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  • Commentaries
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state Case Commentaries


    Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025)

Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025)

Date: Dec 14, 2025
Double Counting Future Business Income in Divorce: When a Business Buyout and Earning Capacity Eliminate the Need for Traditional Spousal Support — In re Marriage of Owen & Brinker (Iowa 2025) I....
Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus

Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus

Date: Dec 14, 2025
Iowa Rule 1.413 Sanctions Cannot Include Dismissal: Commentary on In re the Marriage of Matthew Kraus and Molly Kraus I. Introduction The Iowa Supreme Court’s decision in In re the Marriage of...
No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson

No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson

Date: Dec 14, 2025
No Equal Protection Right to Reimbursement for Community‑Service LFO Payments After Blake: Commentary on State v. Danielson I. Introduction In State v. Danielson (consolidated with State v. Nelson),...
Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo (2025 MP 12)

Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo (2025 MP 12)

Date: Dec 14, 2025
Presumption of Timeliness and the “Extraordinary Circumstances” Limit on Laches in CNMI Land Cases: Commentary on Shon v. Choo, 2025 MP 12 I. Introduction The Supreme Court of the Commonwealth of the...
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025)

Date: Dec 14, 2025
Procedural Finality and Categorical Exemptions in Florida Capital Cases: Commentary on Frank A. Walls v. State of Florida & Walls v. Secretary, Department of Corrections (Fla. 2025) I. Introduction...

    Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida:
    Commentary on Linda Loumpos v. Bank One

Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One

Date: Dec 14, 2025
Statutory Presumption of Tenancy by the Entireties for Spousal Bank Accounts in Florida: Commentary on Linda Loumpos v. Bank One I. Introduction This commentary examines the Florida Supreme Court’s...
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

Date: Dec 14, 2025
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas I. Introduction In State v. Volle, No. 127,745 (Kan. Dec. 12, 2025), the...

      State v. McCray: Excluding Third-Party Liability Theories from Out-of-State
      Conviction Comparability Under the Kansas Sentencing Guidelines

State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines

Date: Dec 14, 2025
State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines I. Introduction In State v. McCray, No. 125,798 (Kan. Dec....
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State

Date: Dec 14, 2025
Clarifying Sufficiency Review and Immediate Post‑Invocation Interrogation in Arkansas: Commentary on Reggie Matthews v. State, 2025 Ark. 213 I. Introduction The Supreme Court of Arkansas’s decision...
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210

Date: Dec 14, 2025
Rehabilitative Use of Child Forensic Interviews and the Limits of Arkansas’s Tender-Years Hearsay Exception: Commentary on Minor Child v. State of Arkansas, 2025 Ark. 210 I. Introduction The Arkansas...
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause

Date: Dec 14, 2025
Legislative Power over Voter‑Initiated Constitutional Amendments in Arkansas: Overruling Edgmon and Recasting Amendment 98’s Germaneness Clause I. Introduction The Arkansas Supreme Court’s decision...
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act

Date: Dec 14, 2025
Program Beneficiaries’ Right to Intervene: Arkansas Supreme Court Expands Rule 24(a)(2) in Challenges to the LEARNS Act Introduction In Erika Lara, Katie Parrish, and Nikita Glendenning v. Gwen...
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas – Commentary on Arkansas Dep’t of Education v. Faulkenberry, 2025 Ark. 203

Date: Dec 14, 2025
Substance Over Caption: Illegal‑Exaction Suits Against the State and the Limits of Sovereign Immunity in Arkansas I. Introduction In Arkansas Department of Education v. Faulkenberry, 2025 Ark. 203...
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State

Date: Dec 14, 2025
Premeditation and a Single Gunshot: Clarifying Capital Murder in Arkansas – Commentary on Lazarus Reaves v. State, 2025 Ark. 202 I. Introduction In Lazarus Reaves v. State of Arkansas, 2025 Ark. 202,...
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post-Conviction Hearing Act

Date: Dec 14, 2025
Perkins v. Fhuere and the Limits of Actual Innocence Claims Under Oregon’s Post‑Conviction Hearing Act I. Introduction The Oregon Supreme Court’s decision in Perkins v. Fhuere, 374 Or 575 (2025),...
Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025)

Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025)

Date: Dec 14, 2025
Ordinary Negligence and Medical Professionals’ Liability to Nonpatients: Commentary on Stone v. Witt, 374 Or 524 (2025) I. Introduction In Stone v. Witt, 374 Or 524 (2025), the Oregon Supreme Court...
Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center

Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center

Date: Dec 14, 2025
Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center I. Introduction The Appellate Division, Third Department’s...
Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent

Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent

Date: Dec 14, 2025
Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent I. Introduction The Appellate Division, Third Department’s decision...
Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey (2025)

Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey (2025)

Date: Dec 14, 2025
Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey, 2025 NY Slip Op 06945 (3d Dept) I. Introduction This commentary analyzes the Appellate...
“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County DSS v. McDonald

“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County DSS v. McDonald

Date: Dec 14, 2025
“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County Dept. of Social Servs. v. McDonald I. Introduction The Appellate...
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