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The Science of Successful Teaching: Incorporating Mind, Brain, and Education Research into the Legal Writing Course
Get PDFMedicaid’s Role for Seniors and People with Disabilities: Current State Trends
Get PDFMedicaid fills a gap in the U.S. health care system as the primary payor for long-term services and supports (LTSS). These services enable seniors, people with disabilities, and those with chronic illnesses to live independently in the community, outside of nursing homes and other institutions. Most Medicaid home and community-based services (HCBS) are covered at state option, unlike nursing home care, which all state Medicaid programs must cover. States have substantial flexibility in designing their Medicaid HCBS programs under federal law, and Medicaid provides an important source of federal funding to states to help meet the LTSS needs of seniors and people with disabilities. The optional nature of most HCBS puts the populations receiving these services at risk if Medicaid’s federal financing structure were to change in a way that would decrease federal funding to states, such as through a block grant or per capita cap. These remarks were delivered at Saint Louis University School of Law’s 31st Annual Health Law Symposium: The Struggle for the Soul of Medicaid on April 5, 2019, and have been edited for clarity
Painfully Prescribed: Could Taking Opioids as Legal Treatment Result in Discrimination Uncovered by the ADA?
Get PDFAmended in 2008, the Americans with Disabilities Act (ADA), with its sole mission to protect individuals with disabilities, is still gaping with holes in coverage due to recent court interpretations. One such interpretation is the lack of protection for patients being treated with legally prescribed medications. With widespread misconceptions about opioid use and its effects, employers take adverse action upon their employees seeking necessary treatment. This paper will discuss the harmful consequences of courts narrowly interpreting the ADA against coverage of these patients, as well as the potential revitalization of the ADA’s mission in pending actions
On The Judicialization of Health
Get PDFThe provision of health care has long been at the forefront of domestic and international debates, philosophical inquiries, and political agendas. A growing body of legal scholarship has added to the debate by examining the role of judicial review in the context of health-related litigation. What role, if any, should courts play in compelling the provision of health care or in furthering access to potentially life-saving medicines?
This question intersects with multiple strands of the law. For instance, it has an institutional component that interrogates the function(s) of courts within systems of checks and balances. It ties into constitutional design choices, as the right to health is expressly recognized by some national constitutions while others are silent on the matter. And, perhaps more fundamentally, it invites us to revisit our notions of fairness and distributive justice in a world of soaring drug and health care costs.
Judge Santos’ timely piece, Beyond Minimalism and Usurpation,1 richly interweaves constitutional law analysis and empirical data on health-related litigation in Brazil to ponder these issues
Transgender Rights and the Missouri Human Rights Act: An Overview of R.M.A. v. Blue Springs R-IV School District
Get PDFIn this article, Michael Scott discusses how the Missouri Supreme Court, in R.M.A. v. Blue Springs R-IV School District, held that a transgender student had pled sufficient facts that his school district had discriminated against him on the grounds of his sex to survive a motion to dismiss.https://scholarship.law.slu.edu/lawjournalonline/1008/thumbnail.jp
\u27The\u27 Ohio State University\u27s Newest Trademark Application Draws Public Backlash
Get PDFOhio State University\u27s attempt to trademark the word \u27the\u27 has been described as over broad and an attempt to abuse trademark protections. Alex Baldwin provides a look at other trademark applications that drew criticism from the general public, which might give insight to the application\u27s fate.https://scholarship.law.slu.edu/lawjournalonline/1006/thumbnail.jp
Sales Tax for Remote Sellers: Missouri’s Response in a Post-Wayfair World
Get PDFHannah Meehan discusses the removal of the physical presence requirement following South Dakota v. Wayfair and Missouri\u27s potential responses.https://scholarship.law.slu.edu/lawjournalonline/1001/thumbnail.jp
Building a Better Bar Exam
Get PDFIn the wake of declining bar passage rates and limited placement options for law grads, a new bar exam has emerged: the UBE. Drawn to an allusive promise of portability, 36 U.S. jurisdictions have adopted the UBE. I predict that in a few years the UBE will be administered in all states and U.S. territories. The UBE has snowballed from an idea into the primary gateway for entry into the practice of law. But the UBE is not a panacea that will solve the bar passage problems that U.S. law schools face. Whether or not to adopt a uniform exam is no longer the question. Now that the UBE has firmly taken root, the question to be answered is what can be done to make sure that the UBE does less harm than good?
This paper will, in four parts, examine the meteoric rise and spread of the UBE and the potential costs of its quick adoption. Part one will survey the gradual move away from state law exams to the jurisdictionally neutral UBE. Part two will identify correlations between recent changes to the multistate exams and a stark national decline in bar passage rates. Part three will address the limitations of the UBE, including the misleading promise of score portability and the consequences of forum shopping. Part four will propose additional measures that can coexist with the UBE to counterbalance its limitations to make a better bar exam for our students and the clients they will serve
An Ohio \u27Test\u27 Case Could Have Major Impact on Nation’s Fight Against Opioids
Get PDFState and local governments across the country are filing lawsuits against a number of companies they claim are liable for the nation\u27s opioid crisis. One of the first major cases will play out this October in Ohio. Jack James discusses how its outcome could be determinative of what direction the fight is heading.https://scholarship.law.slu.edu/lawjournalonline/1015/thumbnail.jp
