University of St. Thomas Law Journal

University of St. Thomas Law Journal The University of St. Thomas Law Journal is the School of Law’s flagship law review.

A Dangerous Turn: SCOTUS Reopens the Door to Conversion Therapy for MinorsBy Kimberly Lugo* In March 2026, the Supreme C...
05/04/2026

A Dangerous Turn: SCOTUS Reopens the Door to Conversion Therapy for Minors

By Kimberly Lugo* In March 2026, the Supreme Court of the United States issued an 8–1 decision striking down Colorado’s law banning conversion therapy for minors, holding the law violated the First Amendment rights of licensed counselors.1 The Court reasoned the statute impermissibly regulated speech based on viewpoint, emphasizing that the First Amendment protects even controversial or unpopular ideas....

By Kimberly Lugo* In March 2026, the Supreme Court of the United States issued an 8–1 decision striking down Colorado’s law banning conversion therapy for minors, holding the law violated the First…

“Just Kidding”: Why April Fools’ is Not a Legal DefenseLily Fredericks* Introduction: Cultural Origins of April Fools’ D...
05/04/2026

“Just Kidding”: Why April Fools’ is Not a Legal Defense

Lily Fredericks* Introduction: Cultural Origins of April Fools’ Day Peruse your favorite newspapers on April 1, and you’ll likely read some stories that are complete hoaxes. After all, it’s April Fools’ Day. But where do we get the weird tradition of playing pranks on April 1? Nobody knows for sure. All we know is that the custom was known in Renaissance Europe and likely has roots even older than that....

Lily Fredericks* Introduction: Cultural Origins of April Fools’ Day Peruse your favorite newspapers on April 1, and you’ll likely read some stories that are complete hoaxes. After all, it’s April F…

Article 62 InterventionBy Quinn McKush* The International Court of Justice is the judicial organ of the United Nations.1...
05/04/2026

Article 62 Intervention

By Quinn McKush* The International Court of Justice is the judicial organ of the United Nations.1 This judicial organ decides contentious proceedings between states and issues advisory opinions for authorized United Nations organs and agencies.2 In contentious proceedings, only states that consent through special agreement, a treaty clause, or a declaration accepting the Court's jurisdiction, may be parties before the Court....

By Quinn McKush* The International Court of Justice is the judicial organ of the United Nations.1 This judicial organ decides contentious proceedings between states and issues advisory opinions for…

Big Brother Wants to Charge You More for Eggs at the Grocery Store: Why We Need to Regulate Surveillance Pricing Michael...
05/04/2026

Big Brother Wants to Charge You More for Eggs at the Grocery Store: Why We Need to Regulate Surveillance Pricing

Michael Hurd* Consider two people who are in the market to buy a new car, Customer A and Customer B.1 Customer A makes $100,000 per year, is frugal with her money, and has no particular interest in cars other than as a means of transportation. Customer B, on the other hand, makes $150,000 per year and is interested in cars....

Michael Hurd* Consider two people who are in the market to buy a new car, Customer A and Customer B.1 Customer A makes $100,000 per year, is frugal with her money, and has no particular interest in…

Subrogation Overview: Learning the Ins and Outs of Subrogation Law Marcus Hornacek* Subrogation: Definition and History ...
05/04/2026

Subrogation Overview: Learning the Ins and Outs of Subrogation Law

Marcus Hornacek* Subrogation: Definition and History Subrogation is a term and “legal process”1 that may not be entirely familiar to everyone. “Subrogation is the process where one party assumes the legal rights of another.”2 It “is the process that allows your insurance company to recover money from the party responsible for a loss.”3 “Put simply, when your insurer pays for your claim, they may then pursue reimbursement from the person—or their insurer—who was actually at fault.”...

