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Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking 1. Introduction In Wisconsin Manufacturers and Commerce, Inc. v....
Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error Introduction State v. Donald Edward...
“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (Supreme Court of Montana, 2025 MT 131) Introduction In In re the Grandparent–Grandchild Visitation of A.L.U., 2025 MT 131,...
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects Introduction Jones v. State, No. 108, 2025...
“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District 1. Introduction Case: Sanchez v. City of Boise,...
No Private Right of Action for Erroneous BMV Records: Chris A. Kelly v. Indiana Bureau of Motor Vehicles (Ind. 2025) Introduction In Chris A. Kelly v. Indiana Bureau of Motor Vehicles, the Supreme...
Re-Drawing the Boundaries of Equitable Relief: Department of Homeland Security v. D.V.D. (606 U.S. ___, 2025) Introduction On 23 June 2025 the U.S. Supreme Court, acting on an emergency application,...
Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R. (R.I. 2025) Introduction On 23 June...
Third Circuit Reaffirms “No Fundamental Right to Refuse a COVID-19 Vaccine in Public Employment” – Commentary on Cuttler v. Allegheny County (3d Cir. 2025) 1. Introduction Jeffrey L. Cuttler, a...
The “Edwards Waiver Doctrine”: When Extended Premium Acceptance Estops ERISA Insurers from Exercising Discretionary Cancellation Rights 1. Introduction Edwards v. Guardian Life Ins., No. 24-60381...
“Stone Still Stands” – Fifth Circuit Affirms the Ongoing Prohibition against Permanent Religious Displays in Public-School Classrooms (Roake v. Brumley) 1. Introduction Roake v. Brumley is the first...
Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter 1. Introduction United States v. Carpenter, No. 24-11076 (5th Cir. 2025) arises out of a multi-million-dollar...
“Premises, Pipelines & Protest” The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute Introduction White Hat v. Murrill, No. 24-30272 (5th Cir. 2025),...
Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Supreme Court of Iowa, 2025) 1. Introduction The Supreme Court of...
“On-Body Containers” and the Search-Incident-to-Arrest Exception: A Commentary on State of Iowa v. Patrick Scullark Introduction State of Iowa v. Patrick Wayman Scullark, Jr., No. 23-1218, decided by...
“Aggregation and Judicial Restraint in Parole Matters” How the Rhode Island Supreme Court Clarified Parole Eligibility and Limited Trial-Court Power in Michael Lambert v. Wayne T. Salisbury, Jr....
Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard Introduction In Hughes v. National Football League, the United States Court of...
“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” Commentary on Hussain v. Bondi, 24-1812 (2d Cir. 2025) Court of Appeals for the Second Circuit | Decided 20 June 2025 | ...
No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement 1. Introduction Jordan v. Chiaroo, No. 24-2397 (2d Cir. June 20, 2025),...
Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute Introduction Parties & Forum. Pro-se taxpayers Atif A. Khan and Huma...