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  • Commentaries
  • Judgments

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

Emergency-Aid Warrantless Home Entry and Probable Cause in Domestic-Violence Responses; Indigency Standard for Taxing Costs

Emergency-Aid Warrantless Home Entry and Probable Cause in Domestic-Violence Responses; Indigency Standard for Taxing Costs

Date: Jan 2, 2026
Emergency-Aid Warrantless Home Entry and Probable Cause in Domestic-Violence Responses; Indigency Standard for Taxing Costs Case: Antron Cannon v. Walker Filip, et al. Court: United States Court of...
State v. L. Lord (2025 MT 302) Commentary

State v. L. Lord (2025 MT 302) Commentary

Date: Jan 2, 2026
“Proper Occasion” Limits on Accomplice-Distrust Instructions: No Instruction Where It Conflicts With an Innocence Defense, and Dropped Charges Don’t Create an Accomplice “As a Matter of Law” Case:...
Proulx v. Saveway Market, Inc. — Contextual Construction of Commission Findings and Deference to Medical-Weighing in Cervical-Spine Causation Claims

Proulx v. Saveway Market, Inc. — Contextual Construction of Commission Findings and Deference to Medical-Weighing in Cervical-Spine Causation Claims

Date: Jan 2, 2026
Contextual Construction of Commission Findings and Deference to Medical-Weighing in Cervical-Spine Causation Claims Case: Proulx v. Saveway Market, Inc. Court: Supreme Court of Idaho Date: December...
Rule 613(b) Sequencing Flexibility and No Sua Sponte Limiting-Instruction Plain Error: Reid v. State (Del. 2025)

Rule 613(b) Sequencing Flexibility and No Sua Sponte Limiting-Instruction Plain Error: Reid v. State (Del. 2025)

Date: Jan 2, 2026
Rule 613(b) Sequencing Flexibility and No Sua Sponte Limiting-Instruction Plain Error: Reid v. State (Del. 2025) Court: Supreme Court of Delaware (en banc) | Date: December 30, 2025 | Disposition:...
State v. Williams (374 Or 648) — “Physical Force” in ORS 164.395 Requires Harm-Causing or Fear-Inducing Contact, Not Mere Snatching

State v. Williams (374 Or 648) — “Physical Force” in ORS 164.395 Requires Harm-Causing or Fear-Inducing Contact, Not Mere Snatching

Date: Jan 2, 2026
“Physical Force” in Oregon Third-Degree Robbery Requires Harm-Causing or Fear-Inducing Contact—A Fast, Nonthreatening Snatch Is Not Robbery Case: State v. Williams, 374 Or 648 (Or 2025) (DeHoog, J.)...
Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200

Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200

Date: Jan 2, 2026
Implied “DUI Clearance” Show-of-Authority Is a Fourth Amendment Seizure, Yet a Corroborated 911 Tip Can Sustain Reasonable Suspicion; Trespass Instructions Cannot Rewrite NRS 207.200 1. Introduction...
Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials

Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials

Date: Jan 2, 2026
Inconclusive DNA as “Complete Story” Evidence and Limits on Expert-Witness Application to Facts in Child Lewdness Trials 1. Introduction In VAZQUEZ-HINOJOSA (LEONEL) v. STATE (CRIMINAL) (Nev. Dec....
“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery

“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery

Date: Jan 2, 2026
“May Be Held Liable Under Any Workers’ Compensation Law” Excludes Coverage for Work-Related Employee Injuries Regardless of Actual Workers’ Compensation Recovery 1. Introduction Jimale v. State,...
RPC 3.4(c) Reaches Verbal Court Orders—but Discipline Requires a Clear Order and Clear Proof of “Knowing” Disobedience

RPC 3.4(c) Reaches Verbal Court Orders—but Discipline Requires a Clear Order and Clear Proof of “Knowing” Disobedience

Date: Jan 1, 2026
RPC 3.4(c) Reaches Verbal Court Orders—but Discipline Requires a Clear Order and Clear Proof of “Knowing” Disobedience I. Introduction In re Clark, 374 Or 683 (2025), is an Oregon attorney-discipline...
Post-Separation Income of a Marital Business Remains Marital; Dissipation May Be Recaptured; Late Corroborative “Rebuttal” Evidence May Be Excluded

Post-Separation Income of a Marital Business Remains Marital; Dissipation May Be Recaptured; Late Corroborative “Rebuttal” Evidence May Be Excluded

Date: Jan 1, 2026
Post-Separation Income of a Marital Business Remains Marital; Dissipation May Be Recaptured; Late Corroborative “Rebuttal” Evidence May Be Excluded Case: Festus K. Jibade v. Olukemi A. Ogunniyi...
Bruen and Rahimi Do Not Abrogate Eleventh Circuit Precedent Upholding 18 U.S.C. § 922(g)(1) (Rozier Controls)

Bruen and Rahimi Do Not Abrogate Eleventh Circuit Precedent Upholding 18 U.S.C. § 922(g)(1) (Rozier Controls)

