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  • Commentaries
  • Judgments

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Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management

Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management

Date: Dec 15, 2025
Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management I. Introduction In Perez v. City of San Antonio, No. 23-50746 (5th Cir....
United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A

United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A

Date: Dec 15, 2025
United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A I. Introduction In United States v. Roland Vance Watson, No....
Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County

Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County

Date: Dec 15, 2025
Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County 1. Introduction This...
Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025)

Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025)

Date: Dec 15, 2025
Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025) I. Introduction In United States v. Mitchell Washington, No....
Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections

Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections

Date: Dec 15, 2025
Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections I. Introduction The Eleventh...
“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center (SC‑2024‑0767) and Ex parte Marble City Family Care & Obstetrics (SC‑2024‑0770)

“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center (SC‑2024‑0767) and Ex parte Marble City Family Care & Obstetrics (SC‑2024‑0770)

Date: Dec 15, 2025
“Timely Amendment” Under the Alabama Medical Liability Act: Commentary on Ex parte Coosa Valley Medical Center and Ex parte Marble City Family Care & Obstetrics, P.C. I. Introduction This decision...
No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State: Commentary on Shumate v. Berry Contracting, L.P.

No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State: Commentary on Shumate v. Berry Contracting, L.P.

Date: Dec 15, 2025
No Automatic Vacatur of Domesticated Foreign Judgments Upon Reversal in the Rendering State Commentary on Shumate v. Berry Contracting, L.P., Supreme Court of Alabama (Dec. 12, 2025) I. Introduction...
No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

Date: Dec 15, 2025
No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable” Commentary on Benchmark Insurance Company, et al. v. Harris, Supreme Court of Mississippi (Dec. 11, 2025) I....
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

Date: Dec 15, 2025
No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi I. Introduction The Supreme Court of Mississippi’s decision...
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor

Date: Dec 14, 2025
Prospective Constitutional Relief, State Officers, and the Court of Claims Act Notice Provision: Commentary on Michigan Immigrant Rights Center v. Governor I. Introduction The Michigan Supreme...
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority

Date: Dec 14, 2025
Procedural Management of Complex Infrastructure Litigation: The Michigan Supreme Court’s Time‑Extension Order in Dubrulle v. Great Lakes Water Authority I. Introduction The document reproduced above...
Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court

Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court

Date: Dec 14, 2025
Reassignment Without Disqualification: The Nevada Supreme Court’s Use of Supervisory Authority to Protect the Presumption of Innocence in Williams v. District Court I. Introduction The Nevada Supreme...
Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards

Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards

Date: Dec 14, 2025
Zavalza v. State and the Nevada Supreme Court’s Tightening of Harmless Error, Lost Evidence, and Non‑Traditional Expert Standards Introduction In Julius Edward Zavalza v. State of Nevada, No. 89057,...
Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures

Date: Dec 14, 2025
Broad Reach, Prospective Application: Vermont’s Medical‑Monitoring Statute Covers Out‑of‑State Releases but Not Pre‑2022 Exposures I. Introduction In Amber Neddo, as Guardian & Next Friend to Z.N.,...
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC (2025 VT 65)

Date: Dec 14, 2025
Single-Plant Determinations, Vested Rights, and Administrative Preclusion in Vermont's Renewable Energy Siting: Commentary on In re Petition of Otter Creek Solar LLC, 2025 VT 65 I. Introduction The...
Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Reaffirming Person-Specific Mootness: In re Appeal of H.D. and the Limits of the “Capable of Repetition, Yet Evading Review” Exception in Vermont Emergency Housing Appeals

Date: Dec 14, 2025
Reaffirming Person-Specific Mootness: In re Appeal of H.D. (DCF, Appellant) and the Limits of the “Capable of Repetition, Yet Evading Review” Exception I. Introduction The Vermont Supreme Court’s...
United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

Date: Dec 14, 2025
United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release I. Introduction In United States v. Troy H. Williams, No. 25-3241 (6th...
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Date: Dec 14, 2025
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton I. Introduction The Sixth Circuit’s...
Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District

Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District

Date: Dec 14, 2025
Defining “Essential Employees” in Pandemic Workers’ Compensation: Commentary on Giuseppe Amato v. Township of Ocean School District I. Introduction The New Jersey Supreme Court’s per curiam decision...
Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Date: Dec 14, 2025
Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S. I. Introduction The Nebraska Supreme Court’s decision...
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