Current Issue


An Uncertain Future for Section 5 of the Voting Rights Act: The Need for a Revised Bailout System
By Christopher B. Seaman 30 St. Louis U. Pub. L. Rev. 9

In Northwest Austin Municipal Utility District Number One v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of the 2008 Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. Even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on uncertain constitutional ground. [keep reading]

The Continued Need for the Voting Rights Act: Examining Second-Generation Discrimination
By Jenigh J. Garrett 30 St. Louis U. Pub. L. Rev. 77

The Voting Rights Act of 1965 dramatically changed America's political process. Racial diversity in Congress has substantially increased and the country elected the first Black President of the United States in 2008. According to some, President Obama's election provides convincing evidence that America is now in a post-racial political era. With discrimination in the area of voting a thing of the past, the argument goes, Section 5 of the Voting Rights Act-which requires federal review of voting changes in certain jurisdictions before they an become law-is an antiquated remedy to a nonexistent problem. [keep reading]

Cumulative and Limited Voting: Minority Electoral Opportunities and More
By Richard L. Engstrom 30 St. Louis U. Pub. L. Rev. 97

Geographically based majority-minority single member districts (SMDs) have been the medium generally, but not exclusively, for providing minority groups protected by the Voting Rights Act (VRA) with new opportunities to elect representatives of their choice to legislative bodies. Two other election systems have been used for this purpose as well: cumulative (CV) and limited voting (LV). Depending on the situation, these alternative systems can provide electoral opportunities for minorities when majority-minority SMDs cannot be created and sometimes provide more and/or better opportunities even when such districts can be created. While proposed at times for the election of members of the United States House of Representatives and state legislatures, their adoption so far has been limited to elections for local legislative bodies. [keep reading]

English Monolingual Speakers in Puerto Rico: A New Language Minority Group Under the Voting Rights Act
By Angel L. Olivera-Soto 30 St. Louis U. Pub. L. Rev. 139

It is widely accepted that the right to vote is "at the very foundation" of our democratic system. It rests on the republican principle that the actions of the government must be based upon the consent of those governed. This precious right should evolve to increase voters' participation and include those who traditionally feel excluded from the process. Precisely, that has been the direction voting rights in America have taken during the past several decades. Racial, sexual, ethnic, and language barriers have been demolished over time. This has been done through constitutional amendments and through monumental legislation such as the Voting Rights Act of 1965. [keep reading]


Where Forum Non Conveniens and Preemptive Jurisdiction Collide: An Analytical Look at Latin American Preemptive Jurisdiction Laws in the United States
By Jennifer L. Woulfe 30 St. Louis U. Pub. L. Rev. 171

The familiar doctrine of forum non conveniens in jurisprudence allows a court to dismiss a case when factors of convenience weigh against the case being brought in that court. The doctrine has developed in the United States in two threads. The first is the common law definition laid down in Gulf Oil Corp. v. Gilbert, which will be the focus of this Comment. The second is 28 U.S.C. § 1404(a), which applies only in federal court cases where the more appropriate forum would be another U.S. district court. The basic situation encountered in this comment is one in which a foreign plaintiff brings a suit against a U.S. defendant for injuries arising in the plaintiff's home country. Oftentimes, cases such as these are product liability cases. [keep reading]


Arista Records v. Launch Media: An Analysis of the Second Circuit's Ruling on Webcast Interactivity and a Look at the Current and Future State of Interactive Webcasting Technology
By Michael P. Kella 30 St. Louis U. Pub. L. Rev. 199

Over the years, significant advancements have been made in digital distribution technology. Increases in high speed Internet access and the presence of online digital distribution stores have given Internet users the ability to access digital content at the click of a button, often wherever and whenever they choose. Music is one category of content to which users have this type of instantaneous access. In 1995, Professor Paul Goldstein of Stanford Law School referred to the ability to instantly access music from distant locations at the click of a button as the "celestial jukebox." Indeed, this has become a reality today as online distribution stores offer endless selections of music. Equally important is the fact these offerings are paired with the availability of high-speed Internet connections which allow the offered content to be rapidly, if not instantly, accessed. [keep reading]

Tipping the Balance Back: An Argument for the Mixed Motive Theory Under The ADEA
By Jessica M. Scales 30 St. Louis U. Pub. L. Rev. 229

One day in May 2010, Gregory Wehking, a clerical clerk, sat nervously in his boss Rachel Moro's office. His employer, the Bown Company, was undergoing restructuring, and his job could be in jeopardy. Gregory didn't want to lose his job because he enjoyed working; he thought at the age of 66 it would be difficult to find a new job; and he needed the income to pay the family's bills. Ms. Moro started the meeting by putting Gregory at ease when she spoke highly of his performance record. However, the meeting's tone changed quickly. Gregory's boss next noted Gregory had been with the Bown Company for quite a long time, over 35 years. Then, Ms. Moro asked Gregory how old he was. Upon learning Gregory was 66 years old, she suggested he retire. Gregory protested, and he told her he did not want to retire; he felt good, and he liked to work. Despite his protest, Ms. Moro fired Gregory. [keep reading]

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