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Washington University in St. Louis

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Articles 1 - 29 of 29

Full-Text Articles in Public Law and Legal Theory

How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi Jan 2018

How The War On Terror Is Transforming Private U.S. Law, Maryam Jamshidi

Washington University Law Review

In thinking about the War on Terror’s impact on U.S. law, what most likely comes to mind are its corrosive effects on public law, including criminal law, immigration, and constitutional law. What is less appreciated is whether and how the fight against terrorism has also impacted private law. As this Article demonstrates, the War on Terror has had a negative influence on private law, specifically on torts, where it has upended long-standing norms, much as it has done in the public law context.

Case law construing the private right of action under the Antiterrorism Act of 1992, 18 ...


Early Life Impacts On Later Life Health And Economic Outcomes, Diane Whitmore Schanzenbach Jan 2018

Early Life Impacts On Later Life Health And Economic Outcomes, Diane Whitmore Schanzenbach

Washington University Journal of Law & Policy

In this article, Diane Whitmore Schanzenbach explores how access to the Supplemental Nutrition Assistance Program (SNAP) not only contributes to better health outcomes for children, but also better health and economic outcomes later in life. Notably, Schanzenbach finds that these impacts are greater when SNAP is available during the in-utero period of childhood development and taper off when introduced at later stages – indicating that SNAP may be having an impact on childhood brain development. Schanzenbach points to the broader implications of these findings by asserting that early childhood investment has a more significant long-term economic impact than is currently understood ...


Bringing Science To Law And Policy: Panel Discussion, Bradley Schlaggar, Katie Plax, Susan Block, Timothy Mcbride, Jill Schupp, Deanna Barch Jan 2018

Bringing Science To Law And Policy: Panel Discussion, Bradley Schlaggar, Katie Plax, Susan Block, Timothy Mcbride, Jill Schupp, Deanna Barch

Washington University Journal of Law & Policy

How should law and policy chance, based on our current understanding of brain development? In turn, how can neuroscientists undertake research that would prove most useful in influencing law and policy? Such questions about the intersection of science, law, and policy provided the focus of a transdisciplinary conversations, led by Dr. Deanna Barch. Participants – physicians, an attorney and former Family Court judge, a state legislator, and a health economist – recounted their own experiences and recommendations with a view to bringing traditional divides and actualizing ideas from this conference and symposium, “The Developing Brain.”


Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw Jan 2017

Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw

Washington University Jurisprudence Review

This Note traces the subtle changes in the underlying purposes of the Orphan Drug Act, and evaluates those purposes from the perspectives of medical ethics and legal jurisprudence. Part I begins with the history of the Orphan Drug Act discussed issue by issue, to elucidate the subtle changes in the purpose of the Orphan Drug Act through its history. Part II explores the moral and ethical issues presented by the Orphan Drug Act to identify eleven guiding principles from medical ethics and legal jurisprudence. Lastly, Part III applies these guiding principles to the most common proposed amendments to the Orphan ...


Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan Jan 2017

Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan

Washington University Jurisprudence Review

No abstract provided.


Introduction, Karen Tokarz Jan 2016

Introduction, Karen Tokarz

Washington University Journal of Law & Policy

No abstract provided.


A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch Jan 2016

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Washington University Journal of Law & Policy

This Article scrutinizes the transformation of the legal profession from lawyers as public citizens to lawyers who serve mostly private interests. Juergens and Galatowitsch trace the development of current pro bono practices and how these practices have become equated with public service. Juergens and Galatowitsch argue that current pro bono practices have narrowed the definition of “public interest law work” and conclude that an expansion of the term’s definition is necessary to promote its practice in the current legal environment.


Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson Jan 2016

Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson

Washington University Journal of Law & Policy

This Article discusses the shift in education reform from judicially-based efforts concerning public school improvement for minority and poor students to market-based reform concerning individual access to improvement opportunities. Wilson highlights the significance of this shift by drawing attention to the judiciary’s diminishing role in education regulation and to structural changes in how the role of public education is conceptualized. Wilson argues that market-based school reform diminishes public education’s ability to bring positive externalities by focusing on individual improvement and failing to address systemic issues in our public education system.


The “Fight For 15”: Can The Organizing Model That Helped Pass Seattle’S $15 Minimum Wage Legislation Fill The Gap Left By The Decline In Unions?, Mary Hannah Jan 2016

The “Fight For 15”: Can The Organizing Model That Helped Pass Seattle’S $15 Minimum Wage Legislation Fill The Gap Left By The Decline In Unions?, Mary Hannah

Washington University Journal of Law & Policy

This Note examines whether the organizational methods successfully employed by the “Fight for 15” fast-food worker movement in Seattle is the answer to protecting these workers generally. Hannah addresses the historic inability for fast-food franchisees to unionize under the NLRA and advocates for new organizational methods and advocacy. Hannah argues that low-income workers need to expand the use of worker centers and workers’ councils in order to effectively protect the rights of fast-food workers.


Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess Jan 2015

Punishment In The State Of Nature: John Locke And Criminal Punishment In The United States Of America, Matthew K. Suess

Washington University Jurisprudence Review

No abstract provided.


The Origins Of The Pursuit Of Happiness, Carli N. Conklin Jan 2015

The Origins Of The Pursuit Of Happiness, Carli N. Conklin

Washington University Jurisprudence Review

Scholars have long struggled to define the meaning of the phrase “the pursuit of happiness” in the Declaration of Independence. The most common understandings suggest either that the phrase is a direct substitution for John Locke’s conception of property or that the phrase is a rhetorical flourish that conveys no substantive meaning. Yet, property and the pursuit of happiness were listed as distinct—not synonymous—rights in eighteenth-century writings. Furthermore, the very inclusion of “the pursuit of happiness” as one of only three unalienable rights enumerated in the Declaration suggests that the drafters must have meant something substantive when ...


Transactional Legal Services, Triage, And Access To Justice, Paul R. Tremblay Jan 2015

Transactional Legal Services, Triage, And Access To Justice, Paul R. Tremblay

Washington University Journal of Law & Policy

Public interest law is traditionally thought of in the context of litigation services for underserved communities. This Article focuses on the expansion of free transactional legal services (TLS) to serve yet another under-attended subset of the population: entrepreneurs and small businesses. Tremblay analyzes arguments both for and against devoting limited and valuable legal services to entrepreneurs and small businesses. This Article explores the three likely sources of TLS—law firm pro bono work, law school clinics, and public interest firms—and starts the discussion about whether such allocation of valuable legal aid is the best use of transactional legal services.


Designing A Clinic Model For A Restorative Community Justice Partnership, Susan L. Brooks, Rachel E. Lopez Jan 2015

Designing A Clinic Model For A Restorative Community Justice Partnership, Susan L. Brooks, Rachel E. Lopez

Washington University Journal of Law & Policy

In a previous Article, co-author Susan Brooks and her colleagues challenged the traditional understanding of what it meant to be a community lawyer and instead defined the engagement as “an approach to the practice of law and to clinical legal education that centers on building and sustaining relationships with clients, over time, in context, as a part of and in conjunction with communities.” This Article highlights the efforts of Brooks and Lopez to create a Community Lawyering Clinic (CLC) at Drexel University’s Thomas R. Kline School of Law. In particular, the duo reflect on two questions kept in mind ...


Law Student Debt + Public Interest Career = Character And Fitness Fail, Annie Legomsky Jan 2015

Law Student Debt + Public Interest Career = Character And Fitness Fail, Annie Legomsky

Washington University Journal of Law & Policy

In 2011, the Ohio Supreme Court upheld the state bar’s decision to deny Hassan Jonathan Griffin admission to the bar on character and fitness grounds. Griffin had accrued $170,000 in student loan debt and $16,500 in consumer debt, and he had not made any payments on his loans post-graduation. The Griffin case reveals an increasingly common problem in today’s legal environment: how courts should balance the financial reliability and responsibility of future attorneys against the realities of high tuition levels, rising student debt, fewer legal jobs, and the need for public interest lawyers.

This Note proposes ...


Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock Jan 2014

Reasonable Rage: The Problem With Stereotypes In Provocation Cases, Nicole A.K. Matlock

Washington University Jurisprudence Review

No abstract provided.


Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel Jan 2014

Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil’S Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea K. Schneider, Kathryn Rimpfel

Washington University Journal of Law & Policy

In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state’s nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. There is, however ...


Jurisprudence Between Science And The Humanities, Dan Priel Jan 2012

Jurisprudence Between Science And The Humanities, Dan Priel

Washington University Jurisprudence Review

For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue that, historically, legal positivism has been advanced by theorists who were also positivists in the sense the term is used in the philosophy of social science: they were committed to the idea that the explanation of social phenomena should be conducted using similar methods to those used in the natural sciences. I then argue that since around 1960 jurisprudence, and legal positivism in particular, has undergone ...


Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman Jan 2011

Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman

Washington University Law Review

In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the ...


Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker Jan 2007

Docketology, District Courts, And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey R. Lidicker

Washington University Law Review

Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. To test such views, we collected data from a thousand cases in four different jurisdictions. We recorded information about every judicial action over each case’s life, ranging from the demographic characteristics, workload, and experience of the writing judge; to information about the case, including its jurisdictional basis, complexity, attorney characteristics, and motivating legal theory; to information about the individual orders themselves, including the relevant procedural posture and the winning party ...


Intervention In Public Law Litigation: The Environmental Paradigm, Peter A. Appel Jan 2000

Intervention In Public Law Litigation: The Environmental Paradigm, Peter A. Appel

Washington University Law Review

This Article consists of four parts. Part I explores the theoretical development of public law litigation, with a particular focus on the overlooked role that environmental litigation and its peculiarities should play in this thinking. Part II examines the history and development of intervention as a procedural device, and then outlines how it presently functions in public law cases. Part III then examines the interrelated claims that federal courts generally have been too stingy with potential intervenors and that an increased role for intervenors necessarily benefits public law litigation. The best case that supporters of a broader right of intervention ...


