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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

Vicarious Firearm Possession and Murder Cross‑References Under U.S.S.G. § 2K2.1(c): A Commentary on United States v. Taylor (7th Cir. 2025)

Vicarious Firearm Possession and Murder Cross‑References Under U.S.S.G. § 2K2.1(c): A Commentary on United States v. Taylor (7th Cir. 2025)

Date: Dec 4, 2025
Vicarious Firearm Possession and Murder Cross‑References Under U.S.S.G. § 2K2.1(c): A Comprehensive Commentary on United States v. Taylor (7th Cir. 2025) I. Introduction United States v. Taylor, No....
Circumstantial Corroboration of Prior Inconsistent Statements in Child Sex Offense Cases: Commentary on State v. French, 2025 MT 280

Circumstantial Corroboration of Prior Inconsistent Statements in Child Sex Offense Cases: Commentary on State v. French, 2025 MT 280

Date: Dec 4, 2025
Circumstantial Corroboration of Prior Inconsistent Statements in Child Sex Offense Cases: Commentary on State v. French, 2025 MT 280 I. Introduction In State v. French, 2025 MT 280, the Montana...
Medicaid Estate Recovery Beyond Probate Deadlines: Independent Heir Actions Under § 53‑6‑167(2), MCA – Commentary on DPHHS v. Johnson

Medicaid Estate Recovery Beyond Probate Deadlines: Independent Heir Actions Under § 53‑6‑167(2), MCA – Commentary on DPHHS v. Johnson

Date: Dec 4, 2025
Medicaid Estate Recovery Beyond Probate Deadlines: Independent Heir Actions Under § 53‑6‑167(2), MCA I. Introduction The Montana Supreme Court’s decision in Montana Department of Public Health and...
Concrete, Imminent Harm and the SAMS Safety Threshold: The Montana Supreme Court Raises the Bar for Youth-in-Need-of-Care Adjudications in Matter of J.D.

Concrete, Imminent Harm and the SAMS Safety Threshold: The Montana Supreme Court Raises the Bar for Youth-in-Need-of-Care Adjudications in Matter of J.D.

Date: Dec 4, 2025
Concrete, Imminent Harm and the SAMS Safety Threshold: The Montana Supreme Court Raises the Bar for Youth-in-Need-of-Care Adjudications in Matter of J.D. I. Introduction In Matter of J.D., 2025 MT...
Time-Limited Contractual Rights to Post-Divorce Pet Custody and the Appealability of Contempt Orders in Montana: Commentary on In re Marriage of Burgard & Jacobsen

Time-Limited Contractual Rights to Post-Divorce Pet Custody and the Appealability of Contempt Orders in Montana: Commentary on In re Marriage of Burgard & Jacobsen

Date: Dec 4, 2025
Time-Limited Contractual Rights to Post-Divorce Pet Custody and the Appealability of Contempt Orders in Montana: Commentary on In re Marriage of Burgard & Jacobsen I. Introduction The Montana Supreme...
State v. Davisson: No Automatic Reversal for Erroneous “Knowingly” Instructions in SIWOC Prosecutions

State v. Davisson: No Automatic Reversal for Erroneous “Knowingly” Instructions in SIWOC Prosecutions

Date: Dec 4, 2025
State v. Davisson: No Automatic Reversal for Erroneous “Knowingly” Instructions in SIWOC Prosecutions I. Introduction In State v. J. Davisson, 2025 MT 275, the Supreme Court of Montana confronted a...
State v. Carlin and the Reaffirmation of Montana’s Standards on Substitution of Counsel After a Guilty Plea

State v. Carlin and the Reaffirmation of Montana’s Standards on Substitution of Counsel After a Guilty Plea

Date: Dec 4, 2025
State v. Carlin and the Reaffirmation of Montana’s Standards on Substitution of Counsel After a Guilty Plea I. Introduction The decision in State v. Kristoffer Charles Carlin, 2025 MT 278N (DA...
Collateral Estoppel from Federal § 2255 Proceedings to State Legal Malpractice Actions: Commentary on M. Benton v. S. Babcock (2025 MT 277)

Collateral Estoppel from Federal § 2255 Proceedings to State Legal Malpractice Actions: Commentary on M. Benton v. S. Babcock (2025 MT 277)

Date: Dec 4, 2025
Collateral Estoppel from Federal § 2255 Proceedings to State Legal Malpractice Actions: Commentary on M. Benton v. S. Babcock, 2025 MT 277 I. Introduction In M. Benton v. S. Babcock, 2025 MT 277, the...
From “Good Government” to Concrete Harm: Wyoming Supreme Court Reaffirms Limits on Declaratory and Taxpayer Standing in Williams v. Board of County Commissioners

