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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

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Date: Dec 6, 2025
Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures I. Introduction In Morgan v. Ygrene Energy Fund, Inc. (Cal. Supreme Ct. Dec....
Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Date: Dec 6, 2025
Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Michael J. Gableman and the Limits of “Appearance of Bias” in Wisconsin I. Introduction This commentary analyzes the December...
Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins

Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins

Date: Dec 6, 2025
Misrepresentation Without Intent: Fully Stayed Two‑Year Suspension for Systemic Appointed‑Counsel Billing Errors in Disciplinary Counsel v. Collins I. Introduction The Supreme Court of Ohio’s...
Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill

Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill

Date: Dec 6, 2025
Escalating Sanctions for Repeat Client-Trust-Account Misconduct: Commentary on Disciplinary Counsel v. Gill, 2025-Ohio-5392 I. Introduction The Supreme Court of Ohio’s decision in Disciplinary...
State v. Jones and the “Probability of Error” Standard under App.R. 5(C)

State v. Jones and the “Probability of Error” Standard under App.R. 5(C)

Date: Dec 6, 2025
State v. Jones and the “Probability of Error” Standard under App.R. 5(C) I. Introduction In State v. Jones, 2025-Ohio-5389, the Supreme Court of Ohio clarified the meaning and operation of App.R....
Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Date: Dec 6, 2025
Abbott v. League of United Latin American Citizens (Abbott v. LULAC): Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases I....
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Date: Dec 6, 2025
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber) I. Introduction The Sixth Circuit’s...
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Date: Dec 6, 2025
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: Ramsey v. Rivard (Gaertner) and the Boundaries of Absolute Immunity I. Introduction This commentary examines the Sixth Circuit’s...
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Date: Dec 6, 2025
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025) I. Introduction The Sixth Circuit’s...
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

Date: Dec 6, 2025
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms I. Introduction In United States v. Gene Curtis Roper, No. 24-5834 (6th Cir. Dec. 4, 2025), the...
Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence

Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence

Date: Dec 6, 2025
Exigent Circumstances at Active Fire Scenes: New Jersey Supreme Court Endorses Totality-of-Circumstances Test for Warrantless Seizure of Evidence I. Introduction State v. Paul J. Caneiro, A-1-25...
MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings

MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings

Date: Dec 6, 2025
MidFirst Bank v. Young: Mortgagors’ Lack of Standing to Challenge Mortgage Assignments and Limits on Restricting Access to Court Audio Recordings I. Introduction The North Dakota Supreme Court’s...

    State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1
    in Serious-Injury and Fatal DUI Crash Investigations

State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1 in Serious-Injury and Fatal DUI Crash Investigations

Date: Dec 6, 2025
State v. Bell and the Unified Application of N.D.C.C. §§ 39‑20‑01 and 39‑20‑01.1 in Serious-Injury and Fatal DUI Crash Investigations I. Introduction State v. Bell, 2025 ND 201, is a significant...
State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1)

State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1)

Date: Dec 6, 2025
State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1) Introduction In State v. Martinez, 2025 ND 204, the North Dakota Supreme Court addressed an increasingly...
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Date: Dec 6, 2025
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore, 2025 IL 131564 I. Introduction The Illinois Supreme Court’s decision in People v. Seymore,...
Intent, Specificity, and Executive Sessions: The Washington Supreme Court Tightens Recall Standards for Alleged OPMA Violations in In re Recall of Olsen

Intent, Specificity, and Executive Sessions: The Washington Supreme Court Tightens Recall Standards for Alleged OPMA Violations in In re Recall of Olsen

Date: Dec 6, 2025
Intent, Specificity, and Executive Sessions: The Washington Supreme Court Tightens Recall Standards for Alleged OPMA Violations in In re Recall of Olsen I. Introduction The Washington Supreme Court’s...
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Date: Dec 6, 2025
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction Commentary on United States v. Walcott, No. 25‑1024 (10th Cir. Dec. 4, 2025) I. Introduction...
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Date: Dec 6, 2025
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman I. Introduction This commentary examines the Tenth Circuit’s...
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

Date: Dec 6, 2025
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail” I. Introduction In United States v. Ross, No. 24‑1421‑cv (2d...
Distinguishing Knowledge of a Lawsuit from Notice of Citation: The Texas Supreme Court Recalibrates Craddock in Default Divorce Cases

Distinguishing Knowledge of a Lawsuit from Notice of Citation: The Texas Supreme Court Recalibrates Craddock in Default Divorce Cases

Date: Dec 6, 2025
Distinguishing Knowledge of a Lawsuit from Notice of Citation: The Texas Supreme Court Recalibrates Craddock in Default Divorce Cases I. Introduction The Supreme Court of Texas’s per curiam opinion...
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