Legal Commentary

Explore insightful analyses and expert opinions on current legal issues in our Legal Commentary section. Here, visitors will find in-depth articles, video interviews, and discussions that unpack complex legal topics, trends, and landmark cases. Stay informed and enhance your understanding of the law with our authoritative resources tailored for attorneys, legal professionals, and those seeking clarity on legal matters.

281 posts

How long do you have to file a medical malpractice lawsuit?

December 31, 2024 • By Jack Gilbert

Most states require filing a medical malpractice lawsuit within 1–3 years, though some allow up to 4–6 years in limited cases. The deadline often runs from the injury date or when the harm was discovered, with special rules for minors and fraud. This article explains common timelines, exceptions, and how to determine your state’s exact […]

Child Custody and Protection Consumer Protection

What Legal Strategies Are Being Employed to Address Child Poverty?

December 31, 2024 • By Jack Gilbert

U.S. legal strategies to address child poverty target the nearly 14% of children living below the poverty threshold in 2023 through legislation, tax credits, and benefit access reforms. These approaches include the Child Poverty Reduction Act, expanded child tax benefits, strengthened SNAP/Medicaid enrollment, and housing and education protections. This article reviews key legislative, policy, and […]

Employee Rights Labor/Employment/Pension

Workers Comp Filing: Ensuring Your Rights and Benefits

December 31, 2024 • By Jack Gilbert

Most states require workers to report a job injury within 30 days to preserve workers’ comp rights. Filing promptly and documenting medical care and lost wages helps ensure benefits are approved and paid. This article explains the workers’ compensation system, the filing steps, and key rights and benefits for injured employees. The workers compensation system […]

Administrative Law Appeals

Legal Remedies for Arbitrary and Capricious Agency Actions

December 30, 2024 • By Jack Gilbert

Courts can set aside an agency action as “arbitrary and capricious” under the APA’s 5 U.S.C. § 706(2)(A) standard. Review focuses on whether the agency considered relevant factors and explained its decision with record evidence. This article covers the test, common grounds for reversal, and practical steps for challenging agency conduct. When government agencies overstep […]

Appeals Civil Law

Can a decision be overturned simply because it is unpopular or controversial?

December 30, 2024 • By Jack Gilbert

No—0 U.S. court decisions can be overturned solely because they are unpopular or controversial. Reversal generally requires legal error, constitutional conflict, new controlling precedent, or proper appellate or legislative action. This article explains how appeals, precedent, and public opinion interact in overturning rulings. The question of whether a judicial decision can be overturned solely based […]

Civil Rights Consumer Protection

What are the latest legal developments in eviction proceedings?

December 29, 2024 • By Jack Gilbert

In 2024–2026, at least 5 states expanded “good cause” protections and multiple courts tightened filing and notice standards in eviction proceedings. These changes reflect post‑pandemic policy shifts, rent inflation, and due‑process concerns that affect timelines, defenses, and landlord compliance. This article summarizes key legislation, rulings, and practical impacts for landlords and tenants nationwide. The landscape […]

Civil Rights Constitutional Law

Jury Nullification: When Juries Ignore the Law

December 29, 2024 • By Jack Gilbert

Jury nullification occurs when a jury returns a not guilty verdict even though the prosecution proved guilt beyond a reasonable doubt. It’s not a formal legal right jurors are told about, but it can happen because juries generally can’t be punished for verdicts. This article explains what it is, its historical use, and key legal […]

Business/Corporate Employment Law

How are labor and employment laws changing with new workplace dynamics?

December 28, 2024 • By Jack Gilbert

Labor and employment laws are changing fast, with over 20 U.S. states now requiring pay ranges in job ads or on request. Legislatures and agencies are also updating rules for remote work, AI-driven hiring, gig classification, and workplace harassment and privacy. This article explains the key legal shifts, compliance risks, and practical steps for employers […]

Bankruptcy Law Business/Corporate

Key Trends in Bankruptcy Law for Businesses in 2025

December 28, 2024 • By Jack Gilbert

In 2025, businesses face at least 5 major bankruptcy law trends: rising Chapter 11 filings, tighter lender scrutiny, more prepackaged plans, tech-driven claims, and evolving regulatory enforcement. These shifts affect how quickly companies can restructure, finance operations, and negotiate with creditors. This article outlines the most important developments and what they mean for corporate insolvency […]

Administrative Law Constitutional Law

What procedural steps must agencies follow to prevent arbitrary decisions?

December 27, 2024 • By Jack Gilbert

Agencies can avoid arbitrary decisions by following mandated procedures such as notice-and-comment rulemaking, building an evidence-based administrative record, and issuing reasoned explanations grounded in statutory authority. Courts commonly review whether the agency considered relevant factors, addressed significant comments, and explained any policy change without ignoring facts. This article outlines the key procedural requirements, recordkeeping practices, […]

Government Relations Intellectual Property

What are the latest developments in Generative AI and IP law?

December 27, 2024 • By Jack Gilbert

Generative AI is rapidly reshaping IP law, with 2024–2025 developments focusing on who owns AI-assisted outputs, whether training on copyrighted works is lawful, and what disclosure is required in registrations and licensing. Courts and regulators are increasingly scrutinizing substantial similarity, fair use, and the evidentiary trail behind AI-created content. This article summarizes key recent cases, […]

Appeals Constitutional Law

Exclusionary Rule: Keeping Illegal Evidence Out of Court

December 25, 2024 • By Jack Gilbert

The exclusionary rule generally bars evidence obtained in violation of the Fourth Amendment from being used in a criminal trial. Courts apply it to deter unlawful searches and seizures, but allow exceptions like good faith, inevitable discovery, and independent source. This article explains what the rule is, when it applies, and the main exceptions. The […]

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