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  • Commentaries
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affirmation-of-combination-jury-instructions-in-murder-conviction-upholds-kentucky& Case Commentaries

State ex rel. Macksyn v. Spencer: The Supreme Court of Ohio’s New 21-Day “Produce-or-Certify” Rule for Prison-Email Public-Records Requests

State ex rel. Macksyn v. Spencer: The Supreme Court of Ohio’s New 21-Day “Produce-or-Certify” Rule for Prison-Email Public-Records Requests

Date: Jun 23, 2025
State ex rel. Macksyn v. Spencer (2025-Ohio-2116) The Supreme Court of Ohio’s New 21-Day “Produce-or-Certify” Rule for Prison-Email Public-Records Requests 1. Introduction In State ex rel. Macksyn v....
Mandatory Compliance: Ohio Supreme Court Affirms Municipal-Court Judges’ Authority over Elected Clerks in Record-Access Matters

Mandatory Compliance: Ohio Supreme Court Affirms Municipal-Court Judges’ Authority over Elected Clerks in Record-Access Matters

Date: Jun 23, 2025
Mandatory Compliance: Ohio Supreme Court Affirms Municipal-Court Judges’ Authority over Elected Clerks in Record-Access Matters Introduction On 18 June 2025 the Supreme Court of Ohio delivered its...
The Dual-Trigger Doctrine: Supreme Court of Ohio Affirms Multiple 60-Day Windows for PUCO Appeals

The Dual-Trigger Doctrine: Supreme Court of Ohio Affirms Multiple 60-Day Windows for PUCO Appeals

Date: Jun 23, 2025
The Dual-Trigger Doctrine: Supreme Court of Ohio Affirms Multiple 60-Day Windows for PUCO Appeals Introduction In In re Application of Duke Energy Ohio, Inc., 2025-Ohio-2082, the Supreme Court of...
Exhaustion Doctrine Inapplicable to Public-Records Mandamus: A Commentary on State ex rel. Brown v. Sackett (2025-Ohio-2080)

Exhaustion Doctrine Inapplicable to Public-Records Mandamus: A Commentary on State ex rel. Brown v. Sackett (2025-Ohio-2080)

Date: Jun 23, 2025
Exhaustion Doctrine Inapplicable to Public-Records Mandamus: Comprehensive Commentary on State ex rel. Brown v. Sackett (2025-Ohio-2080) Introduction The Supreme Court of Ohio’s decision in State ex...
“Reasonable Period” Redefined:  State ex rel. Fenstermaker v. Phillips (2025) and the Automatic $1,000 Cap for Delayed Public-Records Compliance

“Reasonable Period” Redefined: State ex rel. Fenstermaker v. Phillips (2025) and the Automatic $1,000 Cap for Delayed Public-Records Compliance

Date: Jun 23, 2025
“Reasonable Period” Redefined: State ex rel. Fenstermaker v. Phillips (2025) and the Automatic $1,000 Cap for Delayed Public-Records Compliance 1. Introduction Ohio’s Public Records Act (R.C. 149.43)...
“From Privileged Memo to Public Record” – The Ohio Supreme Court’s New Two-Track Rule on Transmittal E-mails and Unauthorized Forwards (Commentary on State ex rel. Platt v. Montgomery Cty. Bd. of Elections, 2025-Ohio-2079)

“From Privileged Memo to Public Record” – The Ohio Supreme Court’s New Two-Track Rule on Transmittal E-mails and Unauthorized Forwards (Commentary on State ex rel. Platt v. Montgomery Cty. Bd. of Elections, 2025-Ohio-2079)

Date: Jun 23, 2025
“From Privileged Memo to Public Record” – The Ohio Supreme Court’s New Two-Track Rule on Transmittal E-mails and Unauthorized Forwards Commentary on State ex rel. Platt v. Montgomery Cty. Bd. of...
Beyond the Job: Stanley v. City of Sanford and the Temporal Limits of “Qualified Individual” Status Under the ADA

Beyond the Job: Stanley v. City of Sanford and the Temporal Limits of “Qualified Individual” Status Under the ADA

Date: Jun 21, 2025
Beyond the Job: Stanley v. City of Sanford and the Temporal Limits of “Qualified Individual” Status Under the ADA Introduction Stanley v. City of Sanford, 606 U.S. ___ (2025), is the Supreme Court’s...
Jackson v. State Farm: Enforcing Contractual Choice-of-Law Clauses that Import a Foreign Statute of Limitations into Alabama Litigation

Jackson v. State Farm: Enforcing Contractual Choice-of-Law Clauses that Import a Foreign Statute of Limitations into Alabama Litigation

Date: Jun 21, 2025
Jackson v. State Farm: Enforcing Contractual Choice-of-Law Clauses that Import a Foreign Statute of Limitations into Alabama Litigation Introduction Court & Date: Supreme Court of Alabama, 20 June...

        Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for
        Within-Guidelines Sentences – Comment on People v. McSorley

Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People v. McSorley

Date: Jun 21, 2025
Posey Has Teeth: Substantive Unreasonableness and the Limits of the “Presumption of Proportionality” for Within-Guidelines Sentences – Comment on People of Michigan v. Troy Cameron McSorley 1....
“Visual-Compactness” over Algorithms:  The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

“Visual-Compactness” over Algorithms: The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

Date: Jun 20, 2025
“Visual-Compactness” over Algorithms: Supreme Court Clarifies the Municipal Ward Law in Jersey City United Against the New Ward Map v. Jersey City Ward Commission 1. Introduction Following Jersey...
“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Peters v. Quakenbush, 2025)

“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Peters v. Quakenbush, 2025)

Date: Jun 20, 2025
“Present-Obligation, Not Past-Residence” – Indiana Supreme Court Refines Cross-State Sex-Offender Registration Rules (Gage Peters v. Dennis J. Quakenbush II & Lloyd Arnold, Ind. Sup. Ct. No....
The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests

The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests

Date: Jun 20, 2025
The “Thomas Rule” – Indiana Supreme Court Re-Affirms the Divide Between Pre-Election Challenges and Post-Election Contests Introduction Ross G. Thomas, chair of the Bartholomew County Democratic...
“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings

“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings

Date: Jun 20, 2025
“The Roadmap Rule” – Independent Judicial Review & Strict Proof in Indiana CHINS Proceedings Introduction In In re E.K. (J.S. v. Indiana Department of Child Services), the Indiana Supreme Court...

        “No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe v. Marion Superior Court 5

“No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe v. Marion Superior Court 5

Date: Jun 20, 2025
“No Collateral-Adverse-Ruling Bar” – The Indiana Supreme Court’s Clarification of Trial Rule 53.1 in State ex rel. Gary Thoe, et al. v. Marion Superior Court 5 Introduction The Indiana Supreme...
“One Appeal, Many Parcels” – The Alabama Supreme Court Sanctions Consolidated Property-Tax Assessment Appeals

“One Appeal, Many Parcels” – The Alabama Supreme Court Sanctions Consolidated Property-Tax Assessment Appeals

Date: Jun 20, 2025
“One Appeal, Many Parcels” – The Alabama Supreme Court Sanctions Consolidated Property-Tax Assessment Appeals Introduction In Walter F. Scott III v. Alabama Department of Revenue, SC-2025-0013 (Ala....
“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects (Commentary on Steven J. Lorenzo v. State of Florida, No. SC2023-0539)

“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects (Commentary on Steven J. Lorenzo v. State of Florida, No. SC2023-0539)

Date: Jun 20, 2025
“Duty Over Autonomy” – The Florida Supreme Court Confirms Trial Judges Must Consider All Record Mitigation Even When the Self-Represented Defendant Objects Commentary on Steven J. Lorenzo v. State of...
Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules – A Commentary on The Florida Bar v. Alexa Martinez (2025)

Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules – A Commentary on The Florida Bar v. Alexa Martinez (2025)

Date: Jun 20, 2025
Clarifying Ethical Boundaries for Departing Associates: Unauthorized Filings, Client Contact & Discovery Obligations under Florida Bar Rules A Comprehensive Commentary on The Florida Bar v. Alexa...
Kosor v. Southern Highlands: Nevada Supreme Court Holds NRS 38.310’s ADR Requirement is a Waivable Claim-Processing Rule, Not a Jurisdictional Bar

Kosor v. Southern Highlands: Nevada Supreme Court Holds NRS 38.310’s ADR Requirement is a Waivable Claim-Processing Rule, Not a Jurisdictional Bar

Date: Jun 20, 2025
Kosor v. Southern Highlands: Nevada Supreme Court Holds NRS 38.310’s ADR Requirement is a Waivable Claim-Processing Rule, Not a Jurisdictional Bar Introduction The Supreme Court of Nevada, in Kosor,...
Whitley v. Greyhound Lines, Inc.: Nevada Supreme Court Limits the Calder “Effects” Test to Intentional Torts

Whitley v. Greyhound Lines, Inc.: Nevada Supreme Court Limits the Calder “Effects” Test to Intentional Torts

Date: Jun 20, 2025
Whitley v. Greyhound Lines, Inc.: Nevada Supreme Court Limits the Calder “Effects” Test to Intentional Torts Introduction In Whitley v. Greyhound Lines, Inc., 141 Nev., Adv. Op. 33 (2025), the...
Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: An Analysis of Carpenter v. Southbay HOA (2025 ND 114)

Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: An Analysis of Carpenter v. Southbay HOA (2025 ND 114)

Date: Jun 20, 2025
Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: Carpenter v. Southbay Homeowners Association, 2025 ND 114 Introduction Background. KJ Carpenter purchased a vacant lot in the...
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