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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

Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. UMMS (4th Cir. 2025)

Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. UMMS (4th Cir. 2025)

Date: Dec 14, 2025
Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. University of Maryland Medical System Corp. (4th Cir. 2025) I. Introduction This unpublished Fourth...
No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson

No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson

Date: Dec 14, 2025
No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson I. Introduction In State v. Danielson (consolidated with State v. Nelson),...
Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo (2025 MP 12)

Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo (2025 MP 12)

Date: Dec 14, 2025
Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo, 2025 MP 12 I. Introduction The Supreme Court of the Commonwealth of the...

      Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s
      Expansion of § 924(c) Liability in United States v. McHenry

Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry

Date: Dec 14, 2025
Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry I. Introduction A. Overview In United States v. McHenry, No....
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Date: Dec 14, 2025
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025) I. Introduction The Tenth...
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

Date: Dec 14, 2025
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act I. Introduction The Tenth Circuit’s unpublished order in United States v....
Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Date: Dec 14, 2025
Prospective Defunding, Not Punishment: Planned Parenthood Federation of America, Inc. v. Kennedy and the Limits of Bill of Attainder and Unconstitutional‑Conditions Challenges 1. Introduction The...
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Date: Dec 14, 2025
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy I. Introduction In Planned Parenthood Federation...
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Date: Dec 14, 2025
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly I. Introduction The First Circuit’s decision in Garrey v. Kelly, No. 21‑1197 (1st Cir. Dec. 12, 2025), sits...
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Date: Dec 14, 2025
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025) I. Introduction...

    Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida:
    Commentary on Linda Loumpos v. Bank One

Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One

Date: Dec 14, 2025
Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One I. Introduction This commentary examines the Florida Supreme Court’s...
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

Date: Dec 14, 2025
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas I. Introduction In State v. Volle, No. 127,745 (Kan. Dec. 12, 2025), the...

      State v. McCray: Excluding Third-Party Liability Theories from Out-of-State
      Conviction Comparability Under the Kansas Sentencing Guidelines

State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines

Date: Dec 14, 2025
State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines I. Introduction In State v. McCray, No. 125,798 (Kan. Dec....
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Date: Dec 14, 2025
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State, 2025 Ark. 213 I. Introduction The Supreme Court of Arkansas’s decision...
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Date: Dec 14, 2025
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210 I. Introduction The Arkansas...
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Date: Dec 14, 2025
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause I. Introduction The Arkansas Supreme Court’s decision...
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Date: Dec 14, 2025
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act Introduction In Erika Lara, Katie Parrish, and Nikita Glendenning v. Gwen...
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Date: Dec 14, 2025
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas I. Introduction In Arkansas Department of Education v. Faulkenberry, 2025 Ark. 203...
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Date: Dec 14, 2025
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State, 2025 Ark. 202 I. Introduction In Lazarus Reaves v. State of Arkansas, 2025 Ark. 202,...
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Date: Dec 14, 2025
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post‑Conviction Hearing Act I. Introduction The Oregon Supreme Court’s decision in Perkins v. Fhuere, 374 Or 575 (2025),...
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