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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

Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Date: Nov 29, 2025
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions I. Introduction In Matter of First United Methodist Church in Flushing v....
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Date: Nov 29, 2025
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard I. Introduction The Seventh Circuit’s decision in Jane F. Girard v....
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

Date: Nov 29, 2025
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing I. Introduction In United States v. Donald R. Felton, No. 23‑1352 (7th Cir....
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

Date: Nov 29, 2025
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes I. Introduction In United States v. James A. Cohen, No. 25‑1746...
Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Date: Nov 29, 2025
Professional Judgment, Unknown Risks, and Prison Medical Care: A Commentary on Sawyer v. Kottemann (7th Cir. 2025) Note: This commentary is for informational and educational purposes only and does...
Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Date: Nov 29, 2025
Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation I. Introduction The Eleventh...
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Date: Nov 29, 2025
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils I. Introduction The Eleventh Circuit’s published decision in United States v....
Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45

Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45

Date: Nov 29, 2025
Barbier v. Burns: Dual Amendment Pathways in LLC Operating Agreements and Limits on Hybrid Witness Compensation under Montana Rule 45 I. Introduction Barbier v. Burns, 2025 MT ___, is a significant...
No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

Date: Nov 29, 2025
No Parental Standing to Assert a Child’s Ineffective-Assistance Claim in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272 (Mont.) I. Introduction The Montana Supreme Court’s...
No Parental Standing to Challenge Child’s Counsel in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

No Parental Standing to Challenge Child’s Counsel in Termination Proceedings: Commentary on Matter of C.M.B., 2025 MT 272

Date: Nov 29, 2025
No Parental Standing to Challenge a Child’s Counsel in Termination Proceedings: A Commentary on Matter of C.M.B., 2025 MT 272 I. Introduction In Matter of C.M.B., 2025 MT 272, the Montana Supreme...
Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders: Commentary on Waddell v. Studer, 2025 MT 269

Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders: Commentary on Waddell v. Studer, 2025 MT 269

Date: Nov 29, 2025
Mandatory Good‑Faith View Consideration in HOA Covenants and Merger of Preliminary Injunction Orders Commentary on Waddell v. Studer, 2025 MT 269 (Mont. Sup. Ct.) Court: Supreme Court of Montana...
Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications — Commentary on In re Parenting of A.M.B.-B., 2025 MT 270

Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications — Commentary on In re Parenting of A.M.B.-B., 2025 MT 270

Date: Nov 29, 2025
Parental Rehabilitation as a “Change in Circumstances” and the Mandatory Hearing Requirement in Montana Parenting Plan Modifications Commentary on In re the Parenting of A.M.B.-B., 2025 MT 270 (Mont....
Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes (2025 MT 273N)

Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes (2025 MT 273N)

Date: Nov 29, 2025
Reaffirming Privilege for Parole-Related Communications in Montana Defamation Law: Commentary on Sliwinski v. Rhodes, 2025 MT 273N I. Introduction In Sliwinski v. Rhodes, 2025 MT 273N (DA 25-0385),...
State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel”

State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel”

Date: Nov 29, 2025
State v. Knight: Idaho’s Reaffirmation of the Binary Choice Between Counsel and Self‑Representation and the Limits of “Shadow Counsel” I. Introduction In State v. Knight, Docket No. 52929 (Idaho Nov....
State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation

State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation

Date: Nov 29, 2025
State v. Robertson and the Constitutional Limits of Treatment-Court Waivers in Probation Revocation I. Introduction In State v. Robertson, 52794 (Idaho Nov. 24, 2025), the Idaho Supreme Court...
Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits

Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits

Date: Nov 29, 2025
Coronado v. City of Boise: Exclusive Employee Control Over Applications for Hearings on Workers’ Compensation Benefits I. Introduction In Coronado v. City of Boise, the Idaho Supreme Court issued a...
Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Date: Nov 29, 2025
Reaffirming Implied and Voluntary Consent to Warrantless Home Searches: Commentary on United States v. Brooks (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C.

Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C.

Date: Nov 29, 2025
Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C. I. Introduction This Alaska Supreme Court...
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law

Date: Nov 29, 2025
State v. Alvarez‑Soto: Arizona Rejects Independent Appellate Review of Video Evidence and Upholds Traffic Stops Based on Objectively Reasonable Mistakes of Law I. Introduction The Arizona Supreme...
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine

Date: Nov 29, 2025
Non‑Signatories and Forum‑Selection Clauses in Arizona: Henderson v. Moskowitz/Sullivan Rejects the Closely Related Party Doctrine I. Introduction In Henderson v. Hon. Moskowitz / Sullivan, No....
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