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  • Commentaries
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new-precedent-on... Case Commentaries

State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas

State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas

Date: Dec 6, 2025
State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas I. Introduction In State v. Cunningham, No. 125,865 (Kan....
Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025)

Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025)

Date: Dec 6, 2025
Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. 2025) I. Introduction The Seventh Circuit’s nonprecedential...
Nevada’s Employment‑Luring Statute After Field Effect: NRS 613.010 Covers Job Changes Without Residential Relocation

Nevada’s Employment‑Luring Statute After Field Effect: NRS 613.010 Covers Job Changes Without Residential Relocation

Date: Dec 6, 2025
Nevada’s Employment‑Luring Statute After Field Effect: NRS 613.010 Covers Job Changes Without Residential Relocation I. Introduction In Field Effect Security Inc. v. Eighth Judicial District Court...
“Authentication First”: Nevada Supreme Court Clarifies Foundational Requirements for Text Message Evidence in Talley v. State

“Authentication First”: Nevada Supreme Court Clarifies Foundational Requirements for Text Message Evidence in Talley v. State

Date: Dec 6, 2025
“Authentication First”: Nevada Supreme Court Clarifies Foundational Requirements for Text Message Evidence in Talley v. State I. Introduction In Omar Talley v. State of Nevada, 141 Nev., Advance...
Joint Complainants and the Affidavit-of-Merit Requirement under NRS 11.258: Commentary on Bagelmania Holdings, LLC v. RDH Interests, Inc.

Joint Complainants and the Affidavit-of-Merit Requirement under NRS 11.258: Commentary on Bagelmania Holdings, LLC v. RDH Interests, Inc.

Date: Dec 6, 2025
Joint Complainants and the Affidavit-of-Merit Requirement under NRS 11.258: Commentary on Bagelmania Holdings, LLC v. RDH Interests, Inc. I. Introduction The Nevada Supreme Court’s decision in...
Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Date: Dec 6, 2025
Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures I. Introduction In Morgan v. Ygrene Energy Fund, Inc. (Cal. Supreme Ct. Dec....
Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Date: Dec 6, 2025
Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Michael J. Gableman and the Limits of “Appearance of Bias” in Wisconsin I. Introduction This commentary analyzes the December...
Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins

Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins

Date: Dec 6, 2025
Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins I. Introduction The Supreme Court of Ohio’s...
Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill

Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill

Date: Dec 6, 2025
Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill, 2025-Ohio-5392 I. Introduction The Supreme Court of Ohio’s decision in Disciplinary...
State v. Jones and the “Probability of Error” Standard under App.R. 5(C)

State v. Jones and the “Probability of Error” Standard under App.R. 5(C)

Date: Dec 6, 2025
State v. Jones and the “Probability of Error” Standard under App.R. 5(C) I. Introduction In State v. Jones, 2025-Ohio-5389, the Supreme Court of Ohio clarified the meaning and operation of App.R....
Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Date: Dec 6, 2025
Abbott v. League of United Latin American Citizens (Abbott v. LULAC): Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases I....
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Date: Dec 6, 2025
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber) I. Introduction The Sixth Circuit’s...
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Date: Dec 6, 2025
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: Ramsey v. Rivard (Gaertner) and the Boundaries of Absolute Immunity I. Introduction This commentary examines the Sixth Circuit’s...
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Date: Dec 6, 2025
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025) I. Introduction The Sixth Circuit’s...
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

Date: Dec 6, 2025
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms I. Introduction In United States v. Gene Curtis Roper, No. 24-5834 (6th Cir. Dec. 4, 2025), the...
Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence

Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence

Date: Dec 6, 2025
Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence I. Introduction State v. Paul J. Caneiro, A-1-25...
MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings

MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings

Date: Dec 6, 2025
MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings I. Introduction The North Dakota Supreme Court’s...

    State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1
    in Serious-Injury and Fatal DUI Crash Investigations

State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1 in Serious-Injury and Fatal DUI Crash Investigations

Date: Dec 6, 2025
State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1 in Serious-Injury and Fatal DUI Crash Investigations I. Introduction State v. Bell, 2025 ND 201, is a significant...
State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1)

State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1)

Date: Dec 6, 2025
State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1) Introduction In State v. Martinez, 2025 ND 204, the North Dakota Supreme Court addressed an increasingly...
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Date: Dec 6, 2025
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore, 2025 IL 131564 I. Introduction The Illinois Supreme Court’s decision in People v. Seymore,...
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