SLU Law Journal Online

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  WHAT’S PAST IS PROLOGUE: THE EFFECTS OF SHELBY COUNTY V. HOLDER IN GEORGIA

  Jane Delworth

  The Supreme Court’s decision in Shelby County v. Holder, which struck down Section 4 and, by extension, Section 5 of the Voting Rights Act, created a clear path for discriminatory voting laws to take hold. This article explores how the Supreme Court decision paved the way for second-generation barriers to voting, which legally diminish the influence of minority voters and in some cases, effectively block their participation altogether. It also examines Georgia’s role as a key state advancing these second-generation barriers to voting, alongside proposed legislation aimed at preventing these discriminatory practices before they can impact voters.

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  FROM DATA TO DECISIONS: SAFEGUARDING ATHLETES IN THE AGE OF AI

  Nathan Elmer

  Artificial intelligence (AI) and data analytics are transforming professional sports by enhancing player performance, injury prevention, and scouting. However, the rapid adoption of AI raises significant concerns about data privacy, ownership, and decision-making biases that affect athletes. While collective bargaining agreements in major sports leagues provide some protections, they fail to address the complexities of AI-driven data collection and processing. The United States should adopt a regulatory framework similar to the European Union’s General Data Protection Regulation (GDPR) to safeguard athletes’ personal data. Implementing explicit consent requirements, addressing power imbalances, and ensuring transparency in AI decision-making would protect athletes while allowing for continued technological innovation.

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  AMENDMENT 7 BALLOT CANDY AND THE SINGLE SUBJECT RULE: HOW THE LEGISLATIVE SUPERMAJORITY AMENDED THE STATE CONSTITUTION TO LIMIT VOTER CHOICE

  Joshua A. Jones

  During the most recent general election, Missouri voters passed Amendment 7, a legislative ballot measure which erected bulwarks around an election process that limits voter choice. This article will discuss some of Missouri’s constitutional protections against deceptive ballot provision packages, specifically the single subject rule, as well as why they necessarily fall short of total efficacy. It does not argue for a more stringent application of the rules, because doing so would have implications for one of Missourians’ most powerful tools of direct democracy. The paper will examine Amendment 7 for its use of “ballot candy” that legislators successfully dangled to push unpopular rider provisions past unsuspecting voters and enticed them to undermine their own interests.

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  ANTIQUATED PRACTICES IN MISSISSIPPI THAT ARE IMPEDING THE RIGHT TO VOTE

  Amanda Noel

  Mississippi is historically one of the most difficult states to cast a vote, especially for marginalized groups. Despite voting becoming more accessible throughout the United States, recently, Mississippi courts and legislature have sought to reverse years of progress by denying those convicted of felonies the right to vote upon reform and by making it a crime to assist others in casting absentee and mail-in ballots. In this paper, Amanda Noel discusses the implications of Mississippi’s attempts at disenfranchisement and proposes feasible solutions to aid those in accessing their fundamental right to vote.

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  WALKING THE TIGHTROPE: PROTECTING RESEARCH FROM FOREIGN EXPLOITATION WHILE FOSTERING RELATIONSHIPS WITH FOREIGN SCIENTISTS

  C. John Cox

  In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

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  MISSISSIPPI'S CONTRIBUTION TO INFORMING THE PUSH FOR FEDERAL LEGISLATION

  Nolan G. Forthaus

  The NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.

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  “WHITE COLLAR CRIME” IS A EUPHEMISM TO ABANDON

  Anthony J. Meyer

  Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.

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  THE MISGUIDED USE OF THE HARVARD/UNC RULING TO THWART LAW FIRM AND OTHER PRIVATE EMPLOYER DEI EFFORTS

  Ronald A. Norwood

  This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected classes in accordance with Title VII of the Civil Rights Act of 1964 and EEOC regulations. On the contrary, where such DEI programs seek to remedy historical discrimination at a particular company, provide mandatory DEI training to personnel, or seek to afford opportunities based on race-neutral, socioeconomic factors such as underrepresentation or economic disadvantage, such DEI programs should be deemed in full compliance with existing law and can and should withstand judicial scrutiny.

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  FOOL ME ONCE … WHY THE AMERICAN DATA PRIVACY ACT PROPOSAL FAILS TO ADEQUATELY DETER DATA PRIVACY VIOLATIONS

  Melissa Mann

  The recent Supreme Court decision of Dobbs v. Jackson Women's Health Organization raises many questions regarding the privacy of health data. In this article, Melissa Mann discusses some concerns that may arise with the use health applications to track personal data and potential privacy laws that could be enacted to protect these users.

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  HOW INTELLECTUAL PROPERTY LAWS ALLOW FOR FASHION DUPES

  Miranda Nolan

  The rise of technology brought an increase in the number of "knockoff" fashion pieces that are easily accessible to consumers. In this article, Miranda Nolan discusses the impact and growth of fast fashion brands that changed fashion for average Americans who are unable to afford luxury brands.

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  Rethinking the Value of Originalism

  Tobias Gibson, Jakob Gibson, and Matthew Trout

  Originalism is one of many approaches to Constitutional interpretation that has evolved and changed from the time of its inception. In this article, Tobias Gibson, Jakob Gibson, and Matthew Trout discusses the disagreement between the application and interpretation of what originalism constitutes and mandates.

