Circuit Courts with Plenary Jurisdiction and Administrative Agencies with Exclusive Jurisdiction: Can They Peacefully Coexist in Missouri

Authors

Paul M. Spinden

Abstract

Part II examines this provision, including its impetus. Part III considers J.C.W.’s exposition of jurisdiction and focuses on its contention that the Missouri Constitution necessarily excludes statutory restrictions on the judiciary’s exercise of subject matter jurisdiction. Part IV closely examines McCracken’s application of J.C.W.’s analysis to the issue of exclusive administrative remedies and agency jurisdiction. Finally, Part V suggests alternative analyses that maintain exclusive remedies for workers’ compensation and other administrative agencies while preserving the circuit courts’ plenary subject matter jurisdiction.

Recommended Citation

Paul M. Spinden, Circuit Courts with Plenary Jurisdiction and Administrative Agencies with Exclusive Jurisdiction: Can They Peacefully Coexist in Missouri, 78 Mo. L. Rev. (2013)
Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss3/5