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

No Parental Standing to Challenge Child’s Counsel in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

No Parental Standing to Challenge Child’s Counsel in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

Date: Nov 29, 2025
No Parental Standing to Challenge a Child’s Counsel in Termination Proceedings: A Commentary on Matter of C.M.B., 2025 MT 272 I. Introduction In Matter of C.M.B., 2025 MT 272, the Montana Supreme...
Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders: Commentary on Waddell v. Studer, 2025 MT 269

Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders: Commentary on Waddell v. Studer, 2025 MT 269

Date: Nov 29, 2025
Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders Commentary on Waddell v. Studer, 2025 MT 269 (Mont. Sup. Ct.) Court: Supreme Court of Montana...
Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications — Commentary on In re Parenting of A.M.B.-B., 2025 MT 270

Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications — Commentary on In re Parenting of A.M.B.-B., 2025 MT 270

Date: Nov 29, 2025
Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications Commentary on In re the Parenting of A.M.B.-B., 2025 MT 270 (Mont....
Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes (2025 MT 273N)

Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes (2025 MT 273N)

Date: Nov 29, 2025
Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes, 2025 MT 273N I. Introduction In Sliwinski v. Rhodes, 2025 MT 273N (DA 25-0385),...
State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel”

State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel”

Date: Nov 29, 2025
State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel” I. Introduction In State v. Knight, Docket No. 52929 (Idaho Nov....
State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation

State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation

Date: Nov 29, 2025
State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation I. Introduction In State v. Robertson, 52794 (Idaho Nov. 24, 2025), the Idaho Supreme Court...
Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits

Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits

Date: Nov 29, 2025
Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits I. Introduction In Coronado v. City of Boise, the Idaho Supreme Court issued a...
Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Date: Nov 29, 2025
Reaffirming Implied and Voluntary Consent to Warrantless Home Searches: Commentary on United States v. Brooks (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C.

Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C.

Date: Nov 29, 2025
Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C. I. Introduction This Alaska Supreme Court...
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

Date: Nov 29, 2025
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law I. Introduction The Arizona Supreme...
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Date: Nov 29, 2025
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine I. Introduction In Henderson v. Hon. Moskowitz / Sullivan, No....
Substantial Compliance, Summary Notice, and Frivolous Constitutional Claims in Municipal Zoning: Commentary on Frank Griswold v. City of Homer (Alaska 2025)

Substantial Compliance, Summary Notice, and Frivolous Constitutional Claims in Municipal Zoning: Commentary on Frank Griswold v. City of Homer (Alaska 2025)

Date: Nov 29, 2025
Substantial Compliance, Summary Notice, and Frivolous Constitutional Claims in Municipal Zoning: Commentary on Frank Griswold v. City of Homer (Alaska 2025) Supreme Court of the State of Alaska,...
No Individual Right to Directly Petition an Investigative Grand Jury: Commentary on Thomas Garber v. Superior Court

No Individual Right to Directly Petition an Investigative Grand Jury: Commentary on Thomas Garber v. Superior Court

Date: Nov 29, 2025
No Individual Right to Directly Petition an Investigative Grand Jury: Commentary on Thomas Garber v. Superior Court Introduction In Thomas Garber v. Superior Court, Third Judicial District, No....
Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc.

Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc.

Date: Nov 28, 2025
Strict Compliance with Section 220 Form-and-Manner Requirements: Commentary on Floreani v. FloSports, Inc. Introduction The Delaware Supreme Court’s decision in Martin Floreani v. FloSports, Inc.,...
Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea

Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea

Date: Nov 28, 2025
Reese v. State: Limits on Cronic, Rule 61, and Brady Challenges After a Global Guilty Plea I. Introduction The Delaware Supreme Court’s order in Reese v. State (No. 6, 2025, decided November 24,...
Limits on Prospective Relief and Justiciability in Alaska Prisoner Litigation: Commentary on Raymond Katchatag v. State, Department of Corrections

Limits on Prospective Relief and Justiciability in Alaska Prisoner Litigation: Commentary on Raymond Katchatag v. State, Department of Corrections

Date: Nov 28, 2025
Limits on Prospective Relief and Justiciability in Alaska Prisoner Litigation: Commentary on Raymond Katchatag v. State, Department of Corrections Court: Supreme Court of the State of Alaska...
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

Date: Nov 28, 2025
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s summary...
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Date: Nov 28, 2025
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer I. Introduction The Second Circuit’s summary order in United States v. Abu Mezer, No. 23‑6099...
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Date: Nov 28, 2025
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Date: Nov 28, 2025
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...
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