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. 12, 2024

A Tale of Two Statues: Constitutional Issues in Closing a Limited Public Forum

A city in Minnesota decided to create a limited public forum in a park.  Applicants could obtain a permit from the city in order to place a monument in the park.  Two of these permits were issued, but the city voted to close the limited public forum just a few months later.  This raised questions as to the purpose behind closing the limited public forum and whether the city violated the First Amendment.

Jan. 12, 2024

The Courts’ Rulings Are Final! Or Are They?

In cases of Juvenile misconduct, juvenile courts are charged with administering care, guidance and control that is conducive to a child's welfare and the best interests of the state. If a minor is dissatisfied with the legal outcome of a juvenile proceeding, they may choose to appeal the ruling. However, an appeal must follow a final judgment, decree, or order from the juvenile court.

Jan. 12, 2024

Eighth Circuit Narrows the Nieves Exception for First Amendment Retaliation Claims

In Murphy v. Schmitt, Officer Michael Schmitt stopped Mason Murphy for walking on the wrong side of the highway.  Murphy refused to identify himself, and the two men argued for several minutes before Schmitt arrested Murphy for failing to identify himself.  Murphy argued that he was arrested in retaliation for exercising his First Amendment right to freedom of speech in a suit for First Amendment retaliation and unlawful detention.  The district court granted Schmitt’s motion to dismiss based on qualified immunity, and Murphy appealed to the Eighth Circuit. In a majority decision, the Eighth Circuit affirmed the district court’s decision.

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.