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

Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Date: Nov 22, 2025
Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi I. Introduction In Carlos Andres Ramos...
Curtailing Private Enforcement and Clarifying Jury Instruction Duties: Citizen’s Arrest Limits and Lesser‑Included Offenses in Ser (Georgio) v. State

Curtailing Private Enforcement and Clarifying Jury Instruction Duties: Citizen’s Arrest Limits and Lesser‑Included Offenses in Ser (Georgio) v. State

Date: Nov 22, 2025
Curtailing Private Enforcement and Clarifying Jury Instruction Duties: Citizen’s Arrest Limits and Lesser‑Included Offenses in Ser (Georgio) v. State I. Introduction The Nevada Supreme Court’s...
Commonwealth v. Jackson: Defining the Limits of “Acceptance of Responsibility” in Virginia Probation Revocation Sentencing

Commonwealth v. Jackson: Defining the Limits of “Acceptance of Responsibility” in Virginia Probation Revocation Sentencing

Date: Nov 22, 2025
Commonwealth v. Jackson: Defining the Limits of “Acceptance of Responsibility” in Virginia Probation Revocation Sentencing I. Introduction In Commonwealth v. Jackson (Supreme Court of Virginia, Nov....
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Date: Nov 22, 2025
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC I. Introduction...
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Date: Nov 22, 2025
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending 1. Introduction The decision in Matter of White, 2025 NY Slip Op 06383 (App Div 3d...
People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief

People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief

Date: Nov 22, 2025
People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief I. Introduction In People v Hall, 2025 NY Slip Op 06366 (3d Dept Nov. 20, 2025), the...
Limits on Delegating Parenting Time Decisions to Therapists in North Dakota: Commentary on Boyda v. Boyda, 2025 ND 193

Limits on Delegating Parenting Time Decisions to Therapists in North Dakota: Commentary on Boyda v. Boyda, 2025 ND 193

Date: Nov 22, 2025
Limits on Delegating Parenting Time Decisions to Therapists in North Dakota: A Commentary on Boyda v. Boyda, 2025 ND 193 I. Introduction The North Dakota Supreme Court’s decision in Boyda v. Boyda,...
Domestic Violence Without Expiration: Clemenson v. Clemenson and the Scope of North Dakota’s Custody Presumption

Domestic Violence Without Expiration: Clemenson v. Clemenson and the Scope of North Dakota’s Custody Presumption

Date: Nov 22, 2025
Domestic Violence Without Expiration: Clemenson v. Clemenson and the Scope of North Dakota’s Custody Presumption I. Introduction In Clemenson v. Clemenson, 2025 ND 195, the North Dakota Supreme Court...
Isolated Parental DUI and Material Change in Circumstances in North Dakota Custody Law: Commentary on Johnson v. Staiger, 2025 ND 198

Isolated Parental DUI and Material Change in Circumstances in North Dakota Custody Law: Commentary on Johnson v. Staiger, 2025 ND 198

Date: Nov 22, 2025
Isolated Parental DUI and the “Material Change in Circumstances” Threshold in North Dakota Custody Law: A Comprehensive Commentary on Johnson v. Staiger, 2025 ND 198 I. Introduction Johnson v....
State v. Gores (2025 ND 194): Forcible Resistance, the Duty to Inform, and “Willful” Domestic Violence in North Dakota Law

State v. Gores (2025 ND 194): Forcible Resistance, the Duty to Inform, and “Willful” Domestic Violence in North Dakota Law

Date: Nov 22, 2025
State v. Gores (2025 ND 194): Forcible Resistance, the Duty to Inform, and “Willful” Domestic Violence in North Dakota Law I. Introduction In State v. Gores, 2025 ND 194, the North Dakota Supreme...
State v. Vetter: Defining “Tumultuous” Disorderly Conduct and Preserving Constitutional Claims Under N.D.C.C. § 12.1‑31‑01

State v. Vetter: Defining “Tumultuous” Disorderly Conduct and Preserving Constitutional Claims Under N.D.C.C. § 12.1‑31‑01

Date: Nov 22, 2025
State v. Vetter: Defining “Tumultuous” Disorderly Conduct and Preserving Constitutional Claims Under N.D.C.C. § 12.1‑31‑01 I. Introduction In State v. Vetter, 2025 ND 197, the North Dakota Supreme...
Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act

Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act

Date: Nov 22, 2025
Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act I. Introduction In Clarke v. Town of Newburgh, 2025 NY Slip Op 06359...
“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer

“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer

Date: Nov 22, 2025
“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer I. Introduction In Matter of Garcia v. WTC...

      Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: Commentary on People v. Sargeant

Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: Commentary on People v. Sargeant

Date: Nov 22, 2025
Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: A Commentary on People v. Sargeant, 2025 NY Slip Op 06361 (NY Court of Appeals) I. Introduction People v....
Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co.

Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co.

Date: Nov 22, 2025
Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co. I. Introduction The Supreme Court of Illinois’ decision in Fausett...
Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act

Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act

Date: Nov 22, 2025
Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act I. Introduction In Haase v. Kankakee School District...
Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago

Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago

Date: Nov 22, 2025
Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago,...
People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause

People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause

Date: Nov 22, 2025
People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause I. Introduction In People v. Butler, 2025 IL 130988 (Ill. Nov. 20, 2025),...
People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia

People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia

Date: Nov 22, 2025
People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia I. Introduction In People v. Hietschold, 2025 IL 130716 (Ill. Nov. 20, 2025), the...
People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of Warrington

People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of Warrington

Date: Nov 22, 2025
People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of People v. Warrington I. Introduction In People v. Williams, 2025 IL 130779 (Ill. Nov. 20, 2025), the...
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