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.
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.