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Home > SLU Law Journal Online

SLU Law Journal Online

 

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.

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  • The Spooky Side to a Seller’s Market by Lindsey Fafoglia

    The Spooky Side to a Seller’s Market

    Lindsey Fafoglia

    Halloween is creeping closer, which means many people will be watching scary movies, telling ghost stories, and visiting haunted houses. While you might want to keep the hauntings out of your own home, you could be at the will of the seller. Lindsey Fafoglia analyzes seller's disclosure laws as they relate to paranormal activity.

  • Space Force: Battle of the Trademarks by Sinead McGonagle

    Space Force: Battle of the Trademarks

    Sinead McGonagle

    Sinead McGonagle analyzes the implications and potential legal issues of both the U.S. Government and Netflix's use of the term "Space Force" under current trademark law.

  • The End of Cash Bail: As Simple as Sending a Text Message? by Dylan Ashdown

    The End of Cash Bail: As Simple as Sending a Text Message?

    Dylan Ashdown

    Pre-trial detainees make up more than 70% of the U.S. jail population. Dylan Ashdown discusses the frequently discriminatory bail practices across the United States and how some jurisdictions are starting to do away with cash bail.

  • TikTok is on the Clock, Will Democracy Stop? by Jenna Koleson

    TikTok is on the Clock, Will Democracy Stop?

    Jenna Koleson

    On August 6, 2020, President Trump issued an executive order to deal with a supposed national emergency: TikTok. Jenna Koleson discusses how this severe response to abstract national security concerns sets a dangerous precedent for democracy.

  • The Future of Electioneering in Wyoming by Alex Beezley

    The Future of Electioneering in Wyoming

    Alex Beezley

    Wyoming's electioneering law is among the most expansive in the country. In this article, Alex Beezley examines a recently filed lawsuit challenging the law and predicts how the court will decide the case based on the Supreme Court's reasoning in Burson v. Freeman.

  • Leveraging Quantum Technologies to Address the Next Pandemic by Will Saunders

    Leveraging Quantum Technologies to Address the Next Pandemic

    Will Saunders

    Will Saunders discusses quantum computing technologies and their ability to speed up our manufacturing processes through synthesizing new medications and detect deficiencies in our current supply chain structures to combat widespread diseases and prevent further spread. From complex molecular modeling to simulating future outbreaks, quantum technologies offer a means for better predictability and optimization for handling future outbreaks

  • COVID-19 and Public Accommodations Under the Americans with Disabilities Act: Getting Americans Safely Back to Restaurants, Theaters, Gyms, and “Normal” by Frank Griffin M.D., J.D.

    COVID-19 and Public Accommodations Under the Americans with Disabilities Act: Getting Americans Safely Back to Restaurants, Theaters, Gyms, and “Normal”

    Frank Griffin M.D., J.D.

    THIS IS A PRELIMINARY EXPEDITED VERSION OF THE OFFICIAL ARTICLE TO BE ORIGINALLY PUBLISHED IN SAINT LOUIS UNIVERSITY LAW JOURNAL VOLUME 65 NUMBER 2

    COVID-19 permanently changed the way places of public accommodation like restaurants, theaters, medical facilities, arenas, gyms, and many other proprietors of mainstream American activities must operate in order to accommodate people with newly-defined, COVID-19-related disabilities under Title III of the Americans with Disabilities Act (ADA). The required modifications will affect all patrons and employees of these establishments. Under the ADA, places of public accommodation are barred from discriminating against people with disabilities in the full and equal enjoyment of goods, services, and facilities. Infectious diseases like tuberculosis and HIV have been categorized as disabilities under the ADA, and COVID-19 is defining new categories of individuals with disabilities (including individuals vulnerable to COVID-19 complications) as revealed in this paper. Places of public accommodation will be required to establish non-discriminatory methods to identify “direct threats,” to modify policies and procedures for COVID-19-related disability groups identified here, and remove structural barriers that discriminate against those same groups. Controversial measures like fever checkpoints, mandatory face masking, and required social distancing are discussed in depth and analyzed in light of the ADA’s requirements.

  • Got Milk: The Labeling Crisis Taking Over the Nation by Eric Harmon

    Got Milk: The Labeling Crisis Taking Over the Nation

    Eric Harmon

    The article by Eric Harmon is about the regulatory definition of milk, which defines it narrowly, and the FDA’s potential action to begin enforcing it. The article is focused on that potential and its impact on the plant-based milk industry and labeling of plant-based milks.

  • Sales Tax for Remote Sellers: Missouri’s Response in a Post-Wayfair World by Hannah Meehan

    Sales Tax for Remote Sellers: Missouri’s Response in a Post-Wayfair World

    Hannah Meehan

    Hannah Meehan discusses the removal of the "physical presence" requirement following South Dakota v. Wayfair and Missouri's potential responses.

  • Airborne Argus?: St. Louis, Persistent Surveillance Systems, and Stabilizing the Lofty Aims of Fourth Amendment Jurisprudence by Jacob Schlosser

    Airborne Argus?: St. Louis, Persistent Surveillance Systems, and Stabilizing the Lofty Aims of Fourth Amendment Jurisprudence

    Jacob Schlosser

    In October of last year, the City of St. Louis considered implementing an unprecedented aerial surveillance program. In this article, Jacob Schlosser discusses this powerful but legally questionable system.

  • Geographic Indicators: Unexpected Fodder in Brexit Negotiations by Libby McKown

    Geographic Indicators: Unexpected Fodder in Brexit Negotiations

    Libby McKown

    The future of intellectual property, especially geographical indications, in the UK is increasingly murky. Libby McKown explores what will happen if GIs are used in the fray of hard negotiations about Brexit.

