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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.