Marcus Hornacek* Subrogation: Definition and History Subrogation is a term and “legal process”1 that may not be entirely familiar to everyone. “Subrogation is the process where one party assumes th…

Are Humans Required for Copyright Authorship? Mitchell Niles* As the use of Artificial Intelligence (AI) has taken off i...
04/27/2026

Are Humans Required for Copyright Authorship?

Mitchell Niles* As the use of Artificial Intelligence (AI) has taken off in the past few years, people have voiced concerns regarding its encroachment on human creative agency.1 Combined with the problems presented to our legal system,2 this can create many issues for our creatives. Multiple lawsuits have been filed in recent years claiming copyright infringement against AI companies for training their Large Language Models (LLMs) on copyrighted materials....

Mitchell Niles* As the use of Artificial Intelligence (AI) has taken off in the past few years, people have voiced concerns regarding its encroachment on human creative agency.1 Combined with the p…

A Closer Look at the Law School Application SpikeKate Sargent* Even in the midst of a sluggish economy, slow job growth,...
04/22/2026

A Closer Look at the Law School Application Spike

Kate Sargent* Even in the midst of a sluggish economy, slow job growth, and rising concerns about artificial intelligence (AI) altering the practice of law, the number of law school applications has surged over the past two years. As of October 2025, the total number of applicants was up 33 percent from the previous year.1 Although early applicant data is volatile, experts predict the applicant pool will taper to an increase of approximately 20 percent....

Kate Sargent* Even in the midst of a sluggish economy, slow job growth, and rising concerns about artificial intelligence (AI) altering the practice of law, the number of law school applications ha…

An Overview of Birthright Citizenship as a Structural Foundation of Family Law Madeline Ferraro* The Fourteenth Amendmen...
04/21/2026

An Overview of Birthright Citizenship as a Structural Foundation of Family Law

Madeline Ferraro* The Fourteenth Amendment’s Citizenship Clause states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”1 On January 20th, 2025, President Donald Trump issued Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.”2 Through the order, President Trump made the claim that the Fourteenth Amendment has ...

Madeline Ferraro* The Fourteenth Amendment’s Citizenship Clause states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the Uni…

Small Modular Reactors: The Future of Nuclear Power?Dylan Saue* In 1951, the Experimental Breeder Reactor became the fir...
04/21/2026

Small Modular Reactors: The Future of Nuclear Power?

Dylan Saue* In 1951, the Experimental Breeder Reactor became the first nuclear reactor to produce electricity in Idaho.1 Then, in the 1960s, interest in nuclear power grew nationwide, with orders placed for large reactors with capacities exceeding 1,000 Megawatt electrical (MWe).2 However, fast-forward to today, of the hundreds of reactors the United States has commissioned, only about fifty-seven plants remain operational, with plans to continue decommissioning more nuclear power plants in the coming years....

Dylan Saue* In 1951, the Experimental Breeder Reactor became the first nuclear reactor to produce electricity in Idaho.1 Then, in the 1960s, interest in nuclear power grew nationwide, with orders p…

Couriers of Their Own Oppression: Kansas Law SB 244 Unconstitutionally Compels the Speech of Transgender PeopleBy Bec St...
04/20/2026

Couriers of Their Own Oppression: Kansas Law SB 244 Unconstitutionally Compels the Speech of Transgender People

By Bec Stokes* Expressing oneself through outward appearance, and the ability to do so legally and socially, is something many of us take for granted. However, this expression is currently stripped from transgender people across the country.1 For example, in February 2026, Kansas passed SB 244 over the Governor’s veto.2 The law targets trans people by: 1) restricting their access to restrooms and other sex-separated areas in government facilities; 2) creating civil and criminal penalties for violating these restrictions; 3) prohibiting trans people from updating their gender on their driver’s licenses; and 4) retroactively invalidating driver’s licenses with gender markers contradicting that which is on their birth certificate....

By Bec Stokes* Expressing oneself through outward appearance, and the ability to do so legally and socially, is something many of us take for granted. However, this expression is currently stripped…

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