June 4, 2025
Noho Ki‘eki‘e ke Aloha (Aloha Reigns): An Example of Values-Based Constitutional Jurisprudence
While Hawai‘i’s government structure has gone through several major upheavals since the time of King Kamehameha I, the Law of the Splintered Paddle has remained as a guiding principle towards a right to a safe environment in what is now the state of Hawai‘i. This principle came into question recently in the 2024 Hawai‘i Supreme Court case, State v. Wilson. The Supreme Court of Hawai‘i addressed a fundamental question: to what extent can a state with a distinct legal and cultural tradition regulate firearm possession without infringing on federal constitutional rights?
Nov. 29, 2024
The Homeschool Quest for Extracurricular Access: Missouri Senate Bill 819
The most recent venture into homeschool legislation from the Missouri Legislature seeks to expand homeschooling beyond the walls of the home and into the walls of a public school—or, more aptly described, onto their football fields. However, this legislation may lead to confusion and conflict due to its unrealistic expectations.
Nov. 29, 2024
Arkansas State Conf. NAACP v. Arkansas Bd. Of Apportionment: An Interpretive Rorschach Test
The Rorschach inkblot test is a psychiatric diagnostic tool. During the test a psychiatrist shows a patient a series of ink blots and records the patient’s interpretation. There are no right or wrong answers. The theory is that the patient projects their feelings on ambiguous images, exposing how they project meaning onto the world. Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment is a Rorschach test for judicial interpretation.
Nov. 29, 2024
Can’t Fire One? Just Fire Them All: The Eighth Circuit’s Hard Stance Against Circumstantial Evidence for Mass Discharges
The National Labor Relations Act protects employees from adverse employment actions based on union-related activities, such as organizing efforts. Under the Mass Discharge theory, the National Labor Relations Board has historically found violations when employers discharge large groups of employees to discourage union activities. However, the U.S. Court of Appeals for the Eighth Circuit's recent decision in Strategic Technology Institute v. NLRB challenges this approach, potentially leaving employees vulnerable to discriminatory terminations without clear legal recourse.
April 26, 2024
Joy Silk Revisited: Gissel, Cemex, and Remedial Bargaining Orders
The 2023 National Labor Relations Board's decision to apply the Cemex standard has led to a more timely and worker-friendly approach to resolving labor disputes. However, will this new standard lead to potential consequences?
April 26, 2024
Conserving Fish, Forests, and the Separation of Powers: How Missouri Courts Must Protect the Authority of the Missouri Department of Conservation and Other State Agencies
While overlap between the functions of government is often unavoidable, conflicts are likely to arise when state constitutional provisions do not provide clear guidance as to the specific authority reserved for different governmental agencies and departments. In a recent opinion, the Missouri Supreme Court resolved such a dispute.
April 26, 2024
Narrowing Judicial Immunity: Holding Judges Accountable For Exercising Jurisdiction Where They Are Statutorily Barred From Doing So
In a recent decision, the Eighth Circuit made a distinction regarding judicial immunity. This case highlights a significant opportunity to refine the scope of judicial immunity.
Jan. 9, 2024
Burying the Lede: Standard Form Contracts, Non-Compete Bans, and The Federal Trade Commission’s Attempts to Reshape Contract Law
A new FTC proposal could fundamentally alter the contracting landscape by banning non-compete agreements. However, this change could lead to massive unintended consequences.
Jan. 9, 2024
Conversion, Abandonment and Equity, Oh My! The Argument for Post-Petition Equity As Property of the Bankruptcy Estate
Courts have long struggled to determine which party receives post-petition equity increases in bankruptcy proceedings. The solution to the problem is showcased in a recent Missouri court opinion.
Jan. 9, 2024
Room in the Inn: How an FDIC-Styled Safety Net Could Provide Respite from the Crypto Winter
With cryptocurrency exchanges facing a string of bankruptcies, users are learning their funds may not belong to them anymore. To resolve this issue, regulators should not resort to allowing bankruptcy courts to resolve the issue and should instead look to a solution that already exists.