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Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly I. Introduction The First Circuit’s decision in Garrey v. Kelly, No. 21‑1197 (1st Cir. Dec. 12, 2025), sits...
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025) I. Introduction...
Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One I. Introduction This commentary examines the Florida Supreme Court’s...
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas I. Introduction In State v. Volle, No. 127,745 (Kan. Dec. 12, 2025), the...
State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines I. Introduction In State v. McCray, No. 125,798 (Kan. Dec....
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State, 2025 Ark. 213 I. Introduction The Supreme Court of Arkansas’s decision...
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210 I. Introduction The Arkansas...
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause I. Introduction The Arkansas Supreme Court’s decision...
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act Introduction In Erika Lara, Katie Parrish, and Nikita Glendenning v. Gwen...
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas I. Introduction In Arkansas Department of Education v. Faulkenberry, 2025 Ark. 203...
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State, 2025 Ark. 202 I. Introduction In Lazarus Reaves v. State of Arkansas, 2025 Ark. 202,...
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post‑Conviction Hearing Act I. Introduction The Oregon Supreme Court’s decision in Perkins v. Fhuere, 374 Or 575 (2025),...
Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025) I. Introduction In Stone v. Witt, 374 Or 524 (2025), the Oregon Supreme Court...
Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center I. Introduction The Appellate Division, Third Department’s...
Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent I. Introduction The Appellate Division, Third Department’s decision...
Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey, 2025 NY Slip Op 06945 (3d Dept) I. Introduction This commentary analyzes the Appellate...
“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County Dept. of Social Servs. v. McDonald I. Introduction The Appellate...
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery I. Introduction This Third Department decision in...
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R., 2025 NY Slip Op 06938 (3d Dept) I. Introduction This commentary...
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber, 2025 NY Slip Op 06935 I. Introduction Matter of Estate of Ingber is a significant Surrogate’s...