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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...
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Date: Dec 14, 2025
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery I. Introduction This Third Department decision in...
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Date: Dec 14, 2025
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R., 2025 NY Slip Op 06938 (3d Dept) I. Introduction This commentary...
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Date: Dec 13, 2025
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber, 2025 NY Slip Op 06935 I. Introduction Matter of Estate of Ingber is a significant Surrogate’s...
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

Date: Dec 13, 2025
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4) I. Introduction In People v. Greene, 2025 NY Slip Op 06931 (3d Dept Dec. 11,...
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Date: Dec 13, 2025
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole I. Introduction The Appellate Division, Third Department’s decision...

      Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Date: Dec 13, 2025
Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: An In-Depth Commentary on People v. Gomez, 2025 NY Slip Op 06929 (3d Dept) I....
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Date: Dec 13, 2025
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk I. Introduction The Appellate Division, Third Department’s decision...
Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education

Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education

Date: Dec 13, 2025
Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education I. Introduction In James Paul Rogers v. Western...
Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025)

Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025)

Date: Dec 13, 2025
Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025) I. Introduction This commentary analyzes the Seventh Circuit’s nonprecedential...
Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades

Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades

Date: Dec 13, 2025
Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades I. Introduction The Eleventh Circuit’s published decision in United States...
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