Alaska Case Commentaries

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Date: May 10, 2025

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments Introduction Yako W. Collins was convicted in...

Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Date: May 3, 2025

Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles Introduction In Robert Cassell v. State of Alaska, Department of Fish & Game, Board of Game (Supreme Court No....

Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Date: May 3, 2025

Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4) Introduction In John D. Rochon v. City of Nome, Allen Wright, and Jackie L. Reader, the Alaska...

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Date: May 3, 2025

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients Introduction In the matter of the necessity for the hospitalization of Lila B., the Supreme Court of...

Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage

Date: May 1, 2025

Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage Introduction In Priestley v. Municipality of Anchorage, 2025 Alas. LEXIS 2088, the Alaska Supreme Court considered a...

Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Date: Apr 24, 2025

Substantial Evidence and Harmless-Error Doctrine Affirmed in Alaska Workers’ Compensation Appeals Introduction This commentary examines the Supreme Court of Alaska’s April 23, 2025 Memorandum Opinion...

Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard

Date: Apr 19, 2025

Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard Introduction In Kenneth John Jouppi v. State of Alaska, the Alaska Supreme Court addressed whether...

Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA

Date: Apr 17, 2025

Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA Introduction John M. v. Michelle M. is a Supreme Court of Alaska custody dispute decided on April 16,...

Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute

Date: Apr 17, 2025

Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute Introduction In In the Matter of the Necessity for the Hospitalization of Kai H....

Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill

Date: Apr 12, 2025

Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill Introduction In David Griffith v. Roger...

Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Date: Apr 10, 2025

Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G. Introduction In April 2025, the Alaska Supreme Court considered an appeal from Lawrence G. (“L.G.”), who was...

Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges

Date: Mar 29, 2025

Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges Introduction In State of Alaska, Department of Education & Early...

Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing

Date: Mar 29, 2025

Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing Introduction Kaiser-Francis Oil Company and Aurora-KF, LLC (collectively “KFOC”) sued Rieck Oil, Inc., Deutsche Oel & Gas,...

Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits

Date: Mar 29, 2025

Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits Introduction In Z.C. v. State of Alaska, Department of Health and...

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Alaska Case Commentaries

Legislative “Clarification” Cannot Override Binding Precedent: Separation of Powers and Ex Post Facto Constraints on Retroactive Sentencing Amendments

Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage

Substantial Evidence and Board Discretion in Alaska Workers’ Compensation Appeals

Mandatory Aircraft Forfeiture Under Alaska’s Bootlegging Statute: Excessive Fines Clause Standard

Expansion of Appointed‐Counsel Rights: Extending Flores to Pro Bono Representation by ANDVSA

Apathy and Self-Neglect as Indicators of Gravely Disabled Status under Alaska’s Involuntary Commitment Statute

Litigation Privilege and Stringent Standards for Post-Judgment Tort Claims: NIED, Malicious Prosecution, and Abuse of Process in David Griffith v. Hemphill

Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges

Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing

Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits

Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson

Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims

Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning

Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska

Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis

Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief