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  • Commentaries
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state Case Commentaries

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants – Comment on State v. A.M.W. (Wash. 2025)

Date: Aug 19, 2025
Procedural Supremacy & Dual-Test Harmonisation in Juvenile Bench Warrants Commentary on State v. A.M.W., 200 Wn.2d ___ (Aug. 14 2025) 1. Introduction The Supreme Court of Washington’s decision in...
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct

Date: Aug 19, 2025
From Forgery to 30-Month Suspension: The Wisconsin Rule on Repeated Will-Witness Fraud Absent Broader Misconduct Introduction In Office of Lawyer Regulation v. John P. Buran, 2025 WI 40, the...
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct

Date: Aug 19, 2025
Progressive Discipline Re-Calibrated: Wisconsin Supreme Court Authorises Mid-Range (18-Month) Suspensions for Recidivist Attorney Misconduct Introduction The decision in Office of Lawyer Regulation...
Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Date: Aug 19, 2025
Cowan v. Exclusive Resorts PBL1, LLC Supreme Court of Hawaiʻi, Opinion filed 14 August 2025 “Contract-Specific Fee Clauses Defeat Statutory Fees in Assumpsit” 1. Introduction Cowan v. Exclusive...
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

Date: Aug 19, 2025
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms People v. Alvarez, Supreme Court of California (Aug. 18, 2025) Introduction People v. Alvarez is a capital case arising...
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Date: Aug 19, 2025
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant Introduction In People v. Cannon (Cal. Aug. 18, 2025), the...
“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

“Prevailing-On-The-Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. Alaska DNR

Date: Aug 18, 2025
“Prevailing On The Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. State of Alaska, Department of Natural Resources 1. Introduction The Alaska Supreme...
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA – Commentary on J.A. (Father) v. Native Village of Tanana (Alaska 2025)

Date: Aug 18, 2025
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA Commentary on J.A. (Father) v. Native Village of Tanana Supreme Court of Alaska (No. 2099, 13...
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement

Date: Aug 18, 2025
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement Introduction In Fairbanks v. Fox, No. 2100 (Alaska...
Reserved Easements and the “Notice-to-Exercise” Rule: Commentary on Bruce H. Clark & Elaine Sullivan v. Bryce & Alisha Fuller, 2025 WY 92

Reserved Easements and the “Notice-to-Exercise” Rule: Commentary on Bruce H. Clark & Elaine Sullivan v. Bryce & Alisha Fuller, 2025 WY 92

Date: Aug 18, 2025
Reserved Easements and the “Notice-to-Exercise” Rule Supreme Court of Wyoming clarifies that a plat’s reservation clause does not ripen into an easement unless the grantor affirmatively notifies the...
Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Comment on Dee Conger v. AVR Homeowner’s Association, Inc. (2025 WY 91)

Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Comment on Dee Conger v. AVR Homeowner’s Association, Inc. (2025 WY 91)

Date: Aug 18, 2025
Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Structured Commentary on Dee Conger, Trustee v. AVR Homeowner’s Association, Inc., 2025 WY 91 (Wyo. Sup. Ct. Aug. 13,...
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219

Date: Aug 18, 2025
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219 1. Introduction On 13 August 2025 the Supreme Court of Pennsylvania issued an order entitled...
State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

State v. Evans (2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants

Date: Aug 18, 2025
State v. Evans (Supreme Court of Connecticut, 2025): Clarifying “More-Than-Minimal Familiarity” for Lay Identifications and Defining Reasonable Temporal Limits on CSLI Warrants Introduction In State...
“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

“From Familiar Faces to Fleeting Glimpses” — State v. Evans (2025) and the New, Broadened Standard for Lay-Witness Identifications from Surveillance Images

Date: Aug 18, 2025
“From Familiar Faces to Fleeting Glimpses”: State v. Evans (Conn. 2025) Expands the Admissibility of Lay-Witness Identifications from Surveillance Media 1. Introduction State v. Evans is a murder...
State v. Myers (2025):  Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

State v. Myers (2025): Re-Drawing the Line Between Evidentiary and Constitutional Error in Third-Party Culpability Cases

Date: Aug 18, 2025
State v. Myers (Conn. 2025): Clarifying When the Exclusion of Third-Party Culpability Evidence is Merely Evidentiary, Not Constitutional Introduction State v. Myers, officially released on 12 August...
Constitutionally Entrenched Quo Warranto: The Texas Supreme Court in Paxton v. Annunciation House

Constitutionally Entrenched Quo Warranto: The Texas Supreme Court in Paxton v. Annunciation House

Date: Aug 16, 2025
Constitutionally Entrenched Quo Warranto: The Texas Supreme Court in Paxton v. Annunciation House I. Introduction This commentary analyzes the Texas Supreme Court’s decision in Warren Kenneth Paxton,...
Constitutionalizing Quo Warranto: Texas Attorney General’s Expanded Authority to Target Corporate Misconduct in Paxton v. Annunciation House

Constitutionalizing Quo Warranto: Texas Attorney General’s Expanded Authority to Target Corporate Misconduct in Paxton v. Annunciation House

Date: Aug 16, 2025
Constitutionalizing Quo Warranto: Texas Attorney General’s Expanded Authority to Target Corporate Misconduct in Paxton v. Annunciation House I. Introduction The Supreme Court of Texas’s decision in...
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Date: Aug 16, 2025
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025) Introduction The Nebraska Supreme Court’s decision in Kimball v....
The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

The Kovac Default Doctrine: When Serial Misconduct and Procedural Default Mandate Revocation in Wisconsin Attorney Discipline

Date: Aug 16, 2025
The Kovac Default Doctrine: Serial Misconduct + Procedural Default = Mandatory Revocation in Wisconsin Introduction Office of Lawyer Regulation v. Peter J. Kovac, 2025 WI 41 is the latest and most...
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption

Date: Aug 15, 2025
“Beyond the Furrow”: Ohio Supreme Court Holds that Items Used in Intermediate Farming Steps Qualify for the R.C. 5739.02(B)(42)(n) Sales/Use-Tax Exemption 1. Introduction In Claugus Family Farm, L.P....
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