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  CALIFORNIA LAW CHANGES THE FASHION INDUSTRY FUREVER: First Statewide Fur Ban Takes Effect This Year

  Mikee Olegario

  On January 1^st of this year, California made history in becoming the first to enact a statewide fur ban, prohibiting the sale of new clothing and accessories made of fur. This article explores the potential implications of the ban for the state, California's influence in the fashion industry, and the future of the fur industry for the rest of the nation. In this article, Mikee Olegario will use these factors to analyze how one state's bill could have a major impact on ethical fashion forever.

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  Closing The Uptake Gap: Why Missouri Should Pass The Clean Slate Bill

  Chloë Driscoll

  The proposed Clean Slate Bill, or Missouri House Bill 352, aims to create an automatic expungement process for eligible individuals in Missouri. Less than one percent of eligible Missourians have had their records expunged under the current system, creating what is known as an “uptake gap” that unfairly perpetuates barriers to housing, employment, and education. In this article, Chloë Driscoll advocates for the passage of the Clean Slate Bill, explaining the problems with the current expungement system and the benefits of closing the uptake gap.

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  ChatGPT – What an Attorney Needs To Know When Using This New Tool

  Grant Gamm

  There is a large potential impact of ChatGPT, an AI language processing model, on the legal industry. In this article, Grant Gamm highlights the various benefits and limitations of the new technology, while emphasizing ethical considerations that attorneys must keep in mind when using it. The article also touches on the broader issues of bias and "hallucinations" that can arise with AI tools and their potential impact on society. Overall, the article highlights the need for attorneys to maintain competence in technological advancements and be vigilant about ethical implications when adopting new tools like ChatGPT.

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  Upholding Longstanding Prohibitions on Firearm Possession Under Bruen

  Mitchell Gordon

  The Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen has cast doubt on the constitutionality of federal firearms possession laws, such as the prohibition on felons possessing guns. This piece examines how one federal district court upheld a federal restriction on felon gun possession in the recent wake of the Bruen decision. In this article, Mitchell Gordon especially focuses on the historical facts and analysis that are now required under Bruen in order to uphold a governmental restriction on Second Amendment rights.

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  Overview of Missouri Appellate Briefing Rules and the Case of Hicks v. Northland-Smithville

  Steve Lockwood

  Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.

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  Prioritizing Patients or Impropriety?: Why the 8th Circuit’s Cairns Decision sets a Dangerous Precedent Jeopardizing Patient Protection and Government Investment in Federal Programs

  Nicole Beachboard

  In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.

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  That’s It? Scrutinizing the Marshal of the Supreme Court’s Role in an Investigation within the Context of 28 U.S.C. § 672

  Josh Zoeller

  In May 2022, the Dobbs v. Jackson Women’s Health Organization majority opinion was leaked to the news outlet POLITICO. Very quickly thereafter, Chief Justice Roberts ordered the Marshal of the U.S. Supreme Court to investigate who was responsible for the leak. In this article, Josh Zoeller scrutinizes the Marshal’s report on the investigation while providing background on the Marshal’s role at the Court and how the position is statutorily defined.

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  Political Subdivisions, Homelessness, and Vacancy: How Missouri’s Use of Logrolling Passed House Bill 1606

  Kateri Busiek

  In June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.

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  EPA and Army’s New WOTUS Definition and Another Finalized Rule This Spring

  Joe Retzer

  On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.

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  Running a Different Route: How YouTube TV Plans to Avoid Antitrust Violations

  Brody Shea

  After reaching a deal this past December, YouTube TV is now the sole option for NFL Sunday Ticket subscribers. By providing out-of-market sports games in a bundled package, YouTube TV runs the risk of violating the Sherman Antitrust Act. In this article, Brody Shea addresses how YouTube TV can avoid future litigation.

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  At a Glance: Defining Missouri’s Homeschooling Regulations

  Christine Hall

  American parents have a right to homeschool their children, and it is only growing in popularity. Each state has the power to regulate homeschooling, and some do not regulate it at all. In this article, Christine Hall analyzes the practical application of Missouri's homeschooling statute and argues for a change in these regulations.

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  RE-EXAMINING THE LANDSCAPE OF EMPLOYEE DRUG-TESTING IN MISSOURI POST-AMENDMENT 3

  Paige Hume

  In November 2022, Missouri residents voted to ratify Amendment 3 to the state constitution and make the recreational use of marijuana legal. Yet, Missouri is one of only a few states that does not have protections for private employment drug testing. In this article, Paige Hume discusses the landscape of employment drug testing in Missouri, as well as the impact of the new amendment on workers.

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  Freeports: An Introduction to the Next Battleground of International Tax Avoidance

  Charles F. Whitten

  Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.

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  Conflicting Interests in Name and Pronoun Policies in K-12 School

  Manni Jandernoa

  The year 2022 has brought a record number of proposed antitransgender legislation throughout the country. With an expanding amount of youths identifying as transgender and/or nonbinary, schools are continuing to grapple how to support these students while complying with the law. In this article, Manni Jandernoa discusses individual conflicting interests involved with respect to the application or lack of school name and pronoun policies.