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

Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4)

Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4)

Date: May 8, 2025
Defining “Toxic Gases” in VSSR Claims Under Former Ohio Adm.Code 4123:1-5-01(B)(4) Introduction This commentary analyzes the Ohio Supreme Court’s decision in State ex rel. Culver v. Industrial...
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Date: May 8, 2025
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Date: May 8, 2025
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: 
Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Date: May 8, 2025
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Date: May 8, 2025
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County Introduction In William E. Corey v. Rockdale County,...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Date: May 8, 2025
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

Date: May 7, 2025
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht A Comprehensive Commentary on Whitton v. Secretary, Florida Department of Corrections (11th Cir....
Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

Date: May 7, 2025
Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims Introduction Court: United States Court of Appeals for the Second Circuit...
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

Date: May 7, 2025
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation Introduction In the Supreme Court of Appeals of West Virginia decision In re L.B.-1...
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Date: May 7, 2025
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State Introduction The Supreme Court of Georgia’s decision in Arnold v. State, S25A0263 (May 6, 2025),...
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Date: May 7, 2025
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b) Introduction In Greathouse v. The State (Court of Appeals of Georgia, November 18, 2024), Jody...
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Date: May 7, 2025
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense

Date: May 7, 2025
Clarifying the Castle Doctrine Exception to the Duty to Retreat in Self-Defense 1. Introduction The Supreme Court of New Jersey’s decision in State v. John T. Bragg (May 6, 2025) addresses a pivotal...
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law

Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law

Date: May 7, 2025
Kinship Placement vs. Foster Care: Defining Intervention Rights Under West Virginia Law 1. Introduction In the Supreme Court of Appeals of West Virginia’s decision in In re J.W. (No. 24-147, May 6,...
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Date: May 7, 2025
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights Introduction In the matter of In re M.M., H.M., S.M., K.M., and G.M., the Supreme Court of Appeals of West Virginia...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Date: May 7, 2025
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Date: May 7, 2025
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Date: May 7, 2025
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin Introduction In the noncitable memorandum decision In re Marriage of Martin (2025 MT 94N), the Supreme Court of Montana...
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Date: May 7, 2025
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims Introduction Waltermeyer v. Hazlewood, decided by the First Circuit on May 6, 2025, addresses...
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

Date: May 7, 2025
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities Introduction This commentary examines the Georgia Supreme Court’s decision in Metz v. State (May 6, 2025), which upholds the...
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