INTRODUCTION International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic, and social rights for those living in poverty in the U.S.1 Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments2 in U.S. courts.3 This Article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in
{"title":"Local Human Rights Lawyering","authors":"J. Bartlett","doi":"10.2139/ssrn.3148687","DOIUrl":"https://doi.org/10.2139/ssrn.3148687","url":null,"abstract":"INTRODUCTION International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic, and social rights for those living in poverty in the U.S.1 Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments2 in U.S. courts.3 This Article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68565816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A very few states in the world, including the US, impose a strange obligation on persons who renounce their nationality by expatriating themselves to pay a special tax. While one might think that a person who gives us his nationality would no longer have any tax obligations to his former state of nationality, this expatriation tax, or “exit tax”, imposes a special tax event and potentially continuing tax obligations for years to follow. It might even chill the practice of renunciation as a tax avoidance scheme. However, international human rights law provides that every person has a right to leave any country, including his own, and to renounce and change his nationality. This paper will examine whether the US exit tax regime violates the international human right of expatriation.
{"title":"Human Rights Law and the Taxation Consequences for Renouncing Citizenship","authors":"W. T. Worster","doi":"10.2139/SSRN.3073563","DOIUrl":"https://doi.org/10.2139/SSRN.3073563","url":null,"abstract":"A very few states in the world, including the US, impose a strange obligation on persons who renounce their nationality by expatriating themselves to pay a special tax. While one might think that a person who gives us his nationality would no longer have any tax obligations to his former state of nationality, this expatriation tax, or “exit tax”, imposes a special tax event and potentially continuing tax obligations for years to follow. It might even chill the practice of renunciation as a tax avoidance scheme. However, international human rights law provides that every person has a right to leave any country, including his own, and to renounce and change his nationality. This paper will examine whether the US exit tax regime violates the international human right of expatriation.","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"62 1","pages":"8"},"PeriodicalIF":0.0,"publicationDate":"2017-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45300555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The fatal shooting of Michael Brown, an African American teenager, in August 2014 by a White police officer in Ferguson, Missouri, and the death of Eric Garner, an African American man who died after being put into a chokehold by a New York City police officer in July 2014, led to a firestorm of protests under the moniker of “Black Lives Matter.” Many Blacks saw these two deaths and the failure to indict the officers involved as reflecting a lack of concern for Black lives.
{"title":"Making Black and Brown Lives Matter: Incorporating Race Into the Criminal Procedure Curriculum","authors":"Cynthia K. Y. Lee","doi":"10.2139/ssrn.3011657","DOIUrl":"https://doi.org/10.2139/ssrn.3011657","url":null,"abstract":"The fatal shooting of Michael Brown, an African American teenager, in August 2014 by a White police officer in Ferguson, Missouri, and the death of Eric Garner, an African American man who died after being put into a chokehold by a New York City police officer in July 2014, led to a firestorm of protests under the moniker of “Black Lives Matter.” Many Blacks saw these two deaths and the failure to indict the officers involved as reflecting a lack of concern for Black lives.","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"60 1","pages":"7"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68475522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Over the past few years, law schools have been dealing with a drastic and, so far, unyielding decline in student interest. Between 2010 and 2013, student enrollments fell almost 25%, to levels not seen in 40 years. This trend has prompted many to wonder what schools have done, and what they can do, to ensure their survival in this new climate. This article explores the extent to which law schools have used students of color, particularly black and Hispanic students, to bolster enrollments and lessen the effects of the downturn. The results of this analysis suggest that a school’s median LSAT score influenced the extent to which the racial composition of its entering classes changed between 2010 and 2013. Black and Hispanic students were critical components of the enrollment management calculus for private law schools with the lowest median LSAT scores. Higher-median schools tended to rely more heavily on white and Asian enrollments to stem declines. These trends led to increased racial and ethnic stratification in law school enrollments, where black and Hispanic students were more likely to attend schools with lower median LSAT scores in 2013 than in 2010, while white and Asian students were more likely to attend schools with higher median scores. Perceptions of law school quality and prestige are greatly influenced by a school’s median LSAT score; therefore, the trend of stratification may only serve to intensify racial and ethnic differences in career paths and trajectories.
