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.
June 4, 2025
Gaming in Legal Limbo: Missouri’s Civil Remedy Shortfall for “Gray Market” Gaming Devices
In 2021, Missouri stood at a crossroads between two billion-dollar industries: state-licensed casino gaming and a rapidly expanding “gray market” of unregulated video lottery terminals. At stake was not just tax revenue or market share, but the very framework of how Missouri regulates one of America's oldest vices. When the Missouri State Highway Patrol (“Highway Patrol”) began seizing Torch Electronics devices from multiple locations as illegal “gambling devices,” the resulting legal challenge forced courts to confront a fundamental question: who has the power to determine the legality of these devices?
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?
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 arbitaration 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?
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.
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.