Date: Jan 1, 2026
Bruen and Rahimi Do Not Abrogate Eleventh Circuit Precedent Upholding 18 U.S.C. § 922(g)(1) (Rozier Controls) Introduction In United States v. Brady Castro (11th Cir. Dec. 31, 2025) (unpublished),...
Automobiles as Per Se Instrumentalities of Interstate Commerce for § 1201(a) Kidnapping Jurisdiction (Even When Used Intrastate)

Automobiles as Per Se Instrumentalities of Interstate Commerce for § 1201(a) Kidnapping Jurisdiction (Even When Used Intrastate)

Date: Jan 1, 2026
Automobiles as Per Se Instrumentalities of Interstate Commerce for § 1201(a) Kidnapping Jurisdiction (Even When Used Intrastate) I. Introduction In United States v. Derick Irisha Brown (11th Cir....
USERRA “Employer” Includes Entities with Shared Control Over Employment Opportunities (Not Just Payor or Direct Supervisor)

USERRA “Employer” Includes Entities with Shared Control Over Employment Opportunities (Not Just Payor or Direct Supervisor)

Date: Jan 1, 2026
USERRA “Employer” Includes Entities with Shared Control Over Employment Opportunities (Not Just Payor or Direct Supervisor) 1. Introduction In United States v. State of Kansas Department of Health &...
Constructive Notice Jury Question for Defective Store Fixtures When Evidence Suggests Ongoing Disrepair

Constructive Notice Jury Question for Defective Store Fixtures When Evidence Suggests Ongoing Disrepair

Date: Jan 1, 2026
Constructive Notice Jury Question for Defective Store Fixtures When Evidence Suggests Ongoing Disrepair Case: Helon Dollar v. Walmart Stores East LP (11th Cir. Dec. 30, 2025) (unpublished) Posture:...
Staged Automobile Collisions Trigger the § 2B1.1(b)(16)(A) “Inherent Risk” Enhancement; Upward Variances May Rest on Underrepresented Criminal History and Uncharged Sophistication

Staged Automobile Collisions Trigger the § 2B1.1(b)(16)(A) “Inherent Risk” Enhancement; Upward Variances May Rest on Underrepresented Criminal History and Uncharged Sophistication

Date: Jan 1, 2026
Staged Automobile Collisions Trigger the § 2B1.1(b)(16)(A) “Inherent Risk” Enhancement; Upward Variances May Rest on Underrepresented Criminal History and Uncharged Sophistication I. Introduction...
Exacting Scrutiny “With Teeth” for Donor-Disclosure: Dissent Argues General-Fund Disclosure in New Mexico’s CRA Is Not Narrowly Tailored

Exacting Scrutiny “With Teeth” for Donor-Disclosure: Dissent Argues General-Fund Disclosure in New Mexico’s CRA Is Not Narrowly Tailored

Date: Jan 1, 2026
Exacting Scrutiny “With Teeth” for Donor-Disclosure: Dissent Argues General-Fund Disclosure in New Mexico’s CRA Is Not Narrowly Tailored Case: Rio Grande Foundation v. Oliver (10th Cir. Dec. 30,...
Protective Vehicle Sweeps After Civil Traffic Stops: Reasonable Suspicion from Gang Indicators, Rival-Territory Context, and Anticipated Return to the Car

Protective Vehicle Sweeps After Civil Traffic Stops: Reasonable Suspicion from Gang Indicators, Rival-Territory Context, and Anticipated Return to the Car

Date: Jan 1, 2026
Protective Vehicle Sweeps After Civil Traffic Stops: Reasonable Suspicion from Gang Indicators, Rival-Territory Context, and Anticipated Return to the Car 1. Introduction In United States v. Raban...
Recall Reimbursement Is Not “Property Damage” Under a Product-Liability Indemnity Clause (South Carolina Contract Interpretation)

Recall Reimbursement Is Not “Property Damage” Under a Product-Liability Indemnity Clause (South Carolina Contract Interpretation)

Date: Jan 1, 2026
Recall Reimbursement Is Not “Property Damage” Under a Product-Liability Indemnity Clause (South Carolina Contract Interpretation) Introduction In Metaldyne Powertrain Components Inc. v. Sansera...
Competent Business-Records Declarations Can Prove Online Arbitration Assent Without Discovery Absent a Genuine Factual Dispute

Competent Business-Records Declarations Can Prove Online Arbitration Assent Without Discovery Absent a Genuine Factual Dispute

Date: Jan 1, 2026
Competent Business-Records Declarations Can Prove Online Arbitration Assent Without Discovery Absent a Genuine Factual Dispute I. Introduction In Cody Simensky v. Experian Information Solutions, Inc....
Woode v. Bondi (10th Cir. 2025): Colorado “Erotic Nudity” Overbreadth Defeats Categorical Aggravated-Felony Child-Pornography Match

Woode v. Bondi (10th Cir. 2025): Colorado “Erotic Nudity” Overbreadth Defeats Categorical Aggravated-Felony Child-Pornography Match

Date: Jan 1, 2026
Colorado “Erotic Nudity” Overbreadth Defeats Categorical Aggravated-Felony Child-Pornography Match (8 U.S.C. § 1101(a)(43)(I)) 1. Introduction In Woode v. Bondi (10th Cir. Dec. 30, 2025), a pro se...
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