{"title":"Diversity as a Law School Survival Strategy","authors":"Aaron N. Taylor","doi":"10.2139/SSRN.2569847","DOIUrl":"https://doi.org/10.2139/SSRN.2569847","url":null,"abstract":"Over the past few years, law schools have been dealing with a drastic and, so far, unyielding decline in student interest. Between 2010 and 2013, student enrollments fell almost 25%, to levels not seen in 40 years. This trend has prompted many to wonder what schools have done, and what they can do, to ensure their survival in this new climate. This article explores the extent to which law schools have used students of color, particularly black and Hispanic students, to bolster enrollments and lessen the effects of the downturn. The results of this analysis suggest that a school’s median LSAT score influenced the extent to which the racial composition of its entering classes changed between 2010 and 2013. Black and Hispanic students were critical components of the enrollment management calculus for private law schools with the lowest median LSAT scores. Higher-median schools tended to rely more heavily on white and Asian enrollments to stem declines. These trends led to increased racial and ethnic stratification in law school enrollments, where black and Hispanic students were more likely to attend schools with lower median LSAT scores in 2013 than in 2010, while white and Asian students were more likely to attend schools with higher median scores. Perceptions of law school quality and prestige are greatly influenced by a school’s median LSAT score; therefore, the trend of stratification may only serve to intensify racial and ethnic differences in career paths and trajectories.","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"59 1","pages":"5"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68208653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-01-01DOI: 10.1017/cbo9781139168687.013
Charles McManis
Introduction This Article proceeds on the assumption that the ultimate goal of intellectual property law teaching--and legal education generally--is not simply to impart knowledge of the law, but rather to inculcate in students the necessary analytical skills to apply the law to new factual situations. Thus, one of the most important, and challenging, tasks for the intellectual property law teacher is helping law students develop the ability to identify emerging legal issues and predict future legal developments in intellectual property law and policy.
{"title":"Teaching Current Trends and Future Developments in Intellectual Property","authors":"Charles McManis","doi":"10.1017/cbo9781139168687.013","DOIUrl":"https://doi.org/10.1017/cbo9781139168687.013","url":null,"abstract":"Introduction This Article proceeds on the assumption that the ultimate goal of intellectual property law teaching--and legal education generally--is not simply to impart knowledge of the law, but rather to inculcate in students the necessary analytical skills to apply the law to new factual situations. Thus, one of the most important, and challenging, tasks for the intellectual property law teacher is helping law students develop the ability to identify emerging legal issues and predict future legal developments in intellectual property law and policy.","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"52 1","pages":"12"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cbo9781139168687.013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57110793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2006-06-01DOI: 10.4324/9781315080499-11
D. Stone
Faced with mounting costs of health insurance for its employees, the state of Missouri hired a consultant from PriceWaterhouseCoopers to help it figure out what to do. The consultant concluded that there were no answers to be found in other states, nor would it help to shop the state’s business around to different insurance carriers. Instead, the consultant suggested that Missouri offer “two plan choices” to its employees, in order to, as a Wall Street Journal reporter put it, “try to soften the rising cost for employees.” 3 One plan had low monthly premiums but high co-payments. The other had high monthly premiums but lower co-payments. The idea, of course, was that healthier employees would choose the plan with lower monthly premiums, and sicker employees would choose the one with the lower co-pays. Both plans, however, increased employee cost-sharing compared to the previous year’s plan. The Missouri story encapsulates the thrust of American health policy over the last thirty years: substitute free markets, market competition, and consumer sovereignty for the system of professional authority, non-profit and voluntary agencies, and bureaucratic regulation that once governed the medical sector. In these times, the new buzzwords for market reform are “consumer choice,” “consumer direction,” “consumer empowerment,” and “ownership.”