  • The First Step Act: Filling the Gap in Missouri by Christopher Doyle-Lohse

    The First Step Act: Filling the Gap in Missouri

    Christopher Doyle-Lohse

    Although the federal government’s First Step Act is a move in the right direction when it comes to addressing criminal justice in America, states bear the responsibility of doing their part. In this article, Christopher Doyle-Lohse addresses the gaps Missouri must fill to achieve criminal justice reform.

  • The Right to Deregulate: The CFPB’s Authority to Remove the Ability-to-Pay Requirement as it Pertains to Payday Lenders by Ben Davisson

    The Right to Deregulate: The CFPB’s Authority to Remove the Ability-to-Pay Requirement as it Pertains to Payday Lenders

    Ben Davisson

    The Consumer Financial Protection Bureau is proposing to rescind the rule requiring payday lenders to assess a borrower's ability to repay the loan. This article by Ben Davisson explores the Bureau's authority to rescind its own rule despite the potentially harmful effects on vulnerable low-income consumers.

  • 'The' Ohio State University's Newest Trademark Application Draws Public Backlash by Alex Baldwin

    'The' Ohio State University's Newest Trademark Application Draws Public Backlash

    Alex Baldwin

    Ohio State University's attempt to trademark the word 'the' 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's fate.

  • Evolving Societal Norms and the Fourth Amendment: Government Tracking of Cellphone Locations in an Era of Commercial Tracking by Paul Tahan

    Evolving Societal Norms and the Fourth Amendment: Government Tracking of Cellphone Locations in an Era of Commercial Tracking

    Paul Tahan

    In Carpenter v. United States, the Supreme Court found that a warrant was required to obtain historical location data obtained from cell-site records connected with cellphone use. In this article, Paul Tahan examines whether this holding is likely to remain good law in an era where the GPS location of a smartphone is becoming increasingly public.

  • Transgender Rights and the Missouri Human Rights Act: An Overview of R.M.A. v. Blue Springs R-IV School District by Michael Scott

    Transgender Rights and the Missouri Human Rights Act: An Overview of R.M.A. v. Blue Springs R-IV School District

    Michael Scott

    In 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.

  • Untangling the NLRB Joint-Employer in 2019 by Adrian Mehdirad

    Untangling the NLRB Joint-Employer in 2019

    Adrian Mehdirad

    Recently the National Labor Relations Board has sought to change the joint-employer standard for the third time over the past 5 years, leaving employers, employees, and unions uncertain about the entire situation. In this article, Adrian Mehdirad discusses how to interpret the most recent NLRB standard.

  • A Cursory Overview of the St. Louis City-County Merger Proposal by Nick Luisetti

    A Cursory Overview of the St. Louis City-County Merger Proposal

    Nick Luisetti

    In this article, Nick Luisetti summarizes the Better Together Coalition's proposal to merge the St. Louis City and County governments, and potential consequences to follow if the proposal passes a state-wide vote.

  • Discharging Student Loans in Bankruptcy by Zachary Langrehr

    Discharging Student Loans in Bankruptcy

    Zachary Langrehr

    This article by Zachary Langrehr discusses the Private Student Loan Bankruptcy Fairness Act of 2019 and provides an overview of the current law governing the dischargeability of private educational debt.

  • President Donald Trump Has the Authority to Build the Wall Using Executive Funds by Jason Kusnerick

    President Donald Trump Has the Authority to Build the Wall Using Executive Funds

    Jason Kusnerick

    In this article, Jason Kusnerick argues that President Donald Trump has the authority to build the wall on the southern border of the U.S. by using executive funds against Congressional approval.

  • The Supreme Court to Consider Warrantless Blood Draws by Javairia Khan

    The Supreme Court to Consider Warrantless Blood Draws

    Javairia Khan

    In this article, Javairia Khan discusses how the Supreme Court has granted certiorari to hear a Wisconsin case about the constitutionality of warrantless blood draws of unconscious motorists.

  • Missouri: The Puppy Mill Capital of the World by Jared Jones

    Missouri: The Puppy Mill Capital of the World

    Jared Jones

    Some suggest Missouri should adopt a law like California’s banning the retail sale of non-rescue dogs. Jared Jones argues that this would do little to change the state's reputation as the puppy mill capital of the world. Instead, Missouri must regulate breeders more restrictively.

  • An Ohio 'Test' Case Could Have Major Impact on Nation’s Fight Against Opioids by Jack James

    An Ohio 'Test' Case Could Have Major Impact on Nation’s Fight Against Opioids

    Jack James

    State and local governments across the country are filing lawsuits against a number of companies they claim are liable for the nation's 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.

  • Six Myths of Capping Pain and Suffering Damages by Katherine Hubbard

    Six Myths of Capping Pain and Suffering Damages

    Katherine Hubbard

    States have been split on whether to uphold or drop non-economic damage caps on damages for decades, hoping to lower medical malpractice lawsuits and insurance premiums for physicians. In this article, Katherine Hubbard discusses six of the many myths surrounding the debate.

  • The Beginning of the Next BAC Revolution? by Ginny Hogan

    The Beginning of the Next BAC Revolution?

    Ginny Hogan

    In 1983, Utah led the charge in drunk-driving enforcement, lowering its legal BAC from 0.10 to 0.08. Now the Beehive State has once again lowed legal BAC limits. Ginny Hogan discusses whether this is the start of another BAC revolution.

 
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