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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

Requiring a Specific Proffer of Foregone Testimony to Prove Prejudice in Ineffective Assistance Claims: Commentary on Morgan C. Vandergriff v. Searls

Requiring a Specific Proffer of Foregone Testimony to Prove Prejudice in Ineffective Assistance Claims: Commentary on Morgan C. Vandergriff v. Searls

Date: Nov 30, 2025
Requiring a Specific Proffer of Foregone Testimony to Prove Prejudice in Ineffective Assistance Claims: Commentary on Morgan C. Vandergriff v. Shelby Searls I. Introduction This memorandum decision...
State v. Jarrell: Reaffirming West Virginia Courts’ Authority to Impose Extended Probation Terms for Misdemeanors

State v. Jarrell: Reaffirming West Virginia Courts’ Authority to Impose Extended Probation Terms for Misdemeanors

Date: Nov 30, 2025
State v. Jarrell: Reaffirming West Virginia Courts’ Authority to Impose Extended Probation Terms for Misdemeanors I. Introduction In State of West Virginia v. Jason Colt Jarrell, No. 23-582 (Nov. 25,...
Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson

Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson

Date: Nov 30, 2025
Reaffirming the Non‑Reviewability of Statutorily Compliant Sentences and Appellate Briefing Standards: Commentary on State v. Dustin Scott Gibson I. Introduction The memorandum decision in State of...
Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. Cook

Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. Cook

Date: Nov 30, 2025
Reaffirming the Evidentiary Burden for Defense Jury Instructions and Limited Sentencing Review in Sex Offender Registration Cases: Commentary on State v. West Virginia v. Christopher T. Cook I....
Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes

Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes

Date: Nov 30, 2025
Reaffirming Separate Sexual Assault Counts and Deference to Jury Credibility Findings: Commentary on State v. Eanes I. Introduction In State of West Virginia v. Ronald Eanes, No. 23-512 (Nov. 25,...
State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide

State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide

Date: Nov 30, 2025
State v. Wodzinski: Circumstantial Proof and Inconsistent Codefendant Verdicts in “Knowingly Allowing” Child Abuse Homicide Introduction The Supreme Court of Appeals of West Virginia’s memorandum...
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Date: Nov 30, 2025
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc. I. Introduction The United States Court of Appeals for the Second Circuit’s...
No Per Se Discovery Right to Witness-Protection Expenditures under Rule 16 and Brady: Commentary on Dana Gallop v. State of Rhode Island

No Per Se Discovery Right to Witness-Protection Expenditures under Rule 16 and Brady: Commentary on Dana Gallop v. State of Rhode Island

Date: Nov 30, 2025
No Per Se Discovery Right to Witness‑Protection Expenditures under Rule 16 and Brady: Commentary on Dana Gallop v. State of Rhode Island I. Introduction The Rhode Island Supreme Court’s opinion in...
Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data

Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data

Date: Nov 30, 2025
Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data I. Introduction In Voter Reference Foundation, LLC v. Torrez, Nos. 24‑2133 &...
When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025)

When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025)

Date: Nov 30, 2025
When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025) I. Introduction In Oliva‑Oliva v. Bondi, No. 25‑9511 (10th Cir. Nov....
Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases

Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases

Date: Nov 30, 2025
Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases I. Introduction The Tenth Circuit’s order and judgment in...
De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche

De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche

Date: Nov 30, 2025
De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche I. Introduction The Tenth Circuit’s unpublished order and judgment in Jones v. City of...
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Date: Nov 29, 2025
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable A Comprehensive Commentary on Jensen v. Rhode Island Cannabis Control Commission,...
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

Date: Nov 29, 2025
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz I. Introduction In United States v. Medina‑Ortiz, No. 24‑1233 (1st Cir. Nov. 24, 2025), the...
Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Date: Nov 29, 2025
Nunez v. Commissioner of Social Security: Substantial Evidence and Residual Functional Capacity for Attendance and Time Off Task in Mental Health Disability Claims I. Introduction In Nunez v....
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Date: Nov 29, 2025
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation I. Introduction In Ziparo v. CSX Transportation, Inc., No....
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Date: Nov 29, 2025
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025) I. Introduction The Second Circuit’s decision in B.G.S. v. Bondi, No. 23‑6862 (2d Cir. Nov. 24,...
State v. Clemensen: Expansive Construction of Elder Theft by Exploitation for POA Misuse and Encumbrance of Trust Property

State v. Clemensen: Expansive Construction of Elder Theft by Exploitation for POA Misuse and Encumbrance of Trust Property

Date: Nov 29, 2025
State v. Clemensen: Expansive Construction of Elder Theft by Exploitation for POA Misuse and Encumbrance of Trust Property Introduction In State v. Clemensen, 2025 S.D. 68, the Supreme Court of South...
Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges

Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges

Date: Nov 29, 2025
Balancing Weighted Caseload Metrics and Secondary Factors: Florida Supreme Court’s 2026–27 Certification of Judicial Need for Additional Judges Case: In re: Certification of Need for Additional...
Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Fojo

Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Fojo

Date: Nov 29, 2025
Resignation Elsewhere, Disbarment Here: Reciprocal Discipline and Presumptive Disbarment for Intentional Misappropriation in The Florida Bar v. Robert Michael Fojo I. Introduction The Supreme Court...
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