March 23, 2026
Finding the Lightning: Medina v. Planned Parenthood South Atlantic and the Search for Rights-Creating Language in Spending Power Legislation
Mark Twain once observed that “the difference between the almost right word and the right word is really a large matter—’tis the difference between the lightning-bug and the lightning.” Medina v. Planned Parenthood South Atlantic is a case about exactly that difference, finding that Congress must use explicit rights-creating language to confer enforceable rights. In a 6-3 ruling, the Supreme Court held that Medicaid beneficiaries cannot sue state officials under 42 U.S.C. § 1983 to enforce the statute’s “any-qualified-provider” provision. The decision was immediately controversial: critics warned that the ruling left vulnerable beneficiaries without any meaningful enforcement mechanism. This Note argues that Medina provided necessary clarification of the standards governing § 1983 enforcement of spending-power statutes.
March 23, 2026
State Power, Private Rules: The NCAA’s Unaccountable Judiciary
The National Collegiate Athletic Association infractions process has long been criticized as a kangaroo court. A recent and quiet revolution in the NCAA’s internal operating procedures seems to have moved the goalposts from difficult to challenge to nearly impossible to overturn. Effective January 1, 2023, the NCAA Division I membership codified a “no reasonable person” standard of review for all infractions appeals. This article argues that by adopting an ultra-deferential standard of review while simultaneously hiding behind the “state action” shield of NCAA v. Tarkanian, the NCAA has created a vacuum of accountability that leaves institutions and their athletes without meaningful recourse.
March 23, 2026
Barking Up the Wrong Tree: The Case Against Breed-Specific Legislation in Missouri
Sergeant Stubby, once the “most famous animal in the United States,” was the first dog to receive an army rank and is the most decorated dog in U.S. military history. When thinking of this all-American, beloved dog, what breed comes to mind? Consistent American favorites like the Labrador or golden retriever? Or the German shepherd, popularized as police dogs in the 1950s? No, Sgt. Stubby was a pit bull mix, a breed now banned from private housing on “all major military bases” and in many U.S. communities. If Sgt. Stubby were to have come home to the U.S. in 2026, there would be several areas in Missouri where he could not reside or where he would be subject to restrictions. Missouri should join the growing number of jurisdictions that have recognized the failures of BSL and move toward an evidence‑based, breed‑neutral framework.
Aug. 23, 2025
Trump v. Wilcox and the Supreme Court’s Retreat from Administrative Independence
On May 22, 2025, the 6-3 supermajority of the Supreme Court granted an emergency application for a stay, a procedural maneuver that effectively enabled President Donald Trump to dismiss National Labor Relations Board (“NLRB”) Member Gwynne Wilcox despite statutory protections against removal without cause. This immediate action left the NLRB without a quorum, thereby halting crucial federal labor law proceedings. The Court’s utilization of its emergency docket suggests that it views the unitary executive theory not merely as a preferred interpretation, but as an urgent constitutional imperative, justifying the circumvention of traditional deliberative processes and established norms of judicial review.
Aug. 20, 2025
Minor Marriage: A Major Problem for States
This year, Missouri joined the (surprisingly short) list of fifteen states to completely ban child marriage. This legislation marks an update from the 2018 amendments to Missouri law, which allowed children between sixteen and eighteen years old to marry with parental consent. Prior to 2018, many considered Missouri a “destination” state for child marriage, with individuals coming from both coasts to marry fifteen-year-old girls. This Note explores the history and attitudes behind child marriage and the fairly recent wave of states to adopt full child marriage bans while also considering the implications of child marriage on parental rights, especially for divorced parents.
Aug. 19, 2025
Paved with Good Intentions: Missouri’s Prosecutor-Initiated Relief Statute and the Perils of Criminal Justice Innovation
The road to hell is paved with good intentions, especially when it comes to criminal justice reform. Section 547.031 of the Revised Statutes of Missouri allows circuit attorneys to file motions vacating convictions based on innocence evidence—an ambitious reform that In re Circuit Attorney, 22nd Judicial Circuit ex rel. Christopher Dunn reveals as fundamentally flawed. This Note argues that Missouri’s prosecutor-initiated relief statute creates more problems than it solves, resulting in a framework that is more complex, less efficient, and potentially less effective than the traditional post-conviction mechanisms it was meant to supplement.
April 29, 2025
Banning Harm Without Harming Speech: Alternatives to Broad Professional Speech Regulation
In a significant case testing the boundaries of free speech and professional regulation, licensed counselor Kaley Chiles challenged Colorado's ban on conversion therapy for minors, arguing it violated her First Amendment rights.
April 29, 2025
Pre-Empting the People: Missouri’s Legislative Response to the Voter-Approved Paid Sick Leave Mandate
In November 2024, with nearly 1.7 million “Yes” votes, Missouri voters decisively approved Proposition A, which established paid sick leave requirements for employers across the state. But, after this clear expression of voter will, the Missouri legislature has moved to dismantle these protections through House Bill No. 567 (HB 567), which sought to repeal the law before it could take effect.
April 29, 2025
Infinite Arbitration: How One Click Can Take You Out of Court Forever
Recently, infinite arbitration clauses have been the center of public outrage, resulting from a dispute where Disney argued that a Disney+ subscriber was required to arbitrate his wife’s wrongful death claim. Although Disney backed down on its stance, the argument left open an important question: would Disney have succeeded in compelling arbitration?
Aug. 23, 2024
Ignore, Not Block: A City Official’s Social Media Duty to the First Amendment
In Felts v. Green, the United States District Court for the Eastern District of Missouri considered if a public official blocking a Twitter user constituted a violation of the Twitter user’s First Amendment rights.