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  • Commentaries
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10th Circuit Case Commentaries

Right to Exculpatory Evidence in Prison Disciplinary Hearings: Howard v. United States Bureau of Prisons

Right to Exculpatory Evidence in Prison Disciplinary Hearings: Howard v. United States Bureau of Prisons

Date: May 24, 2007
Right to Exculpatory Evidence in Prison Disciplinary Hearings: Howard v. United States Bureau of Prisons Introduction Clinton Howard v. United States Bureau of Prisons, 487 F.3d 808 (10th Cir. 2007),...
Denying Certificates of Appealability: Redden v. Calbone Establishes Deferential Standard under AEDPA

Denying Certificates of Appealability: Redden v. Calbone Establishes Deferential Standard under AEDPA

Date: May 19, 2007
Denying Certificates of Appealability: Redden v. Calbone Establishes Deferential Standard under AEDPA Introduction In Claud Redden v. Sam Calbone, 223 F. App'x 825 (10th Cir. 2007), the United States...
Sovereign Immunity and the Speech or Debate Clause: A Comprehensive Analysis of Rockefeller v. Bingaman et al.

Sovereign Immunity and the Speech or Debate Clause: A Comprehensive Analysis of Rockefeller v. Bingaman et al.

Date: May 18, 2007
Sovereign Immunity and the Speech or Debate Clause: A Comprehensive Analysis of Rockefeller v. Bingaman et al. Introduction The case of Tod N. Rockefeller v. Jeff Bingaman and associated defendants...
Establishing Hostile Work Environment Standards and Attorney's Fees in EEOC v. Chuck Daggett Motors

Establishing Hostile Work Environment Standards and Attorney's Fees in EEOC v. Chuck Daggett Motors

Date: May 15, 2007
Establishing Hostile Work Environment Standards and Attorney's Fees in EEOC v. Chuck Daggett Motors Introduction Equal Employment Opportunity Commission (EEOC) v. PVNF, L.L.C., d/b/a Big Valley Auto...
Affirmation of Summary Judgment on Lack of Pretext in Employment Discrimination Claims under Title VII and ADEA: Timmerman v. U.S. Bank

Affirmation of Summary Judgment on Lack of Pretext in Employment Discrimination Claims under Title VII and ADEA: Timmerman v. U.S. Bank

Date: Apr 28, 2007
Affirmation of Summary Judgment on Lack of Pretext in Employment Discrimination Claims under Title VII and ADEA: Timmerman v. U.S. Bank Introduction In Linda A. Timmerman v. U.S. Bank, N.A. (483 F.3d...
Employment Contracts and ADA Claims: Comprehensive Analysis of Zwygart v. Jefferson County

Employment Contracts and ADA Claims: Comprehensive Analysis of Zwygart v. Jefferson County

Date: Apr 25, 2007
Employment Contracts and ADA Claims: Comprehensive Analysis of Zwygart v. Jefferson County Introduction The case of Lynn R. Zwygart v. Board of County Commissioners of Jefferson County, Kansas (483...
Defining Seizure under the Fourth Amendment: A Detailed Commentary on REEVES v. CHURCHICH (10th Cir. 2007)

Defining Seizure under the Fourth Amendment: A Detailed Commentary on REEVES v. CHURCHICH (10th Cir. 2007)

Date: Apr 25, 2007
Defining Seizure under the Fourth Amendment: A Detailed Commentary on REEVES v. CHURCHICH (10th Cir. 2007) Introduction In the realm of constitutional law, the Fourth Amendment serves as a crucial...
Judicial Immunity and Restrictions on Abusive Pro Se Filings: A Commentary on Andrews v. Dual

Judicial Immunity and Restrictions on Abusive Pro Se Filings: A Commentary on Andrews v. Dual

Date: Apr 24, 2007
Judicial Immunity and Restrictions on Abusive Pro Se Filings: A Commentary on Andrews v. Dual (483 F.3d 1070) Introduction Eddie L. Andrews, an individual plaintiff, initiated multiple federal...
Reasonable Suspicion in Pat-Down Searches: United States v. Rice (483 F.3d 1079)

Reasonable Suspicion in Pat-Down Searches: United States v. Rice (483 F.3d 1079)