面对员工医疗保险成本的不断攀升，密苏里州聘请了普华永道(PriceWaterhouseCoopers)的一名顾问来帮助解决问题。顾问的结论是，在其他州找不到答案，将该州的业务卖给不同的保险公司也无济于事。相反，这位顾问建议密苏里州为员工提供“两种计划选择”，正如《华尔街日报》(Wall Street Journal)的一位记者所说，这样做是为了“试图减轻员工不断上升的成本”。其中一项计划的月保费较低，但自付额较高。另一种每月保费较高，但共同支付额较低。当然，他们的想法是，健康的员工会选择每月保费较低的计划，而病情较重的员工会选择共同支付费用较低的计划。然而，与前一年的计划相比，这两个计划都增加了员工费用分摊。密苏里州的故事概括了过去三十年来美国卫生政策的主旨:用自由市场、市场竞争和消费者主权取代曾经统治医疗部门的专业权威、非营利和自愿机构以及官僚监管体系。在这个时代，市场改革的新流行语是“消费者选择”、“消费者方向”、“消费者授权”和“所有权”。
{"title":"The False Promise of Consumer Choice","authors":"D. Stone","doi":"10.4324/9781315080499-11","DOIUrl":"https://doi.org/10.4324/9781315080499-11","url":null,"abstract":"Faced with mounting costs of health insurance for its employees, the state of Missouri hired a consultant from PriceWaterhouseCoopers to help it figure out what to do. The consultant concluded that there were no answers to be found in other states, nor would it help to shop the state’s business around to different insurance carriers. Instead, the consultant suggested that Missouri offer “two plan choices” to its employees, in order to, as a Wall Street Journal reporter put it, “try to soften the rising cost for employees.” 3 One plan had low monthly premiums but high co-payments. The other had high monthly premiums but lower co-payments. The idea, of course, was that healthier employees would choose the plan with lower monthly premiums, and sicker employees would choose the one with the lower co-pays. Both plans, however, increased employee cost-sharing compared to the previous year’s plan. The Missouri story encapsulates the thrust of American health policy over the last thirty years: substitute free markets, market competition, and consumer sovereignty for the system of professional authority, non-profit and voluntary agencies, and bureaucratic regulation that once governed the medical sector. In these times, the new buzzwords for market reform are “consumer choice,” “consumer direction,” “consumer empowerment,” and “ownership.”","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"51 1","pages":"127-147"},"PeriodicalIF":0.0,"publicationDate":"2006-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70626094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical race activists, sexuality advocates and others working for radical change is not only the politicization of knowledge in what is after all a realm of politics we call law, but the incoherence of knowledge and the loss of the quality and integrity of our pursuit of knowledge through scholarship. One result is that much of the scholarship and teaching found in the humane and political or noncumulative disciplines such as law are forms of self-interested propaganda in which honesty is muted or excluded and truth-seeking and balance are subordinated to predetermined political agendas. The dominant premise of this essay is that we have established a culture of argument, condemnation and subtle pressure within our academic institutions that is chilling honest discourse about fundamental social concerns in ways that destroy the ideal of the university as a center of open communication in which freedom of discourse in teaching and scholarship are paramount. Academia - which ought to provide solutions and linkages - has itself become a vehicle of intolerance. I challenged such behavior when it was being done by an orthodoxy that used its power to inhibit free thought when I first came into the law school world, and I challenge it here when the identity and ideology of the actors have been reversed and a newly dominant orthodoxy is imposing its will on others.
{"title":"A Chilling of Discourse","authors":"David R. Barnhizer","doi":"10.2139/SSRN.684255","DOIUrl":"https://doi.org/10.2139/SSRN.684255","url":null,"abstract":"I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical race activists, sexuality advocates and others working for radical change is not only the politicization of knowledge in what is after all a realm of politics we call law, but the incoherence of knowledge and the loss of the quality and integrity of our pursuit of knowledge through scholarship. One result is that much of the scholarship and teaching found in the humane and political or noncumulative disciplines such as law are forms of self-interested propaganda in which honesty is muted or excluded and truth-seeking and balance are subordinated to predetermined political agendas. The dominant premise of this essay is that we have established a culture of argument, condemnation and subtle pressure within our academic institutions that is chilling honest discourse about fundamental social concerns in ways that destroy the ideal of the university as a center of open communication in which freedom of discourse in teaching and scholarship are paramount. Academia - which ought to provide solutions and linkages - has itself become a vehicle of intolerance. I challenged such behavior when it was being done by an orthodoxy that used its power to inhibit free thought when I first came into the law school world, and I challenge it here when the identity and ideology of the actors have been reversed and a newly dominant orthodoxy is imposing its will on others.","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"50 1","pages":"361"},"PeriodicalIF":0.0,"publicationDate":"2005-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67799587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Respecting human life in 21st century America: a moral perspective to extend civil rights to the unborn from creation to natural death.","authors":"Charles I Lugosi","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"48 2","pages":"425-74"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25606194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ending parents' unlimited power to choose: legislation is necessary to prohibit parents' selection of their children's sex and characteristics.","authors":"Kelly M Plummer","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"47 2","pages":"517-60"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40914692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Genetic information and the importance of context: implications for the social meaning of genetic information and individual identity.","authors":"Ken M Gatter","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82632,"journal":{"name":"Saint Louis University law journal","volume":"47 2","pages":"423-62"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40914691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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