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 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.
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'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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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Quotas: California’s Attempt to Crack Down on the Glass Ceiling
Jessica Gottsacker
California's law requiring a minimum number of women as board directors for the state's publicly held companies went into effect Jan. 1, 2019. The law aims for corporate equality, but it may face several legal battles before the end of the year. Jessica Gottsacker explains some of the law's shortcomings.
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Will the President Succeed in Ending Birthright Citizenship?
Lindsay Gilmore
President Trump declared that he intends to eliminate birthright citizenship for non-citizens. Recognizing that an executive order to that effect would be challenged in the courts, this article by Lindsay Gilmore analyzes Supreme Court precedent and predicts the manner in which the courts would respond.
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Raising the Bar: The ABA’s Pulling of Accreditation and Its Oversight in Legal Education
Alex Gass
The American Bar Association's role in accrediting and disciplining law schools has entered a new and contentious era: litigation. In this article, Alex Gass discusses the history of law school accreditation and the recent lawsuits against the ABA by law schools disciplined for their failure to adhere to ABA standards.
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How Did College Basketball Land in Federal Court and Where Does it Go From Here?
Ben Gamble
Corruption in college basketball recruiting resulted in federal convictions and prison sentences for two former Adidas executives and a sports agency recruiter. With an alternate, professional basketball route now available to certain high school prospects and a pending NCAA investigation into the schools named at trial, Ben Gamble looks at where college basketball goes from here.
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The Future of Anti-SLAPP Laws
Aaron Freeman
Aaron Freeman explains that even though anti-SLAPP laws have become an important protection for the exercise of First Amendment rights, their future in federal courts is uncertain.
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Title VII and the Fair Housing Act: The Seventh Circuit Creates a New Cause of Action
Maysa Daoud
This article by Maysa Daoud discusses a newly devised test under which the Seventh Circuit assigned liability to a landlord for tenant on tenant sex-based harassment.
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The Continuing Battle Over Net Neutrality
Mike Crawford
In this article, Mike Crawford discusses how net neutrality continues to be a heated debate about who has the right and ability to create laws that will impact the way information on the Internet is viewed.
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Why Do Bail Abolition Advocates Oppose the California Money Bail Reform Act?
Jackie Coffman
For years, bail abolition advocates have pushed for a cashless bail system. In this article, Jackie Coffman discusses how California recently passed a bill to do just that – but not without some criticism.
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InterVarsity Christian Fellowship v. University of Iowa
Onalee Chappeau
Onalee Chappeau discusses the ongoing case of The University of Iowa v. InterVarsity Christian Fellowship, including an analysis under a past Supreme Court decision and the suit's implications for pluralism on college campuses.
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When Both Apply, Does Title VII displace Title IX in Employee-on-Employee Sexual Harassment Cases?
Ryan Butler
Ryan Butler explores the possibility of an employee-on-employee sexual harassment circuit split, causing some employees to have a remedy under only Title VII, while others may have remedies under both Title VII and Title IX.
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Emoluments, The (Nearly) Unlitigated Clauses of the Constitution
Dan Blair
Dan Blair discusses the ongoing case of District of Columbia v. Trump, including the court’s definition of “emoluments” under the Constitution, and whether domestic and foreign government representatives staying at the president’s hotel violates the Domestic Emoluments Clause or the Foreign Emoluments Clause of the Constitution.
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The Eighth Circuit Set to Grapple with Sexual Orientation Discrimination
Kenny Bohannan
In this article, Kenny Bohannon discusses whether the Eighth Circuit in the case of Horton v. Midwest Geriatric Management will determine that Title VII bars discrimination based upon sexual discrimination.