A Reply To Professor Tobias, Peter A. Appel Jan 2000

A Reply To Professor Tobias, Peter A. Appel

Washington University Law Review

Professor Tobias finds four primary faults with my account. First, he believes that I rely too heavily on impressionistic and anecdotal data in formulating my conclusions, although he recognizes that all analyses of intervention— his own included— suffer from the same fault. Second, he argues that my article and other considerations of this area would benefit from “a more refined understanding of modern environmental litigation.” Third, Professor Tobias expresses doubt about the wisdom of my prescriptions for improving intervention, particularly with my argument that courts of appeals should review intervention denials under an abuse of discretion standard rather than de ...


Rethinking Intervention In Environmental Litigation, Carl Tobias Jan 2000

Rethinking Intervention In Environmental Litigation, Carl Tobias

Washington University Law Review

Intervention in Public Law Litigation: The Environmental Paradigm (Environmental Paradigm) substantially enhances understanding of intervention in federal environmental disputes. These controversies are a critical type of modern civil lawsuit and perhaps constitute the quintessential form of public law litigation. Professor Peter Appel comprehensively reviews the lengthy history of the intervention mechanism, scrutinizes the substantial 1966 revision of Federal Rule of Civil Procedure 24, and closely examines the phenomenon of public law litigation and intervention in it. Professor Appel, thus, significantly advances the dialogue about public law cases and intervention in them and much that he states is undisputed. Nevertheless, certain ...


The Positive Political Dimensions Of Regulatory Reform, Daniel B. Rodriguez Jan 1994

The Positive Political Dimensions Of Regulatory Reform, Daniel B. Rodriguez

Washington University Law Review

This Article is concerned with two critical and interrelated questions in American public law. The first question is how the law should regulate politics. Specifically, how can legal doctrine be brought to bear on processes of politics and political decisionmaking in order to produce superior outcomes and to improve the operations of political process? The second question is how the law should deal with the modem regulatory process.


A Critical Analysis Of Holmes's Theory Of Torts, Patrick J. Kelley Jan 1983

A Critical Analysis Of Holmes's Theory Of Torts, Patrick J. Kelley

Washington University Law Review

In this Article I will first attempt to describe Holmes's theory of torts in a sufficiently broad context to reveal his methodology, the assumptions underlying his methodology, and the relation between Holmes's methodology and his substantive theory. After placing Holmes's theory within the philosophical tradition of nineteenth-century positivism, I shall attempt a practical critique of Holmes's methodology by analyzing its assumptions, the reasonableness of these assumptions, and the matters the methodology is forced to conclude are irrelevant. I then focus on Holmes's substantive theory to see whether it is internally coherent in light of these ...


The Development Of The Theory Of The Right To Privacy In France, Wenceslas J. Wagner Jan 1971

The Development Of The Theory Of The Right To Privacy In France, Wenceslas J. Wagner

Washington University Law Review

Lacking legislative enactments on the right to privacy, French courts had to tackle the problems of privacy from case to case, in the common law way; but judicial decisions did not establish any general principles. While American and English judgments are elaborate and lay down legal theories, French decisions are extremely short, failing in some instances to give a clear picture of the facts, omitting the discussion of various aspects of the problem and abstaining from developing solid theoretical bases for their holdings. It is well known that French judgments are written in the form of a recitation which has ...


Influence Of Philosophy On Law And Politics In Western Civilization, Gray L. Dorsey Jan 1960

Influence Of Philosophy On Law And Politics In Western Civilization, Gray L. Dorsey

Washington University Law Review

In Western civilization, philosophy has had an influence upon the norms of law and politics and upon attitudes toward legal and political questions and problems. The basic influence, as might be expected, occurred early in the course of Western civilization. It produced a central tradition of natural law and humanism that has had setbacks and various interpretations, but has continued to serve as the guide for law and politics in the Western countries except for the Communists, and for a time, the Germans. However, one of the characteristic attitudes has no present justification, is dangerous, and needs to be changed.


Living Constitutions, Gray L. Dorsey Jan 1955

Living Constitutions, Gray L. Dorsey

Washington University Law Review

A French poet once ranked the arts according to the intractability of the media, rating sculpture highest. By this standard, constitution-making is the highest of all arts because its medium, more stubborn than marble, is what William Faulkner has called the “simple, incorrigible, intractable, invincible human heart.” Simple enough to write a constitution. But what makes it live? This problem, of what it is that quickens a social blueprint into a society, is an intellectual puzzle I have worked at for nine years. I believe the last piece has fallen into place. The present article consists of the first once-over ...


Review Of “An Introduction To Legal Reasoning,” By Edward Levi, Arno C. Becht Jan 1950

Review Of “An Introduction To Legal Reasoning,” By Edward Levi, Arno C. Becht

Washington University Law Review

No abstract provided.