Welcome to the SLU Law Journal Online! Here, we publish short pieces by students that provide insight and unique perspectives on the hottest legal issues currently facing our community, our nation, and our world. Please check back often as there is always new content being published.
Digital 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.
In 2016, the American Bar Association amended the Model Rules of Professional Conduct to include Rule 8.4(g) in an attempt to include a prohibition against discrimination and harassment with conduct related to the practice of law. While discrimination and harassment remain commonplace in the legal profession, many states refused to adopt Rule 8.4(g) which resulted in an unprecedented response to the ABA amendment. In this article, Sara Rakowiecki emphasizes the necessity for the legal profession to adopt and apply Rule 8.4(g) to cultivate a legal community where lawyers are consistently ethical and professional in the practice of law.
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?
Last 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' 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.
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
In 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.
With the rise of the Covid-19 pandemic, some businesses found themselves unable to perform on their contracts due to Covid-19's 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.
DACA has been a controversial immigration program for almost a decade, as it winds its way through the United States's court system. In this article, Olivia Dixon argues that federal judge Andrew Hanen's most recent holding, that DACA is unconstitutional, is wrong, specifically looking at the role prosecutorial discretion plays in the program's constitutionality.
There is a discrepancy between laws legalizing daily fantasy sports ("DFS") and laws making sports gambling illegal. In this article, Patrick Azer discusses how DFS has been able to operate under the UIGEA season long fantasy exception, how DFS platforms have disguised sports betting as DFS, and why both DFS and sports betting should be legalized to eliminate ambiguity in the current law.
The Missouri legislature is considering a bill that would drastically lower the statute of limitations for personal injury claims. What factors should be considered when determining the length of a statute of limitations? In this article, Sarah Thompson discusses the interests that are at stake, some arguments in support, and some arguments in opposition to lowering statutes of limitations.
In this article, Adam Renfro examines the legal basis for Major League Baseball's antitrust exemption in light of ongoing lockout in Major League Baseball. This article also discusses ongoing and current threats to the exemption and asserts that the exemption should be abolished once and for all.
Special Purpose Acquisition Companies (SPACs) have exploded in popularity. These so-called “blank check” companies are used as vehicles to take companies public without going through a traditional IPO process. Financial projections in SPACs are currently protected by the safe harbor for forward-looking statements afforded by the Private Securities Litigation Reform Act (PSLRA). In this article, Nick Krone examines whether SPACs should be protected by the PSLRA.
The social cost of carbon (SCC) is a tool used by federal agencies to quantify the cost of carbon emissions in policymaking. As concerns surrounding climate change become more pressing, some states have also begun using the SCC in their own policies, rules, and regulations, while other states like Missouri have actively challenged the metric. In this article, Matthew Geer looks at the origin of the federal social cost of carbon and considers its effectiveness as a tool by state governments to guide policymaking that will prevent climate change from causing irreversible harm to Planet Earth.
The community having faith in the judiciary is vital for the U.S. to function as a democracy. Recently, the Court has become seemingly more politicized, even though Americans prefer an apolitical court. In this article, Mikayla Lewison argues that personal interests of the justices on the Court have likely played a role in whether or not prisoners, like John Henry Ramirez, may have a cleric of their choice inside the chamber as they are executed.
Andrew Melzer, Alok Nadig, and Lindsay Marum
Can blatant workplace discrimination escape the grasp of Title VII? In Chambers v. District of Columbia, the D.C. Circuit is considering whether to revisit a rule that employment discrimination must result in “objectively tangible harm” to give rise to a Title VII claim. In this article, the authors argue that the D.C. Circuit should stay true to the language and purpose of Title VII and adopt a standard similar to the simple “treated less well” test used under the NYC Human Rights Law.
The Rams’ move to Los Angeles in 2016 brought about more than just hard feelings toward the National Football League and owner, Stan Kroenke—it resulted in a billion dollar lawsuit. In this article, Katie Hoffecker analyzes the past five years of the litigation proceedings as the case ultimately settles.
In March 2020, the Trump Administration set forth a policy, now known as Title 42, which closed U.S. borders and allows government officials to immediately expel migrants—including asylum seekers—citing public health concerns in light of the COVID-19 pandemic. Still in effect today, Title 42 has faced criticism from legal experts and health experts alike, who claim the policy directly conflicts with asylum laws and has little basis in public health. In this article, Casey Plach explores this criticism and critiques the Biden Administration’s continued use of Title 42.
ESG Investing: May ERISA Plan Fiduciaries Consider Environmental, Social, and Governance Factors When Making Investment Decisions?
ERISA fiduciaries have long sought guidance from the DOL as to whether environmental, social, and governance (ESG) factors may be considered in their investment decision-making. In 2020, the DOL issued a final rule requiring ERISA fiduciaries to consider solely pecuniary factors. In this article, Morgan Fox discusses a recently proposed rule under the new Administration that eases the restrictions and provides greater leeway for ERISA plan fiduciaries to consider ESG factors.
Recent developments in state law concerning student athlete’s ability to monetize their name, image, and likeness, as well as the Supreme Court’s recent ruling striking down similar restrictions, does not bode well for the NCAA’s remaining policies. In this article, Jovanny Nava explores the implications of these developments.
Domestic violence has increasingly become an issue of employment law. Over thirty states provide workplace protections to employees facing domestic or sexual violence, now including Missouri. In this article, Haley Gassel provides an overview of the recently passed Missouri law and the significance of these safeguards.
In the wake of the COVID-19 pandemic, some employees have recorded videos at work and posted them online to express their disagreement with working conditions. The NLRB recently created a new standard of review for evaluation of employer work rules, and the Board upheld an employer's "no-camera" rule, which included cell phones capable of taking photographs and videos. In this article, Avery Lubbes analyzes whether the Biden Board overturn this ruling as violative of labor rights.
Grand Juries Should Not Hear Police Misconduct Cases: Grand Juries will Indict Anything, but a Police Officer
Grand juries will indict everyone but police officers. In this article, Kaeleigh Williams argues that the time has come for a new mechanism to be used in police officer misconduct cases.
A Missouri Supreme Court ordered the Missouri legislature to implement a state constitutional amendment to expand Medicaid. In this article, Chandni Challa argues that this decision will undoubtedly affect the state economy, and based on empirical evidence from Michigan, provide a net benefit.
Wade’s Way No More? The Future of Reproductive Rights in Light Of Texas Senate Bill 8’s Constitutionality
There are many hot-topic discussions occurring in today's political climate. In this article, Dolly Suresh focuses on the recent legislation in Texas, the Texas Heartbeat Act, and the conversations surrounding it.
Despite years of community organizing, legal advocacy, and policy change to close St. Louis’ Medium Security Institution, the jail has reopened. In this article, Brianna Coppersmith provides a brief history of the campaign to close the jail, commonly called the Workhouse, and discusses what its reopening might mean for related pending litigation.
The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.
Yasmin L. Younis
The “troubled teen industry” is an industry providing behavioral modification treatment to youths that promises to keep children safe, but by design is a breeding grounds for institutionalized child abuse through legal loopholes. By analyzing the legal shortcomings and alleged abuses, Yasmin Younis stresses the importance of heavy regulation in order to provide the necessary treatment some of these children need.