of drug crimes or infrequent attempts to pursue the death penalty. While this issue is somewhat new in Missouri, similar proposals and discussions concerning a local prosecutor’s level of discretion have arisen across the country. This author suggests that the best resolution is for local legislatures to reject bills like HB2, which intentionally transfer local power away to the state level