Saint Louis University
Saint Louis University School of Law Research: Scholarship CommonsNot a member yet
3119 research outputs found
Sort by
United States v. Arias: Can the Confrontation Clause Compel Discovery?
Get PDFIn United States v. Arias, the Eighth Circuit ordered documents to be produced on the basis of the Confrontation Clause. Despite creating a circuit split, in this article Ryan Gallagher argues that the holding is correct.https://scholarship.law.slu.edu/lawjournalonline/1053/thumbnail.jp
Queer Sacrifice in Masterpiece Cakeshop
Get PDFThis Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s interest in affirming the primacy of marriage. Masterpiece, however, demonstrates that when the litigants’ sexual identities seem less assimilated and more destabilizing to the status quo, the Court becomes much less inclined to protect them from discrimination and, in turn, reacts by reinforcing its interest to preserve the status quo—one that relies on religious freedoms to fortify heteronormativity. To push this observation further, this Article explores how such failure of interest convergence in Masterpiece extends Derrick Bell’s thesis on involuntary racial sacrifice and fortuity into the LGBTQ context—arguing that essentially Masterpiece is an example of queer sacrifice. Thus, using the appositeness of critical race thinking, this Article regards the reversal in Masterpiece as part of the contours of interest convergence, queer sacrifice, and fortuity in the LGBTQ movement. Such observations ultimately prompt this Article to propose specific liberationist strategies that the movement ought to adopt in forging ahead
\u27Sex\u27 and Religion after Bostock
Get PDFThis paper reviews the U.S. Supreme Court’s opinion in Bostock v. Clayton County. There, the Court held that by barring employer discrimination against any individual “because of such individual’s . . . sex,” Title VII of the Civil Rights Act of 1964 also bars employment discrimination because an individual is gay or transgender. The paper then speculates about how much Bostock will affect how likely lower court judges will read other “sex” discrimination prohibitions in the U.S. Code in the same way, in part based on a canvass of the text of about 150 of those prohibitions. The paper also discusses the religion-based defenses that defendants may raise in response under Title VII itself, the Religious Freedom Restoration Act, and the First Amendment of the U.S. Constitution. And the paper suggests how Bostock’s effect will likely vary with the influence of Trump-appointed federal judges
Immigration, Emigration, Fungible Labour and the Retreat from Progressive Taxation
Get PDFWith emphasis on the US, this chapter explores the role that taxation plays in the movement of people and capital. The chapter addresses the relationship between taxes and retention of capital, including tax incentives for capital investment, shifting tax burdens from capital to labor as progressive taxation wanes, and rules preventing the escape of capital from its current taxing jurisdiction. Next, the discussion moves on to consider how taxes supplement immigration policy to attract capital currently outside the jurisdiction. The chapter then queries whether taxes play any significant role in attracting or retaining skilled labor before identifying how tax trends disadvantage less desirable , fungible, frequently immigrant labor in response to anti-immigration and anti-immigrant public sentiment. The chapter concludes by observing a relationship between taxation and the unwillingness of societies to help those who culturally, ethnically, racially or religiously differ from the bulk of the membership in the society as that society may change from time to time
Post-Traumatic Stress Disorder (PTSD) Coverage and other Expanding Benefit Changes in the Workers’ Compensation Insurance Marketplace: Academic Legal Perspective
Get PDFThis paper discusses the increased use of causation presumptions in workers\u27 compensation cases involving firefighters and other first responders. It also considers increasing workers\u27 compensation coverage of post traumatic stress disorder with respect to those same categories of workers. The paper discusses how workers\u27 compensation coverage of certain conditions tends to parallel the growth of potential tort liability, observes that disease presumptions were a feature of early 20th century workers\u27 compensation statutes (and so are not new), and argues that recognition of workers\u27 compensation mental-mental claims has been consistent with zone of danger expansion of the negligent infliction of emotional distress cause of action
