Alaska Case Commentaries

Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment

Date: May 22, 2025

Least Restrictive Alternative Requirement in Involuntary Psychiatric Commitment Introduction This commentary examines the Supreme Court of the State of Alaska’s decision in In the Matter of the...

Public Interest Exception to Mootness in Foster‐Care Medical Consent Appeals

Date: May 22, 2025

Public Interest Exception to Mootness in Foster‐Care Medical Consent Appeals Introduction In Margaret M. Testarmata v. State of Alaska, Department of Family & Community Services, Office of Children’s...

Active Efforts under ICWA in the Context of Parental Incarceration and Noncooperation

Date: May 22, 2025

Active Efforts under ICWA in the Context of Parental Incarceration and Noncooperation Introduction This commentary examines the Alaska Supreme Court’s memorandum opinion in Gerald T. v. State of...

Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications

Date: May 22, 2025

Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications Introduction This commentary examines the Alaska Supreme Court’s decision in Brittney M. v....

Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements

Date: May 17, 2025

Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements Introduction Lee E. Baker, Jr. v. Kenneth M. Duffus is a decision from the Supreme Court of the State of...

Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey

Date: May 17, 2025

Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey 1. Introduction In In the Matter of the Estate of Erna Rousey, the Alaska Supreme Court...

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Date: May 10, 2025

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal Introduction In Roseberry v. North Slope Borough School District and North Slope...

Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements

Date: May 10, 2025

Smith v. Municipality of Anchorage: Full Appellate Review of Municipal Campsite Abatements Introduction The Supreme Court of Alaska's decision in Gregory Smith, et al. v. Municipality of Anchorage...

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...