From “Good Government” to Concrete Harm: Wyoming Supreme Court Reaffirms Limits on Declaratory and Taxpayer Standing in Williams v. Board of County Commissioners

Date: Dec 4, 2025
From “Good Government” to Concrete Harm: Wyoming Supreme Court Reaffirms Limits on Declaratory and Taxpayer Standing in Williams v. Board of County Commissioners I. Introduction In Christopher...
Best Interests, Not Equal Time: No Constitutional Right to 50/50 Parenting Between Fit Parents in Wyoming – Commentary on Peter Augustus Smith v. Justine Delores Smith, 2025 WY 128

Best Interests, Not Equal Time: No Constitutional Right to 50/50 Parenting Between Fit Parents in Wyoming – Commentary on Peter Augustus Smith v. Justine Delores Smith, 2025 WY 128

Date: Dec 4, 2025
Best Interests, Not Equal Time: No Constitutional Right to 50/50 Parenting Between Fit Parents in Wyoming I. Introduction The Wyoming Supreme Court’s decision in Peter Augustus Smith v. Justine...
Production vs. Transportation in Wyoming Oil & Gas Taxation: Commentary on Wyoming Department of Revenue v. PacifiCorp & Merit Energy Co.

Production vs. Transportation in Wyoming Oil & Gas Taxation: Commentary on Wyoming Department of Revenue v. PacifiCorp & Merit Energy Co.

Date: Dec 4, 2025
Production vs. Transportation in Wyoming Oil & Gas Taxation: Commentary on Wyoming Department of Revenue v. PacifiCorp & Merit Energy Company, LLC, 2025 WY 126 I. Introduction The Wyoming Supreme...
Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025)

Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025)

Date: Dec 4, 2025
Competency to Stand Trial, Minimal On‑Record Findings, and Reliance on Psychiatric Reports: Commentary on Chun‑Castro v. State (Del. 2025) 1. Introduction The Delaware Supreme Court’s decision in...
ICWA “Active Efforts,” Reasonable Time To Remedy, And Permanency For Young Indian Children: Commentary On Jada M. v. State of Alaska (Memorandum Opinion)

ICWA “Active Efforts,” Reasonable Time To Remedy, And Permanency For Young Indian Children: Commentary On Jada M. v. State of Alaska (Memorandum Opinion)

Date: Dec 4, 2025
ICWA “Active Efforts,” Reasonable Time To Remedy, And Permanency For Young Indian Children: Commentary On Jada M. v. State of Alaska Note: This is a commentary on an Alaska Supreme Court memorandum...
United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release

United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release

Date: Dec 4, 2025
United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release I. Introduction In United States v. Borrero, No. 24-942...
Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America

Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America

Date: Dec 4, 2025
Substantial Evidence and Social Media Activity Under ERISA’s Arbitrary-and-Capricious Standard: Commentary on Eggleston v. Unum Life Insurance Co. of America I. Introduction This commentary examines...
Ancestral Grants, Ejectment, and Pleading Standards: Commentary on Brown v. Israel (11th Cir. 2025)

Ancestral Grants, Ejectment, and Pleading Standards: Commentary on Brown v. Israel (11th Cir. 2025)

Date: Dec 4, 2025
Ancestral Land Grants Are Not Enough: The Eleventh Circuit’s Application of Georgia Ejectment Law and Federal Pleading Standards in Brown v. Israel I. Introduction This commentary analyzes the...
United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi

United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi

Date: Dec 4, 2025
United States v. Morrissette: Reaffirming the Constitutionality of 18 U.S.C. § 922(g)(1) After Heller, Bruen, and Rahimi I. Introduction United States v. Morrissette, No. 24-10353 (11th Cir. Dec. 3,...
Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment: Commentary on Teresa Boyd v. U.S. Postmaster General

Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment: Commentary on Teresa Boyd v. U.S. Postmaster General

Date: Dec 4, 2025
Specific Accommodation Requests and Evidence of “Taint” in Federal‑Sector Employment Commentary on Teresa Boyd v. U.S. Postmaster General (11th Cir. Dec. 3, 2025) I. Introduction The Eleventh...
AEDPA Deference and the Narrow Reach of Cronic: Commentary on Singh v. Secretary, Department of Corrections

AEDPA Deference and the Narrow Reach of Cronic: Commentary on Singh v. Secretary, Department of Corrections

Date: Dec 4, 2025
AEDPA Deference and the Narrow Reach of Cronic: Commentary on Kenard Singh v. Secretary, Department of Corrections I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished per...
Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc.

Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc.

Date: Dec 4, 2025
Pleading Federal Claims and Waiving Removal Defects: Commentary on Sean Murphy v. Brixworth Homeowners Ass’n, Inc. I. Introduction The Sixth Circuit’s unpublished opinion in Sean Murphy v. Brixworth...
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