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protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles Introduction In Benda for Common-sense, a Minnesota Non-Profit Corporation, and...
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota Introduction In State of Minnesota v. Brian Russell Lueck, A24-0250 (Minn. Nov. 12, 2025), the...
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County Introduction In Ferrara v. Travis County, the Fifth Circuit (summary calendar, per...
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only Court: United States Court of Appeals for the Fifth Circuit Date: November 11, 2025 Docket...
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment Commentary on United States v. Horton, No. 24-50938 (5th Cir. Nov. 11, 2025)...
Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child I. Introduction The Vermont Supreme Court’s decision in State v. Cody...
Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska I. Introduction JBG Memorial, LLC v. State of Alaska, Department of...
Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits) I. Introduction This consolidated...
Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring) I. Introduction This commentary analyzes Justice Ewing’s concurring...
Broad Stop‑Sale Authority of the Cannabis Control Board and Strict Record Requirements for Bias Claims: Commentary on In re Holland Cannabis, LLC, 2025 VT 61 I. Introduction In In re Holland...
No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B. Introduction The concurring opinion by...
In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings I. Introduction The Supreme Court of Appeals of West Virginia’s...
Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) Commentary on In re R.B. (Bunn, J., concurring) I. Introduction The concurring opinion...
Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D. I. Introduction The Supreme Court of Appeals of West Virginia’s...
Limiting the “Illegal Sentence” Exception to Appeal Waivers in Indiana: Commentary on Kimberly R. Anderson v. State I. Introduction In Kimberly R. Anderson v. State of Indiana, Case No. 25S-CR-294...
Erecting a New Hospital as “Construction of a Health Care Facility” Under West Virginia’s Certificate-of-Need Law: Commentary on St. Joseph’s Hospital of Buckhannon, Inc. v. Stonewall Jackson...
“In Exchange For” and Expungement Eligibility under West Virginia Code § 61‑11‑25(a): A Commentary on Justice Trump’s Dissent in In re: Petition of D.K. for Expungement of Record I. Introduction This...
Mandatory Consideration of Youth at De Novo Resentencing: Commentary on State v. Ellis (Wash. 2025) I. Introduction The Washington Supreme Court’s decision in State v. Ellis, No. 102378-2 (Nov. 13,...
No Inherent Power to Reconsider: Indiana Supreme Court Bars Boards of Zoning Appeals from Revoking Final Decisions Absent Statutory Authority I. Introduction In Monroe County Board of Zoning Appeals...
Reaffirming the “Intimate Knowledge” Standard: Technical Reviewer Testimony and the Confrontation Clause After Smith v. Arizona Commentary on Jeffrey Dale Busby v. State of Mississippi, Miss. Sup....