Espinoza v. Montana Department of Revenue, was clearly one of the most far reaching, controversial  and consequential opinions of the 2019-20 United States Supreme Court term. The question before the United States Supreme Court in Espinoza, was whether the Free Exercise Clause precluded the Montana Supreme Court from applying Montana’s no-aid provision to bar religious…

Privacy is Inherent in a Driver’s Statutory Right to Counsel

• In  Rosing v. Director of Revenue, the Missouri Supreme Court, held that the statutory right to attempt to contact an attorney included the right to speak to an attorney privately.
• ” To conclude otherwise, would create absurd results.”
• For full review of this

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Flash Bang Policy – Should Be Reviewed

• Flash bangs are explosive devices, which can kill a person, especially a child, if it lands directly on them.
• “Police call them diversionary devices we call them bombs.” Law enforcement policy
• Should  check to see if innocent individuals are around before deploying the device; that the police have

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Introduction
This last year was a breakout year, with respect to  the  Missouri  sex discrimination laws.  First, the Missouri Supreme Court,  held under the Missouri Human Rights Act (MHRA),  a plaintiff could state a  sex discrimination  claim based on sex stereotyping.  Second, a plaintiff could state a claim  against a school district  for failure to…

Introduction
The Missouri Supreme Court, reminded opposing counsel that it is unethical for an attorney to contact our clients when they are in an adversarial  role. Having a  club in hand, to remind attorneys who are in an adversarial position that  ex parte contacts can violate the  rules of ethics will be helpful in stopping…

Local government officials, routinely process thousands of Sunshine Law requests without a hint of a problem. Occasionally, a request may lead to a dispute over whether or not the record is open or closed, which, for the most part, can routinely be resolved; however, on rare occasions these disputes literally escalate into high stakes, life…

Introduction – This last year  was a good year for zoning cases, providing insights into how communities might deal with certain problems such as the difficult problem of allowing flexibility in your zoning ordinance, while at the same time retaining some level of  protection for citizens who are concerned about certain uses that can easily get…