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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

State v. Logan: Domestic Violence Relationship Evidence as Inextricably Intertwined and Armed Home Entry as Forfeiture of Self‑Defense

State v. Logan: Domestic Violence Relationship Evidence as Inextricably Intertwined and Armed Home Entry as Forfeiture of Self‑Defense

Date: Dec 21, 2025
State v. Logan: Domestic Violence Relationship Evidence as Inextricably Intertwined and Armed Home Entry as Forfeiture of Self‑Defense Introduction The Nebraska Supreme Court’s decision in State v....
State v. Molina: Plain Error in DUI Enhancement and the Limits of the Invited Error Doctrine

State v. Molina: Plain Error in DUI Enhancement and the Limits of the Invited Error Doctrine

Date: Dec 21, 2025
State v. Molina: Plain Error in DUI Enhancement and the Limits of the Invited Error Doctrine I. Introduction In State v. Molina, 320 Neb. 544 (Dec. 19, 2025), the Nebraska Supreme Court vacated a...
Registration Is Not Consent: Iowa Supreme Court Rejects General Personal Jurisdiction Based on Foreign Corporation Registration

Registration Is Not Consent: Iowa Supreme Court Rejects General Personal Jurisdiction Based on Foreign Corporation Registration

Date: Dec 21, 2025
Registration Is Not Consent: Iowa Supreme Court Rejects General Personal Jurisdiction Based on Foreign Corporation Registration I. Introduction The Iowa Supreme Court’s decision in Harley Kelchner v....
No Preemption by Refusal: Incidental Interference and State-Ordered Drainage Culverts Under the ICC Termination Act

No Preemption by Refusal: Incidental Interference and State-Ordered Drainage Culverts Under the ICC Termination Act

Date: Dec 21, 2025
No Preemption by Refusal: Incidental Interference and State-Ordered Drainage Culverts Under the ICC Termination Act I. Introduction In Iowa Northern Railway Company v. Floyd County Board of...
Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Hogan v Wayne County

Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Hogan v Wayne County

Date: Dec 21, 2025
Mandatory PLRA Dismissal Does Not Require Prejudice: Commentary on Nakyrra Hogan v Wayne County I. Introduction The Michigan Supreme Court’s order in Nakyrra Hogan v Wayne County, 167262 (Dec. 19,...
People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual”

People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual”

Date: Dec 21, 2025
People v. Kardasz: Michigan Supreme Court Holds 2021 SORA Is Punishment But Not “Cruel or Unusual” Court: Michigan Supreme Court Case: People of the State of Michigan v. Robert James Kardasz, No....
Prospective Application and Constitutionality of Florida’s 8–4 Jury Death Recommendation Statute: Commentary on Michael James Jackson v. State of Florida

Prospective Application and Constitutionality of Florida’s 8–4 Jury Death Recommendation Statute: Commentary on Michael James Jackson v. State of Florida

Date: Dec 21, 2025
Prospective Application and Constitutionality of Florida’s 8–4 Jury Death Recommendation Statute: Commentary on Michael James Jackson v. State of Florida I. Introduction The Florida Supreme Court’s...
Revocation Courts Cannot Expand Original Sentences by Making Them Consecutive to Later-Imposed Terms: Commentary on M. LaForge v. D. Godfrey (Mont. 2025)

Revocation Courts Cannot Expand Original Sentences by Making Them Consecutive to Later-Imposed Terms: Commentary on M. LaForge v. D. Godfrey (Mont. 2025)

Date: Dec 21, 2025
Revocation Courts Cannot Expand Original Sentences by Making Them Consecutive to Later-Imposed Terms: Commentary on M. LaForge v. D. Godfrey (Mont. 2025) 1. Introduction This commentary analyzes the...
State v. Frandsen: Idaho Supreme Court Refines Juror Impartiality, Victim Text Evidence, and Forensic Interviewer Testimony

State v. Frandsen: Idaho Supreme Court Refines Juror Impartiality, Victim Text Evidence, and Forensic Interviewer Testimony

Date: Dec 21, 2025
State v. Frandsen: Idaho Supreme Court Refines Juror Impartiality, Victim Text Evidence, and Forensic Interviewer Testimony I. Introduction In State v. Frandsen, Docket No. 50878 (Idaho Dec. 19,...
Clear and Convincing Evidence and Reasonable Visibility: Alaska Refines Easement by Estoppel and Prescriptive Easement Doctrine in Koponen v. Romanov

Clear and Convincing Evidence and Reasonable Visibility: Alaska Refines Easement by Estoppel and Prescriptive Easement Doctrine in Koponen v. Romanov

Date: Dec 21, 2025
Clear and Convincing Evidence and Reasonable Visibility: Alaska Refines Easement by Estoppel and Prescriptive Easement Doctrine in Koponen v. Romanov I. Introduction The Alaska Supreme Court’s...
Limited Safe Harbor Under Ala. Code § 34‑3‑62 and Unilateral Post‑Settlement Fee Increases: Commentary on Blevins v. Alabama State Bar

Limited Safe Harbor Under Ala. Code § 34‑3‑62 and Unilateral Post‑Settlement Fee Increases: Commentary on Blevins v. Alabama State Bar

Date: Dec 21, 2025
Limited Safe Harbor Under Ala. Code § 34‑3‑62 and Unilateral Post‑Settlement Fee Increases: Commentary on Blevins v. Alabama State Bar I. Introduction The Supreme Court of Alabama’s decision in Jerry...
Dendy v. Ryan: Clean Hands as a Bar to the Relative‑Hardship Defense in Restrictive Covenant Enforcement

Dendy v. Ryan: Clean Hands as a Bar to the Relative‑Hardship Defense in Restrictive Covenant Enforcement

Date: Dec 21, 2025
Dendy v. Ryan: Clean Hands as a Bar to the Relative‑Hardship Defense in Restrictive Covenant Enforcement I. Introduction In Dendy v. Ryan, decided on December 19, 2025, the Supreme Court of Alabama...
Laborde v. Citizens Bank, N.A.: Limiting the First‑Breach Doctrine and Clarifying Pleading Standards in Alabama Foreclosure Litigation

Laborde v. Citizens Bank, N.A.: Limiting the First‑Breach Doctrine and Clarifying Pleading Standards in Alabama Foreclosure Litigation

Date: Dec 21, 2025
Laborde v. Citizens Bank, N.A.: Limiting the First‑Breach Doctrine and Clarifying Pleading Standards in Alabama Foreclosure Litigation I. Introduction In Laborde v. Citizens Bank, N.A., decided on...
United States v. Harris: Probable Cause from Lane-Change Violations and Marijuana Odor in the Post-Hemp Era

United States v. Harris: Probable Cause from Lane-Change Violations and Marijuana Odor in the Post-Hemp Era

Date: Dec 21, 2025
United States v. Harris: Probable Cause from Lane-Change Violations and Marijuana Odor in the Post-Hemp Era I. Introduction In United States v. Michael Harris, No. 24-5944 (6th Cir. Dec. 19, 2025)...
Finality, FSIA Immunity, and the One‑Year Bar: American Telecom Co., L.L.C. v. Republic of Lebanon (6th Cir. 2025)

Finality, FSIA Immunity, and the One‑Year Bar: American Telecom Co., L.L.C. v. Republic of Lebanon (6th Cir. 2025)

Date: Dec 21, 2025
Finality, FSIA Immunity, and the One‑Year Bar: American Telecom Co., L.L.C. v. Republic of Lebanon (6th Cir. 2025) I. Introduction This unpublished decision of the United States Court of Appeals for...
Digital Forensics Experts, Rule 16 Disclosures, and Rule 414 Evidence from Unallocated Space: Commentary on United States v. Eby (6th Cir. 2025)

Digital Forensics Experts, Rule 16 Disclosures, and Rule 414 Evidence from Unallocated Space: Commentary on United States v. Eby (6th Cir. 2025)

Date: Dec 21, 2025
Digital Forensics Experts, Rule 16 Disclosures, and Rule 414 Evidence from Unallocated Space: Commentary on United States v. Eby (6th Cir. 2025) I. Introduction In United States v. Richard Eby, No....
Safety-Based Termination After Workplace Firearm and Suicide Threat: ADA and KCRA Analysis in Huelett v. Louisville Paving Co.

Safety-Based Termination After Workplace Firearm and Suicide Threat: ADA and KCRA Analysis in Huelett v. Louisville Paving Co.

Date: Dec 21, 2025
Safety-Based Termination After Workplace Firearm and Suicide Threat: ADA and KCRA Analysis in Deryck Huelett v. Louisville Paving Co. I. Introduction The Sixth Circuit’s unpublished decision in...
Immediate Awards of SSI Benefits After Agency Confession of Error: Commentary on Hicks v. Commissioner of Social Security (6th Cir. 2025)

Immediate Awards of SSI Benefits After Agency Confession of Error: Commentary on Hicks v. Commissioner of Social Security (6th Cir. 2025)

Date: Dec 21, 2025
Immediate Awards of SSI Benefits After Agency Confession of Error: Commentary on Hicks v. Commissioner of Social Security (6th Cir. Dec. 19, 2025) Note: The opinion commented on here is designated...
United States v. Barnes: Limits on Withdrawing Guilty Pleas for Alleged Plea‑Stage Ineffective Assistance and Deference to Sentencing Findings

United States v. Barnes: Limits on Withdrawing Guilty Pleas for Alleged Plea‑Stage Ineffective Assistance and Deference to Sentencing Findings

Date: Dec 21, 2025
United States v. Barnes: Limits on Withdrawing Guilty Pleas for Alleged Plea‑Stage Ineffective Assistance and Deference to Sentencing Findings I. Introduction The Sixth Circuit’s unpublished decision...
Disclosing Research Misconduct Findings Is Not a Constitutional Due Process Violation: Commentary on Pichiorri v. Burghes

Disclosing Research Misconduct Findings Is Not a Constitutional Due Process Violation: Commentary on Pichiorri v. Burghes

Date: Dec 21, 2025
Disclosing Research Misconduct Findings Is Not a Constitutional Due Process Violation: Commentary on Pichiorri v. Burghes I. Introduction This Sixth Circuit opinion, recommended for publication, sits...
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