The Prison Litigation Reform Act (“PLRA”) was enacted in 1996 primarily to reduce prisoner litigation. The passage of the PLRA led to a decrease in the number of cases filed in federal court by prisoners. However, there is also evidence that suggests that even meritorious claims are barred from federal court based on technicalities through a failure to comply with the PLRA. While the initial intent of the PLRA was to prohibit the increasing flow of frivolous suits by prisoners at the time, the consequences have been dire for prisoners seeking redress for meritorious claims that fail to meet the PLRA’s high standard of exhaustion.
Continue readingAppropriation or Adult Adjudication: Missouri Legislature’s Big Misstep in Passing “Raise the Age” Law
In 2018, the Missouri General Assembly enacted a law to “Raise the Age” for automatically trying certain juveniles as adults within the criminal system. For T.J., a seventeen-year-old in Missouri, and for many juvenile service providers, this law was the subject of confusion due to an ambiguity within the law regarding the effective date. The Supreme Court of Missouri had to resolve this dispute to clarify which law was applicable to T.J. and when the jurisdiction of the juvenile division was actually broadened.
Continue readingProtecting A Constitutional Right in the Face of a Public Health Crisis
The COVID-19 pandemic forced courts to adopt procedures in light of the public health crisis. In large part, this meant extremely limiting in-person proceedings and utilizing video conferencing software. However, the pandemic did not allow the suspension or restriction of an individual’s constitutional rights in criminal cases.
Continue readingOff-Campus Student Speech Regulation: A Snap Decision?
“Social media has fundamentally changed how, when, and where teens communicate. This has changed who can see and monitor those communications, resulting in implications for the First Amendment student speech doctrine. With the rise of social media, there is now a way for the school to see what students are saying off-campus.”
Continue readingPunting Economic Realities: The Narrowing of Long-Standing Tax Law Doctrine in Missouri
“The impact of this decision, however, will have broad implications not just for the Chiefs, but for Missouri taxpayers generally. The resulting economic realities doctrine after this decision will provide a safety net to prevent fraudulent tax avoidance in the state, while at the same time encouraging economic activity.”
Continue readingThe End of the Fight Between the Missouri Legislature and Missouri Supreme Court in Expanding and Contracting Punitive Damages in Medical Malpractice Actions
“Rhoden’s place in the history of Missouri medical malpractice reform and the subsequent amendment of the statute to require intentional conduct by healthcare providers to sustain a punitive damages award is in the best interest of Missouri healthcare—a state with a shortage of physicians and a history of medical malpractice insurance dilemmas.”
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