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juvenile-sentencing-guidelines:-iowa-supreme-court Case Commentaries

Certification Prerequisite for Attorney General Representation Under Ark. Code § 25-16-702

Certification Prerequisite for Attorney General Representation Under Ark. Code § 25-16-702

Date: May 23, 2025
Certification Prerequisite for Attorney General Representation Under Ark. Code § 25-16-702 Introduction In Tim Griffin, in His Official Capacity as Attorney General of Arkansas v. Arkansas Board of...
Kousisis v. United States (2025):  The Supreme Court Confirms that Fraudulent-Inducement Wire-Fraud Liability Does Not Depend on Proving Victim Economic Loss

Kousisis v. United States (2025): The Supreme Court Confirms that Fraudulent-Inducement Wire-Fraud Liability Does Not Depend on Proving Victim Economic Loss

Date: May 23, 2025
Kousisis v. United States (605 U.S. ___, 2025) The Supreme Court validates the “fraudulent-inducement” theory and rejects any freestanding economic-loss requirement under the Federal Wire-Fraud...
Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3

Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3

Date: May 23, 2025
Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3 Introduction In Norfolk Southern Railway Co. v. State Corporation Commission (Record No. 240869, Va....
Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2)

Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2)

Date: May 23, 2025
Presumption of Flight Risk for Unauthorized Aliens Charged with Forcible Felonies under Florida Rule 3.132(f)(2) Introduction In In Re: Amendments to the Florida Rules of Criminal Procedure – 2025...
Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Date: May 23, 2025
Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker Introduction Harris v. Tucker, decided by the Supreme Court of Delaware on May 22, 2025, addresses a father’s...
Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal

Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal

Date: May 23, 2025
Presumption of Authenticity for Court Official Signatures and the Florida Courts E-Filing Portal Introduction In In Re: Amendments to Florida Rules of General Practice and Judicial Administration...
Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity

Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity

Date: May 23, 2025
Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity 1. Introduction Y.A. v. Hamtramck Public Schools, decided May 22, 2025 by the Sixth Circuit,...
Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act

Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act

Date: May 23, 2025
Directory Nature of the 48-Hour Pretrial Detention Hearing Rule under Illinois’ Pretrial Fairness Act Introduction People v. Cooper (2025 IL 130946) addresses a key procedural question under the...
Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Date: May 23, 2025
Rational Basis Validation of Violent Career Criminal Enhancements Introduction Cody Edward Davis v. Secretary, Florida Department of Corrections (11th Cir., May 22, 2025) presents a challenge to...
Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn

Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn

Date: May 23, 2025
Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn Introduction The Supreme Court of North Dakota’s decision in State v. Lewellyn, 2025 ND 98, addresses the...
Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims

Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims

Date: May 23, 2025
Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims Introduction In Severson v. Gupta, 2025 ND 101, the...
Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified

Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified

Date: May 23, 2025
Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified Introduction Chen v. Noem is a summary order issued by the United States...
Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims

Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims

Date: May 23, 2025
Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 22, 2025), the United States Court of...
“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

Date: May 23, 2025
“Substantial-Compliance” Standard for Good-Guy Guaranties Empanada Fresca LLC v. 1 BK Street Corp., 238 A.D.3d 589 (1st Dep’t 2025) I. Introduction Empanada Fresca LLC operated a Colombian restaurant...
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Date: May 23, 2025
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases Introduction In People v. Hu Sin, 2025 NY Slip Op 03100, the New York Court...
“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

Date: May 23, 2025
“Local Climate Autonomy” – The Court of Appeals Holds that New York’s Climate Leadership and Community Protection Act Does Not Preempt New York City’s Local Law 97 Introduction In Glen Oaks Village...
Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates

Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates

Date: May 23, 2025
Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates Introduction This commentary examines the Mississippi Supreme Court’s decision in In the Matter of the Estate of...
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation

Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation

Date: May 23, 2025
Denial of Reinstatement for Public-Office Misconduct and Inconsistent Admissions Undermining Rehabilitation Introduction In the matter of In re Petition for Reinstatement of C. Michael Sparks, the...
Mandating Commission-Structured O&M Agreements under the Distressed and Failing Utilities Improvement Act

Mandating Commission-Structured O&M Agreements under the Distressed and Failing Utilities Improvement Act

Date: May 23, 2025
Mandating Commission-Structured Operation & Maintenance Agreements under the Distressed and Failing Utilities Improvement Act Introduction Gauley River Public Service District (“Gauley River”)...
Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters

Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters

Date: May 23, 2025
Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters Introduction United States v. Walters (10th Cir. May 22, 2025) involved an appeal by Edward Walters from a...
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