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Co-Author of an Eighth Circuit blog on Law.com (2019-present)

No Clearly Established Due Process Right to Informational Privacy, Says Eighth Circuit

Decision To Remove Children From Father's Custody Not Unlawful Given Compelling Interest in Protecting Minors

The Eighth Circuit recently affirmed the Rule 12 dismissal of a lawsuit brought by a father, his three children, and an association against a Minnesota county, its social-services agency, and several state and county officials.

Eighth Circuit Decision Demonstrates Conflicting Views on Use of Deadly Force

A recurring question in §1983 cases is whether unarmed, feeing suspects pose the requisite threat to officers or others to justify the use of deadly force. Related questions include the availability of qualified immunity at the summary-judgement stage. A recent Eighth Circuit decision embodies conficting views on this subject.

Eighth Circuit Affirms Preliminary Injunction Against Enforcement of Arkansas 'Blackout' Periods for Campaign Contributions

The court affirmed a preliminary injunction against enforcement of an Arkansas statute that prohibits campaign contributions from being made during a two-year “blackout” period well before an election.

Eighth Circuit Joins Those Invalidating Traditional Panhandling Laws, While Some Newer Approaches Are Upheld

On November 6th, the Eighth Circuit upheld an injunction against Arkansas's revised statutory prohibition of panhandling, but split on the question of whether the district court should have 8th Circuit Spotlight enjoined the enforcement of the prohibition on a statewide basis.

Eighth Circuit Flips Invalidation of Engagement-letter Arbitration Clause

Under the Federal Arbitration Act, a court can invalidate an arbitration agreement based on the traditional contract defenses, including unconscionability.

Co-Author of Street Graphics and the Law, Fourth Revised Edition

Co-Author of Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices, 36 Zoning and Planning Law Report 5 at 1

Dr. Strangebill (or How the Last Congress Learned to Stop Worrying and Love Substantive Due Process), 54 Fed. Lawyer 40

Bulldozing Their Principles, 29 Legal Times No. 33 at 46

Co-Author of Drawn From Local Knowledge . . . and Conformed to Local Wants': Zoning and Incremental Reform of Dormant Commerce Clause Doctrine, 38 Loy. U. Chi. L.J. 1

The Modern Tower of Babel: Defending the New Wave of First Amendment Challenges to Municipal Billboard and Sign Regulations, 58 Planning and Environmental Law No. 10 at 3 (with Robin M. Wolpert)

Debunking the Urban (Planning) Legends About Kelo, 57 Planning and Environmental Law No. 9 at 11

The Minnesota Constitution as a Sword: The Evolving Private Cause of Action, 20 Wm. Mitchell L. Rev. 313

The Shrinking Role of the Jury in Constitutional Litigation, 16 Wm. Mitchell L. Rev. 697