10th Circuit Case Commentaries

Ineffective Assistance of Counsel in Habeas Corpus: Remand for Unaddressed Claims under AEDPA

Date: Sep 14, 2004

Ineffective Assistance of Counsel in Habeas Corpus: Remand for Unaddressed Claims under AEDPA Introduction The case of Jemaine Monteil Cannon v. Mike Mullin, Warden, Oklahoma State Penitentiary (383...

Statute of Limitations in Civil Rights Claims: Insights from John Mel v. n Alexander et al.

Date: Sep 9, 2004

Statute of Limitations in Civil Rights Claims: Insights from John Mel v. n Alexander et al. Introduction The case of John Mel v. n Alexander et al., adjudicated by the United States Court of Appeals...

Affirmation of Confrontation Clause Compliance Under Roberts Standard in BROWN v. STATE

Date: Sep 9, 2004

Affirmation of Confrontation Clause Compliance Under Roberts Standard in BROWN v. STATE Introduction The case of Paul David Brown III v. Judy Uphoff, Director, Wyoming Department of Corrections, et...

Affirmation of Summary Judgment in Stover v. HUD: Reinforcing the McDonnell Douglas Framework

Date: Aug 31, 2004

Affirmation of Summary Judgment in Stover v. HUD: Reinforcing the McDonnell Douglas Framework 1. Introduction In Michal F. Stover v. Mel Martinez, 382 F.3d 1064 (10th Cir. 2004), the United States...

Hillig v. Rumfeld: Broadening the Definition of 'Adverse Employment Action' Under Title VII

Date: Aug 28, 2004

Hillig v. Rumfeld: Broadening the Definition of 'Adverse Employment Action' Under Title VII Introduction Hillig v. Rumfeld, 381 F.3d 1028 (10th Cir. 2004), is a pivotal case in employment...

Tester Standing Under ADA and the Rehabilitation Act: Insights from Tandy et al. v. City of Wichita

Date: Aug 26, 2004

Tester Standing Under ADA and the Rehabilitation Act: Insights from Tandy et al. v. City of Wichita Introduction In Tandy et al. v. City of Wichita, the United States Court of Appeals for the Tenth...

Preemption of Local Telecom Regulations: Qwest Corporation v. City of Santa Fe

Date: Aug 25, 2004

Preemption of Local Telecom Regulations: Qwest Corporation v. City of Santa Fe Introduction In Qwest Corporation v. City of Santa Fe, the United States Court of Appeals for the Tenth Circuit...

Affirmation of Intrastate Economic Protectionism in Funeral Services Regulation

Date: Aug 24, 2004

Affirmation of Intrastate Economic Protectionism in Funeral Services Regulation Introduction The case Kim Powers; Dennis Bridges; Memorial Concepts Online, Inc. v. Joe Harris et al. addressed the...

Strengthening Standards for Firm Resettlement and Credibility Determinations: Analysis of Elzour v. Ashcroft, 378 F.3d 1143 (10th Cir. 2004)

Date: Aug 18, 2004

Strengthening Standards for Firm Resettlement and Credibility Determinations: Analysis of Elzour v. Ashcroft, 378 F.3d 1143 (10th Cir. 2004) Introduction Elzour v. Ashcroft, a landmark decision by...

Harshman v. Jackson Hole: Reevaluating Supplemental Jurisdiction Post-Dismissal of Federal Claims

Date: Aug 17, 2004

Harshman v. Jackson Hole: Reevaluating Supplemental Jurisdiction Post-Dismissal of Federal Claims Introduction In Estate of Adam Harshman, Rachel Harshman, Brooks Harshman, and Lauren Harshman v....

Enhanced Scrutiny for Plan Administrators with Conflicts of Interest under ERISA: Insights from Shirley O. Fought v. UNUM

Date: Aug 14, 2004

Enhanced Scrutiny for Plan Administrators with Conflicts of Interest under ERISA: Insights from Shirley O. Fought v. UNUM Introduction The case of Shirley O. Fought v. UNUM Life Insurance Company of...

Issue Preclusion in Ripeness: Park Lake Resources v. USDA

Date: Aug 14, 2004

Issue Preclusion in Ripeness: Park Lake Resources Limited Liability Company v. United States Department of Agriculture Introduction Plaintiffs-Appellants: Park Lake Resources Limited Liability...

Cervini v. United States: Limits of Actual Innocence Claims Following ASHCROFT v. FREE SPEECH COALITION

Date: Aug 12, 2004

Cervini v. United States: Limits of Actual Innocence Claims Following ASHCROFT v. FREE SPEECH COALITION Introduction Cervini v. United States is a pivotal case adjudicated by the United States Court...

Affirmation of Conviction in United States v. Charles Wooten – Upholding the Posse Comitatus Act and Sentencing Guidelines

Date: Aug 11, 2004

Affirmation of Conviction in United States v. Charles Wooten – Upholding the Posse Comitatus Act and Sentencing Guidelines Introduction In the case of United States of America v. Charles Wooten,...

Hardeman v. City of Albuquerque: Upholding Retaliation Protections and Punitive Damages Standards under First and Fourteenth Amendments

Date: Aug 6, 2004

Hardeman v. City of Albuquerque: Upholding Retaliation Protections and Punitive Damages Standards under First and Fourteenth Amendments Introduction Hardeman v. City of Albuquerque is a significant...

Qualified Immunity in First Amendment Retaliation: Eaton v. Meneley

Date: Aug 4, 2004

Qualified Immunity in First Amendment Retaliation: Eaton v. Meneley Introduction The case Kenneth Eaton; Janet Price; Patricia McClellan v. David Meneley, decided by the United States Court of...

Double Jeopardy Protections in Sentencing: Analysis of Gipson v. Jordan

Date: Aug 3, 2004

Double Jeopardy Protections in Sentencing: Analysis of Gipson v. Jordan Introduction Adrian Darryle Gipson, a state prisoner in Oklahoma, appealed a conditional grant of habeas relief after serving a...

Affirmation of Residual Functional Capacity Determinations in SSI Disability Appeals: Howard v. Barnhart

Date: Jul 30, 2004

Affirmation of Residual Functional Capacity Determinations in SSI Disability Appeals: Howard v. Barnhart Introduction In Johnny J. Howard v. Jo Anne B. Barnhart, Commissioner, Social Security...

A Comprehensive Analysis of Roderick L. Smith v. Mike Mullin: Establishing New Standards for Ineffective Assistance in Sentencing

Date: Jul 30, 2004

A Comprehensive Analysis of Roderick L. Smith v. Mike Mullin: Establishing New Standards for Ineffective Assistance in Sentencing Introduction The case of Roderick L. Smith v. Mike Mullin represents...

Reaffirmation of District Court Jurisdiction in Federal Agency Procurement Disputes

Date: Jul 28, 2004

Reaffirmation of District Court Jurisdiction in Federal Agency Procurement Disputes Introduction The case of City of Albuquerque, Plaintiff-Appellant v. United States Department of the Interior,...

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