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  • Commentaries
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state Case Commentaries

Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies

Date: Aug 26, 2025
Howell v. Cooper: The North Carolina Supreme Court Broadens Direct State-Constitutional Remedies for Economic Restrictions in Public Emergencies Introduction In Howell v. Cooper (22 Aug 2025) the...

        “Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: 
        The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: The Twin Doctrines Reaffirmed in In re E.H. & R.H. (N.C. 2025)

Date: Aug 26, 2025
“Unexplained Severe Abuse = Predictive Neglect” & “No Sua Sponte Review”: A Comprehensive Commentary on In re E.H. & R.H., Supreme Court of North Carolina (2025) 1. Introduction The Supreme Court of...
No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

No-Inducement Standard for North Carolina Referral-Sales Claims – A Commentary on Jackson v. Home Depot U.S.A., Inc.

Date: Aug 26, 2025
No-Inducement Standard for North Carolina Referral-Sales Claims Jackson v. Home Depot U.S.A., Inc. (N.C. 2025) I. Introduction Jackson v. Home Depot U.S.A., Inc. is the North Carolina Supreme Court’s...
“Situational-Awareness” and Contributory Negligence:  The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (N.C. 2025)

Date: Aug 26, 2025
“Situational-Awareness” and Contributory Negligence: The Precedential Reach of Moseley v. Hendricks (Supreme Court of North Carolina, 2025) 1. Introduction Moseley v. Hendricks is a sharply divided...
From “Rational” to “Reasonable”:  N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

From “Rational” to “Reasonable”: N.C. Bar & Tavern Ass’n v. Stein and the New Fruits-of-Labor Scrutiny in North Carolina

Date: Aug 26, 2025
From “Rational” to “Reasonable”: N.C. Bar & Tavern Association v. Stein (2025) and the Re-Tooling of Fruits-of-Labor Doctrine Introduction In N.C. Bar and Tavern Association v. Stein, the Supreme...
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges – Commentary on N.C. Dep’t of Revenue v. Philip Morris USA, Inc. (N.C. 2025)

Date: Aug 26, 2025
Administrative Agencies Barred from Deciding As-Applied Constitutional Tax Challenges: A Full Commentary on N.C. Department of Revenue v. Philip Morris USA, Inc., Supreme Court of North Carolina...
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation”

Date: Aug 26, 2025
“Good-Bye, Chevron: The Supreme Court of North Carolina Re-Establishes Pure De Novo Review in Savage v. N.C. Department of Transportation” 1. Introduction Savage v. N.C. Dep’t of Transportation, No....
Household-Pet or Livestock? –  Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Household-Pet or Livestock? – Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes

Date: Aug 26, 2025
Household-Pet or Livestock? Schroeder v. Oak Grove Farm HOA and the Re-Entrenchment of the Jury as Arbiter of Fact in Restrictive-Covenant Disputes 1. Introduction In Schroeder v. Oak Grove Farm...
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches

Date: Aug 26, 2025
State v. Wright: Deference to Trial-Court Findings and the “Change-of-Mind” Rule in Voluntary-Consent Searches Introduction In State v. Wright, No. 258PA23 (N.C. Aug. 22, 2025), the Supreme Court of...
Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Revesting Title and Judicial Power to Undo Private-Purpose Takings – A Commentary on Town of Apex v. Rubin (N.C. 2025)

Date: Aug 26, 2025
Revesting Title and Judicial Power to Undo Private-Purpose Takings A Comprehensive Commentary on Town of Apex v. Rubin, Supreme Court of North Carolina (2025) 1. Introduction Town of Apex v. Rubin is...
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking – Comment on Town of Apex v. Rubin

Date: Aug 26, 2025
Reversionary Title & Mandatory Injunctions After an Unconstitutional Taking A Comprehensive Commentary on Town of Apex v. Rubin, 385 N.C. ___ (2025) 1. Introduction In Town of Apex v. Rubin, the...
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Date: Aug 25, 2025
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General Introduction Case: Commonwealth v. Torres (2025 MP...
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) 1. Introduction The...
“No-Offset” Rule for Significantly Excessive Earnings:  Supreme Court of Ohio Clarifies R.C. 4928.143(F)

“No-Offset” Rule for Significantly Excessive Earnings: Supreme Court of Ohio Clarifies R.C. 4928.143(F)

Date: Aug 25, 2025
“No-Offset” Rule for Significantly Excessive Earnings In re Application of Dayton Power & Light Co. (2025-Ohio-2953) Introduction The Supreme Court of Ohio, in In re Application of Dayton Power &...
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Date: Aug 25, 2025
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases Commentary on Kash B. (Father) v. State of Alaska, Department of Family and Community Services, Office of Children’s...
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: 
            Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

Date: Aug 25, 2025
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Nebraska Supreme Court Clarifies Party Concessions in D&M Roofing & Siding v. Distribution, Inc. (319 Neb. 707) 1....
Mandamus as the Tool to Correct PILOT Fund Misallocations:  The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Date: Aug 25, 2025
Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04 Introduction In State ex rel. Douglas Cty. Sch....
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) A Comprehensive Commentary on State ex rel....
Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors – A Commentary on Katya Hutton v. Michael & J. Christopher Dykes (2025 WY 94)

Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors – A Commentary on Katya Hutton v. Michael & J. Christopher Dykes (2025 WY 94)

Date: Aug 25, 2025
Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors Commentary on Katya Hutton v. Michael L. Dykes & J. Christopher Dykes, Co-PRs of the...
Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants

Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants

Date: Aug 25, 2025
Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants 1. Introduction In Acosta (Xavier) v. State, 141 Nev., Adv. Op. 40 (2025), the Nevada Supreme Court...
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