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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

Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act: Commentary on R.L. v. Holland Central School District

Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act: Commentary on R.L. v. Holland Central School District

Date: Dec 27, 2025
Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act Commentary on R.L. v. Holland Central School District, 2025 NY Slip Op 07178...
Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025)

Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025)

Date: Dec 27, 2025
Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025) 1. Introduction The Fourth Department’s decision in People v. Williams, 2025 NY...
Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025)

Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025)

Date: Dec 27, 2025
Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025) I. Introduction The Fourth Department’s decision in People v. Ogden, 2025 NY Slip Op 07153...
Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab

Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab

Date: Dec 27, 2025
Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab I....
Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault

Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault

Date: Dec 27, 2025
Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault I. Introduction Wade v. County of Monroe, 2025 NY Slip Op 07138 (4th...

        Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract Claims:
        Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC

Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract Claims: Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC

Date: Dec 27, 2025
Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract: A Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC I. Introduction The Appellate Division, Fourth...
Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims

Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims

Date: Dec 27, 2025
Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims I. Introduction In People v Freeman, 2025 NY Slip Op 07125 (4th Dept Dec. 23, 2025), the...
People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas

People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas

Date: Dec 27, 2025
People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas I. Introduction The Appellate Division, Fourth Department’s decision in People v Jacobs,...
State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches

State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches

Date: Dec 27, 2025
State v. Douglas: Limiting Minnesota’s Good‑Faith Exception for Marijuana‑Odor Vehicle Searches I. Introduction In State of Minnesota v. Raenard Romalle Douglas, A24‑0385 (Minn. Dec. 24, 2025), the...
Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota

Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota

Date: Dec 27, 2025
Proportionality and Unemployment Fraud Penalties: Thigpen v. Best Home Care LLC and the Scope of the Excessive Fines Clause in Minnesota Case: Christopher Thigpen v. Best Home Care LLC, Department of...
Evidentiary Rigor and Neutral Professional Input in Parenting Plan Restrictions: Commentary on Parenting of A.C.P.S. (Mont. 2025 MT 297N)

Evidentiary Rigor and Neutral Professional Input in Parenting Plan Restrictions: Commentary on Parenting of A.C.P.S. (Mont. 2025 MT 297N)

Date: Dec 27, 2025
Evidentiary Rigor and Neutral Professional Input in Parenting Plan Restrictions: Commentary on Parenting of A.C.P.S. (2025 MT 297N) I. Introduction The Montana Supreme Court’s memorandum opinion in...
Public Trust, Prosecutorial Status, and Personal Dishonesty: The 60‑Day Suspension of County Attorney Naomi R. Leisz

Public Trust, Prosecutorial Status, and Personal Dishonesty: The 60‑Day Suspension of County Attorney Naomi R. Leisz

Date: Dec 27, 2025
Public Trust, Prosecutorial Status, and Personal Dishonesty: The 60‑Day Suspension of County Attorney Naomi R. Leisz I. Introduction The Montana Supreme Court’s December 23, 2025 Order of Discipline...
Kapps v. State: Reaffirming Strong Strickland Deference Despite Counsel’s Disbarment and Credibility-Opinion Cross-Examination

Kapps v. State: Reaffirming Strong Strickland Deference Despite Counsel’s Disbarment and Credibility-Opinion Cross-Examination

Date: Dec 27, 2025
Kapps v. State: Reaffirming Strong Strickland Deference Despite Counsel’s Disbarment and Credibility-Opinion Cross-Examination I. Introduction In Kapps v. State, 2025 MT 295, the Supreme Court of...
Noland v. State and the Montana PSC: Standing, LLC Injury, and Pre‑Enforcement Facial Challenges to Economic Regulation

Noland v. State and the Montana PSC: Standing, LLC Injury, and Pre‑Enforcement Facial Challenges to Economic Regulation

Date: Dec 27, 2025
Noland v. State and the Montana PSC: Standing, LLC Injury, and Pre‑Enforcement Facial Challenges to Economic Regulation I. Introduction Noland v. State, 2025 MT 294, is a significant Montana Supreme...
Strategic Waiver, Plain Error, and Juror Bias in Montana:
    Commentary on State v. Soapes, 2025 MT 296

Strategic Waiver, Plain Error, and Juror Bias in Montana: Commentary on State v. Soapes, 2025 MT 296

Date: Dec 27, 2025
Strategic Waiver, Plain Error, and Juror Bias in Montana: Commentary on State v. Soapes, 2025 MT 296 I. Introduction In State v. Soapes, 2025 MT 296, the Montana Supreme Court affirmed the conviction...

    Deferential Appellate Review of Restitution Findings in Nonprecedential Memorandum Decisions:
    Commentary on State v. O’Connell (2025 MT 298N)

Deferential Appellate Review of Restitution Findings in Nonprecedential Memorandum Decisions: Commentary on State v. O’Connell (2025 MT 298N)

Date: Dec 27, 2025
Deferential Appellate Review of Restitution Findings in Nonprecedential Memorandum Decisions: Commentary on State v. O’Connell, 2025 MT 298N I. Introduction State v. O’Connell, 2025 MT 298N (DA...
Monson v. Monson: Independent TEDRA Actions and Party Joinder in Idaho Estate Disputes

Monson v. Monson: Independent TEDRA Actions and Party Joinder in Idaho Estate Disputes

Date: Dec 26, 2025
Monson v. Monson: Independent TEDRA Actions and Party Joinder in Idaho Estate Disputes I. Introduction Monson v. Monson, No. 51838-2024 (Idaho Dec. 23, 2025), is a significant Idaho Supreme Court...
Settlor Intent, Charitable Beneficiaries, and Limits on Trustee Removal under Guam Law: Commentary on 2025 Guam 12 (Hemlani v. Melwani)

Settlor Intent, Charitable Beneficiaries, and Limits on Trustee Removal under Guam Law: Commentary on 2025 Guam 12 (Hemlani v. Melwani)

Date: Dec 26, 2025
Settlor Intent, Charitable Beneficiaries, and Limits on Trustee Removal under Guam Law: Commentary on Kamlesh K. Hemlani v. Manu & Anita Melwani, 2025 Guam 12 I. Introduction The Supreme Court of...
Wood v. State (Del. 2025): Indictment Mis-Citation, Continuous Sexual Abuse, and the Limits of “Illegal Sentence” under Rule 35(a)

Wood v. State (Del. 2025): Indictment Mis-Citation, Continuous Sexual Abuse, and the Limits of “Illegal Sentence” under Rule 35(a)

Date: Dec 26, 2025
Wood v. State (Del. 2025): Indictment Mis-Citation, Continuous Sexual Abuse, and the Limits of “Illegal Sentence” under Rule 35(a) I. Introduction In Wood v. State, No. 518, 2024 (Del. Dec. 22,...
United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations

United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations

Date: Dec 26, 2025
United States v. Mora: Upholding Upward Variances in Illegal-Reentry Sentencing Based on Repeated Immigration and Criminal Violations I. Introduction In United States v. Mora, No. 25-5030 (10th Cir....
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