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.
Dec. 6, 2025
Let the Credit Report Speak For Itself: Res Ipsa Loquitur within the FCRA Context
Access to our nation’s economic opportunities largely depends on a consumer’s credit. As a result, credit report accuracy is essential to a consumer’s ability to access those opportunities. The Fair Credit Reporting Act (“FCRA” or “Act”) provides an avenue for individuals to recover damages caused by inaccurate credit reporting. However, the difficulty plaintiffs face in successfully litigating claims under the statute render this recourse insufficient. To address this shortfall, courts should allow plaintiffs to invoke the doctrine of res ipsa loquitur when asserting negligence under the FCRA.
Dec. 5, 2025
Refocusing on Rehabilitation: Why the Missouri Legislature Should Amend the SVP Act to Commit Offenders Earlier
In the United States, the Federal Government, District of Columbia, and twenty states have enacted Sexually Violent Predator (“SVP”) laws. These laws allow for the indefinite civil commitment of thousands of individuals to mental health facilities after they have served their criminal sentences. The majority of scholarship in this area has focused on whether Sexually Violent Predator laws should exist. This paper instead addresses how states that have enacted these laws, particularly Missouri, can make these laws more effective in achieving their intended goals.
Dec. 5, 2025
Addressing the Elephant in the Room: Granting Rights and Protections to Highly Cognitive Nonhuman Animals
There is not much that can beat a day spent at the zoo. Imagine this: You are seven years old. The sun is shining on a beautiful summer day in late morning, before the day has gotten too hot to be comfortable. You have cotton candy in hand, and your parent even bought some for your siblings, so you do not have to share. You are strolling up to the elephant enclosure, thinking it is the best day ever. What could possibly ruin this perfect summer day? The elephants are not in their enclosure, but instead, they are in court contesting their confinement in the zoo. Day ruined.
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.
June 4, 2025
Navigating Constitutional Waters: The Legality of School Choice Programs in Missouri and Beyond
School choice voucher programs, which enable public education funds to be used for private school tuition, have evolved from controversial educational experiments of the 1990s into a central battleground for religious liberty. These controversial programs, once challenged primarily on Establishment Clause grounds, now face a transformed legal landscape where religious exclusion, rather than inclusion, raises constitutional concerns. In Missouri, Senate Bill 727, enacted during the 2024 legislative session, illustrates this transformation by creating an innovative tax credit scholarship program that includes religious schools despite the state’s restrictive constitutional provisions.