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

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Date: Sep 8, 2025

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify Introduction This commentary analyzes the Third...

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Date: Sep 8, 2025

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release Case: United States v. Osorio-Avelar, No. 24-20393 (5th Cir. Sept. 2, 2025)...

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Date: Sep 8, 2025

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld...

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Date: Sep 8, 2025

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support” Introduction This published decision from the...

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Date: Sep 8, 2025

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause Commentary on Justyna Jensen v. Maryland Cannabis...

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Date: Sep 8, 2025

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes Introduction This commentary analyzes...

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”

Date: Sep 6, 2025

Clarifying § 1103(a)(9) and Rule 26.1(c) in Delaware TPR Appeals: Medical Examiner Evidence Can Establish “Unexplained Death or Serious Injury,” and Documentation Gaps Sustain “Failure to Plan”...

Ohio Supreme Court mandates facility‑specific “rate for direct care costs” drives 60% allocation to nursing‑home quality pool under R.C. 5165.26(E)

Date: Sep 4, 2025

Facility‑Specific “Rate for Direct Care Costs,” Not Group “Price,” Controls the 60% Quality‑Pool Allocation: A Textualist Course Correction in Medicaid Nursing‑Home Payments Case Overview Decision:...

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Date: Sep 4, 2025

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test Case: Bartel v. Middlestead, 2025 MT 195 (Mont. Sept. 2, 2025) Court: Supreme Court...

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

Date: Sep 4, 2025

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Date: Sep 4, 2025

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Date: Sep 4, 2025

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Date: Sep 4, 2025

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N) Introduction This...

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Date: Sep 4, 2025

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025)

Date: Sep 4, 2025

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025) Introduction State v. McFarland is a landmark decision of the...

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco

Date: Sep 4, 2025

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco Introduction In State v. McFarland (Conn. Sept. 2, 2025),...

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims

Date: Sep 4, 2025

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims Introduction In State v. McFarland (Second Concurrence), Supreme Court of Connecticut (Sept. 2,...

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland

Date: Sep 4, 2025

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland Introduction In State v. McFarland (Supreme Court of Connecticut,...

Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Date: Sep 4, 2025

“Equity Aids the Vigilant”: Cotenants May Defend Absent Cotenants Against Adverse Possession, and Laches Bars a Century-Old Land Court Claim Introduction In a published opinion with far-reaching...

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant

Date: Sep 4, 2025

Comparable-Sales Over Speculation: Eleventh Circuit Affirms 40% Penalty Where Tax Court’s Independent Valuation Makes Zoning and §6103 Disputes Irrelevant Introduction In Buckelew Farm, LLC (f.k.a....

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