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interpreting-& Case Commentaries

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Date: Oct 18, 2025
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails Case: Gore and Associates Management Co., Inc. v. SLSCO Ltd. and...
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Date: Oct 18, 2025
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance Introduction In Jared v. Harmon, 374 Or 381 (2025),...
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Date: Oct 18, 2025
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Brooks‑Buck v. Wahlstrom Court: Supreme Court of Virginia Date: October 16, 2025 Author: Justice Teresa...
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Date: Oct 18, 2025
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline Introduction This commentary analyzes the Supreme Court of Virginia’s...
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Date: Oct 18, 2025
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds Introduction In Morgan Weatherford v. State of Arkansas, 2025...
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

Date: Oct 18, 2025
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152 Introduction In Scott v. Sullivan, 2025...
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Date: Oct 18, 2025
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas Introduction In...
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Date: Oct 18, 2025
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning Introduction In...
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Date: Oct 18, 2025
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025) Introduction In In the Matter of the...
Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds

Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds

Date: Oct 18, 2025
Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds Introduction In Eddie Richardson v. Karim Kharbouch,...
Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation

Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation

Date: Oct 18, 2025
Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation Introduction In Eddie Richardson v. Karim Kharbouch, Nos. 24-1119 &...
Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois

Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois

Date: Oct 18, 2025
Political Dissent Is Not “Rebellion”: Seventh Circuit Confirms Judicial Review of Presidential § 12406 Call-Ups and Bars National Guard Deployment in Illinois Introduction In State of Illinois v....
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

Date: Oct 18, 2025
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections Introduction In County of Onondaga v....
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Date: Oct 18, 2025
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite Case: People v. Callara, 2025 NY Slip Op 05739 (N.Y. Ct. App. Oct. 16, 2025) Author: Troutman, J.;...
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

Date: Oct 18, 2025
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40 Introduction In People v. Everson, 2025 NY Slip Op 05738 (N.Y. Oct. 16, 2025), the New York...
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Date: Oct 18, 2025
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide Introduction In a significant rules decision, the Supreme...
Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified

Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified

Date: Oct 18, 2025
Area Identification Signs Are Distinct from Billboards; Deference to Municipal Land-Use Interpretations and Beneficial-Interest Standing Clarified Introduction In Reno Real Estate Development, LLC v....
Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction

Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction

Date: Oct 18, 2025
Young v. State: Nevada Adopts a Unified Juror-Bias Standard Under NRS 16.050 and NRCrP 17(6), Partially Overruling Sayedzada; Clarifies “Larceny from the Person” Instruction Introduction In Young...
Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay

Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay

Date: Oct 18, 2025
Explicit Pleading Required: Generic "Failure to State a Claim" Does Not Preserve R.C. 2744 Political-Subdivision Immunity; Late Amendments May Be Denied for Unjustified, Prejudicial Delay...
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