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  • Commentaries
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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

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...
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

Date: Aug 25, 2025
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation I. Introduction Case: Carl Williams v....
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

Date: Aug 25, 2025
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act 1. Introduction In Fire Protection Service, Inc. v. Survitec Survival Products, Inc., No....
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Date: Aug 25, 2025
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025) 1. Introduction Chad Lewis Lanier, a retired deputy sheriff for Wise...
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

Date: Aug 25, 2025
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025) Introduction United States v. Clark, decided on 21 August 2025...
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Date: Aug 25, 2025
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025) 1. Introduction United States...
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Date: Aug 25, 2025
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025) I. Introduction The Tenth Circuit’s...
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

Date: Aug 25, 2025
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman Introduction In United States v. Cline, Nos. 24-1119 & 24-1137 (10th...

    “Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for
    Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

Date: Aug 25, 2025
“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Comprehensive Commentary on United States v. Hotaling 1. Introduction The Second Circuit’s...
Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine

Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine

Date: Aug 25, 2025
Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine Introduction In Brenda Hairston v. Community Hospital Holding Company, LLC, the United States...
Hold-Over Tenancies and Extinct Conditions Precedent: Kessler v. City of Key West and the Takings Clause

Hold-Over Tenancies and Extinct Conditions Precedent: Kessler v. City of Key West and the Takings Clause

Date: Aug 25, 2025
Hold-Over Tenancies and Extinct Conditions Precedent: What Kessler v. City of Key West Teaches About Property Interests under the Takings Clause Introduction Stuart and Pamela Kessler, longtime...
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...
Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Date: Aug 25, 2025
Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290 Introduction On 21 August 2025 the Supreme Court of Nevada delivered AZG Limited Partnership v....
“Individualized Waiver” under NRCP 41(e)(2)(B):  Paul v. District Court (Holms)

“Individualized Waiver” under NRCP 41(e)(2)(B): Paul v. District Court (Holms)

Date: Aug 25, 2025
“Individualized Waiver” under NRCP 41(e)(2)(B): The Supreme Court of Nevada Clarifies that a Five-Year Dismissal Waiver Binds Only the Consenting Parties Introduction Case: Paul v. Second Judicial...
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Date: Aug 25, 2025
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471 1. Introduction In State v. District Court (Bankhead), 141 Nev., Adv. Op....
E.A.K.M. v. M.A.M.: Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B)

E.A.K.M. v. M.A.M.: Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B)

Date: Aug 25, 2025
E.A.K.M. v. M.A.M. (2025-Ohio-2946): Guardian-Ad-Litem Fee Orders Are Not Immediately Appealable Under R.C. 2505.02(B) I. Introduction The Supreme Court of Ohio has clarified a recurring procedural...
“Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions” – Comment on Golub v. Werren (2025-Ohio-2950)

“Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions” – Comment on Golub v. Werren (2025-Ohio-2950)

Date: Aug 25, 2025
Probate Courts Retain Exclusive Jurisdiction Over Estate Counsel Fees Despite Parallel Civil Actions – A Detailed Commentary on Golub v. Werren (2025-Ohio-2950) I. Introduction In Golub v. Werren,...
The “Reasonably-Calculated Address” Rule: Hunt v. Alderman and the Due-Process Overlay on Ohio Civ.R. 4.1

The “Reasonably-Calculated Address” Rule: Hunt v. Alderman and the Due-Process Overlay on Ohio Civ.R. 4.1

Date: Aug 25, 2025
The “Reasonably-Calculated Address” Rule: Hunt v. Alderman (2025-Ohio-2944) Introduction Hunt v. Alderman, Slip Opinion No. 2025-Ohio-2944, is the Supreme Court of Ohio’s latest pronouncement on the...
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