Mar 7, 2018
For companies with employees in California, please note that California’s Immigrant Worker Protection Act went into effect on January 1, 2018. The Immigrant Worker Protection Act places certain restrictions on when California employers may provide an immigration enforcement agency access to nonpublic work areas and employee records. A summary of the Act and the additional requirements for California employers are described below. On March 6, 2018, the U.S. Department of Justice filed a lawsuit against the State
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Mar 7, 2018
Background School administrators know the familiar refrain that students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” from the Supreme Court’s precedent in Tinker v. Des Moines, 393 U.S. 503(1969). In Tinker, students wore black armbands to school to protest the Vietnam War. The Court overturned the school district’s decision to suspend the students, finding that their speech was protected by the First Amendment and did not “materially disrupt classwork
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Feb 26, 2018
With what’s happening in Jefferson City, it’s a good time to review a few points about impeachment in Missouri.
- Impeachment is governed by the Missouri Constitution, not by statute.
- The specific provision is Article VI, section 1. It authorizes removal by impeachment of “[a]ll elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts.”
- The last time impeachment was used in Missouri was the removal of Judy Moriarty as Secretary
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Feb 22, 2018
Planning for a Student Protest or Demonstration The tragic school shooting at Marjory Stoneman Douglas High School in Florida has inspired a national dialogue on the causes of school shootings and the appropriate policies to address these all-too-frequent occurrences. Led by those who survived the tragedy, students nationwide are engaging in spirited conversations on these issues with other members of their school communities. In classrooms, cafeterias, and on social media, students are taking an active role in their democracy by
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Jan 29, 2018
In October of 2017, the Western District Court of Appeals became the first Missouri appellate court to extend the United States Supreme Court’s sex-stereotyping theory to allow a gay employee’s Missouri Human Rights Act (“MHRA”) claim to proceed. In this case, the plaintiff, a gay man, alleged he was discriminated against on the basis of his sex, “because his behavior and appearance contradicted the stereotypes of maleness held by his employer and managers.” Lampley v. MCHR, No. WD80288,
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Jan 11, 2018
As noted in our previous blog, available here, on September 5, 2017, President Trump’s Administration announced rescission of the Deferred Action for Childhood Arrivals (DACA) program, which grants a temporary reprieve from deportation (known as deferred action) as well as work authorization for certain young people who entered the United States before the age of 16. Following this announcement various lawsuits were filed challenging rescission of the program. On January 9, 2018, a federal judge in
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Jan 2, 2018
Summary: The method of assembling the record for an appeal in Missouri state courts changed substantially on January 1, 2018. Tueth Keeney’s Jim Layton describes the change””and provides some hints. Appellate News: A new approach to the Missouri “legal file” Many lawyers looked past the Missouri Supreme Court’s June 30 order announcing a substantial revision of Rule 81.12, “Record on Appeal,” and a new Court Operating Rule 27.04. But starting January 1, 2018, those changes created a
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Dec 16, 2017
Effective January 1, 2018, a new Missouri rule dramatically changes the line spacing requirements for appellate briefs. The rule effective until December 31 required double spacing for everything in the brief that matters to the writer””and the reader: Rule 84.06(a) “¦ The Brief shall: “¦ (5) Be double-spaced, except that the cover, any required certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced. The double-space rule was imposed because when brief length was regulated by
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Dec 7, 2017
As noted in a previous blog, on September 24, 2017, President Trump issued a Presidential Proclamation, placing certain visa/travel restrictions on nationals of eight identified countries, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders). As noted in a subsequent blog, on October 17, 2017, federal district courts in Maryland and Hawaii issued preliminary injunctions prohibiting implementation of key aspects of the Proclamation. Those orders were then appealed
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Nov 28, 2017
Jim Layton of Tueth Keeney filed suit this morning on behalf of a member of the State Board of Education who Governor Greitens attempted to fire last week. Governor Greitens appointed Tim Sumners to the State Board in October. But on November 20, a member of the Governor’s staff called Mr. Sumners to say that the governor had “withdrawn” the appointment. Governor Greitens then appointed Jennifer Edwards to the Board. When Mr. Sumners appeared at the November
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Michelle H. Basi
James R. Layton
Merry Rhoades
Mollie G. Mohan