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  • Commentaries
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Alaska Case Commentaries

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement

Date: Oct 9, 2025
Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement Court: Supreme Court of the State...
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Date: Sep 27, 2025
Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility” Introduction In State of Alaska...
Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Date: Sep 27, 2025
ICWA’s “Active Efforts” Focus on Parents and Indian Custodians, Not Extended Family: Alaska Supreme Court’s Decision in Betsy F. v. State (No. 7789, Sept. 26, 2025) Introduction In a decision of...
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Date: Sep 26, 2025
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Date: Sep 26, 2025
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025
UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....
Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Date: Aug 31, 2025
Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole Case: Alana M. (Mother) v. State of Alaska, Department of Family & Community Services, Office of...
No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

Date: Aug 31, 2025
No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties Case: Amye Wallace v. John O’Hara, Supreme Court of the State of Alaska, No. S-19241...
No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

Date: Aug 31, 2025
No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS Memorandum...
Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation

Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation

Date: Aug 28, 2025
Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation Roman G. v. State of Alaska,...
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Date: Aug 25, 2025
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases Commentary on Kash B. (Father) v. State of Alaska, Department of Family and Community Services, Office of Children’s...
“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

Date: Aug 18, 2025
“Prevailing On The Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. State of Alaska, Department of Natural Resources 1. Introduction The Alaska Supreme...
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Date: Aug 18, 2025
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA Commentary on J.A. (Father) v. Native Village of Tanana Supreme Court of Alaska (No. 2099, 13...
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

Date: Aug 18, 2025
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement Introduction In Fairbanks v. Fox, No. 2100 (Alaska...
Extending Laches to Declaratory Quiet-Title Actions and Recognising Non-Party Prejudice: Commentary on Amerigold Holdings LLC v. Baker & Silverbow Mining LLC (Alaska 2025)

Extending Laches to Declaratory Quiet-Title Actions and Recognising Non-Party Prejudice: Commentary on Amerigold Holdings LLC v. Baker & Silverbow Mining LLC (Alaska 2025)

Date: Aug 13, 2025
Extending Laches to Declaratory Quiet-Title Actions and Recognising Non-Party Prejudice A Commentary on Amerigold Holdings LLC v. Douglas Baker & Silverbow Mining LLC, Supreme Court of Alaska,...
Explained: The New Obligation on Alaska Courts to Justify
            Non-Insurance Solutions When Survivor Benefits Are Jeopardized —
            A Commentary on Sandvik v. Frazier (Alaska 2025)

Explained: The New Obligation on Alaska Courts to Justify Non-Insurance Solutions When Survivor Benefits Are Jeopardized — A Commentary on Sandvik v. Frazier (Alaska 2025)

Date: Aug 13, 2025
Explained: The New Obligation on Alaska Courts to Justify Non-Insurance Solutions When Survivor Benefits Are Jeopardized — A Commentary on Sandvik v. Frazier (Alaska 2025) 1. Introduction Background....
Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody

Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody

Date: Aug 6, 2025
Extending the Moeller Symmetry: Alaska Supreme Court Requires Symmetrical Custody Analysis for Significant In-State Relocations and Re-Affirms the Statutory Preference for Joint Legal Custody...
Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline

Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline

Date: Aug 6, 2025
Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline 1. Introduction The Supreme Court of Alaska’s decision in Peter R. v. B.M.R., a...
Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards

Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards

Date: Aug 6, 2025
Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards Introduction In Randall Ward Wolffe v. Robin Wolffe, No. 7779 (Alaska...
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in TPR Trials – Commentary on Mitch J. v. State of Alaska, DFCS/OCS

Date: Jul 31, 2025
Reaffirming Timeliness & Proper Service as Preconditions for Prisoner-Transport in Termination of Parental Rights Trials Comprehensive Commentary on Mitch J. v. State of Alaska, DFCS, OCS (Supreme...
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