Date: Apr 24, 2007
Reasonable Suspicion in Pat-Down Searches: United States v. Rice (483 F.3d 1079) Introduction In United States v. Rice, the United States Court of Appeals for the Tenth Circuit addressed the critical...
Limiting the Scope of HECK v. HUMPHREY: Tenth Circuit Clarifies Applicability in §1983 Claims Involving Unrelated Convictions

Limiting the Scope of HECK v. HUMPHREY: Tenth Circuit Clarifies Applicability in §1983 Claims Involving Unrelated Convictions

Date: Apr 18, 2007
Limiting the Scope of HECK v. HUMPHREY: Tenth Circuit Clarifies Applicability in §1983 Claims Involving Unrelated Convictions Introduction The case of Philip C. Butler v. Shawn Compton ([482 F.3d...
Defendants Bear Burden for Administrative Exhaustion under PLRA: Insights from Roberts v. Barreras

Defendants Bear Burden for Administrative Exhaustion under PLRA: Insights from Roberts v. Barreras

Date: Apr 17, 2007
Defendants Bear Burden for Administrative Exhaustion under PLRA: Insights from Roberts v. Barreras Introduction In the landmark case Ethan Erwin Roberts v. Lawrence Barreras et al., decided by the...
Affirmation of Firearm Possession Conviction: Procedural Limits and Sufficiency of Evidence – United States v. Goode

Affirmation of Firearm Possession Conviction: Procedural Limits and Sufficiency of Evidence – United States v. Goode

Date: Apr 17, 2007
Affirmation of Firearm Possession Conviction: Procedural Limits and Sufficiency of Evidence – United States v. Goode Introduction United States v. Donald H. Goode is a pivotal case decided by the...
Minnesota v. Suthers: Affirming Boundaries of Prosecutorial Immunity and First Amendment Protections

Minnesota v. Suthers: Affirming Boundaries of Prosecutorial Immunity and First Amendment Protections

Date: Apr 17, 2007
Minnesota v. Suthers: Affirming Boundaries of Prosecutorial Immunity and First Amendment Protections Introduction In the landmark case of Thomas Mink; The Howling Pig v. John W. Suthers, decided on...
Qualified Immunity and Deliberate Misconduct in Fourth Amendment Seizure: Meyer v. Board of County Commissioners of Harper County

Qualified Immunity and Deliberate Misconduct in Fourth Amendment Seizure: Meyer v. Board of County Commissioners of Harper County

Date: Apr 17, 2007
Qualified Immunity and Deliberate Misconduct in Fourth Amendment Seizure: Meyer v. Board of County Commissioners of Harper County Introduction In the landmark case of Deborah S. Meyer v. The Board of...
Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp.

Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp.

Date: Apr 11, 2007
Admissibility of Prior Employment and Medical Records in Retaliatory Discharge Litigation: An Analysis of Wilkins v. Kmart Corp. Introduction The case of Jackie R. Wilkins v. Kmart Corporation,...
Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen

Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen

Date: Apr 11, 2007
Insurance Bad Faith and Settlement Offer Delays: Analysis of Emcasco Insurance Company v. Wade and Nguyen Introduction The case of Jerry L. Wade, II and Ninh Nguyen v. EMCASCO Insurance Company,...
Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection

Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection

Date: Apr 10, 2007
Majority Voting Requirement for Nonpublic School Admission to OSSAA Violates Equal Protection Introduction The case of Christian Heritage Academy v. Oklahoma Secondary School Activities Association...
Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes

Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes

Date: Apr 6, 2007
Age and Maturity Considerations Under the Hague Convention: Tenth Circuit Upholds Refusal to Repatriate Child Based on Minor's Wishes Introduction The case of S.L.V.M. Cyndie de Silva v. Paul E....
Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans

Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans

Date: Apr 4, 2007
Establishing Standards for Equitable Tolling under AEDPA in Habeas Corpus Petitions: Fleming v. Evans Introduction The case of Kipton Fleming v. Edward L. Evans (481 F.3d 1249) presents a pivotal...
Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO

Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO

Date: Mar 28, 2007
Clarifying Retaliation and Facial Discrimination Standards under Title VII: Piercy v. EPSO Introduction Piercy v. EPSO is a significant case adjudicated by the United States Court of Appeals for the...
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