Blog

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?

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.

Aug. 23, 2024

Clearing the Hurdle of Proving a “Clearly Established” Right to Overcome Qualified Immunity

In Molina v. City of St. Louis, two lawyers distantly and passively observed the police response to a protest that erupted in response to a white St. Louis police officer’s shooting and killing of a Black teenager. After police officers launched a tear gas cannister near them, the lawyers filed suit against the officers, alleging that the officers retaliated against them for exercising their First Amendment rights.

Aug. 23, 2024

Teaching Values: Court Backs School in Same-Sex Marriage Dispute

In Billard v. Charlotte Catholic High School, teacher Lonnie Billard filed a lawsuit against his former employer for sex discrimination under Title VII after being fired for intending to marry his same-sex partner. The district court initially ruled in favor of Lonnie Billard, but the United States Court of Appeals for the Fourth Circuit later reversed this decision after considering the ministerial exception to employment discrimination laws.

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.