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  • Commentaries
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10th Circuit Case Commentaries

Reaffirming Strickland Standards in Habeas Claims: Bullock v. Warden

Reaffirming Strickland Standards in Habeas Claims: Bullock v. Warden

Date: Jul 24, 2002
Reaffirming Strickland Standards in Habeas Claims: Bullock v. Warden Introduction Bulock v. Warden is a pivotal case adjudicated by the United States Court of Appeals for the Tenth Circuit on July...
Affirmation of NEPA Compliance in Land Exchange: Citizens' Committee to Save Our Canyons v. United States Forest Service

Affirmation of NEPA Compliance in Land Exchange: Citizens' Committee to Save Our Canyons v. United States Forest Service

Date: Jul 24, 2002
Affirmation of NEPA Compliance in Land Exchange: Citizens' Committee to Save Our Canyons v. United States Forest Service Introduction The case of CITIZENS' COMMITTEE TO SAVE OUR CANYONS and Wasatch...
City of Ogden v. SUMMUM: Strengthening First Amendment Free Speech Protections in Public Monument Displays

City of Ogden v. SUMMUM: Strengthening First Amendment Free Speech Protections in Public Monument Displays

Date: Jul 20, 2002
City of Ogden v. SUMMUM: Strengthening First Amendment Free Speech Protections in Public Monument Displays Introduction City of Ogden v. SUMMUM is a pivotal case adjudicated by the United States...
Retroactive Application of Statutory Interpretation: Insights from United States v. Wiseman

Retroactive Application of Statutory Interpretation: Insights from United States v. Wiseman

Date: Jul 19, 2002
Retroactive Application of Statutory Interpretation: Insights from United States v. Wiseman Introduction United States v. Wiseman, 297 F.3d 975 (10th Cir. 2002), is a pivotal case that addresses the...
Tenth Circuit Clarifies §504 Rehabilitation Act Coverage for Small Employers Receiving Federal Assistance

Tenth Circuit Clarifies §504 Rehabilitation Act Coverage for Small Employers Receiving Federal Assistance

Date: Jul 17, 2002
Tenth Circuit Clarifies §504 Rehabilitation Act Coverage for Small Employers Receiving Federal Assistance Introduction The landmark decision in Schrader v. Fred A. Ray, M.D., P.C. redefines the scope...
Claim-Splitting and Privity: Insights from Hartsel Springs Ranch v. Bluegreen Corporation

Claim-Splitting and Privity: Insights from Hartsel Springs Ranch v. Bluegreen Corporation

Date: Jul 17, 2002
Claim-Splitting and Privity: Insights from Hartsel Springs Ranch v. Bluegreen Corporation Introduction The case of Hartsel Springs Ranch of Colorado, Inc. v. Bluegreen Corporation, decided by the...
Ribozyme Pharmaceuticals SEC Litigation: Summary and Analysis

Ribozyme Pharmaceuticals SEC Litigation: Summary and Analysis

Date: Jul 16, 2002
Ribozyme Pharmaceuticals SEC Litigation: Summary and Analysis Introduction The case In re Ribozyme Pharmaceuticals, Inc. Securities Litigation (Case No. 99-MK-2235 (MJW)) was adjudicated in the...
Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao

Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao

Date: Jul 12, 2002
Equitable Tolling in CSRA Employment Discrimination Actions: Insights from Montoya v. Chao Introduction Montoya v. Chao is a pivotal case adjudicated by the United States Court of Appeals for the...
Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments

Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments

Date: Jul 11, 2002
Affirmation of Absolute Immunity for Judicial Clerks in Entry of Default Judgments Introduction In the case of Holli Lundahl v. Zimmer and York, adjudicated by the United States Court of Appeals for...
Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1)

Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1)

Date: Jul 10, 2002
Affirmation of Firearm Possession and Drug Trafficking Convictions Under § 924(c)(1) Introduction In the case of United States of America v. Jonathan Avery, decided on July 9, 2002, the United States...
Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer

Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer

Date: Jul 4, 2002
Residency Requirements for National Guard Officers Violate the Privileges and Immunities Clause: Nelson and Dillon v. Geringer Introduction The case of Barbara Jenenne Nelson and Howard Arthur...
Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life

Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life

Date: Jul 3, 2002
Affirmation of ERISA Plan Administrator's Discretion in Disability Benefit Denials: Nance v. Sun Life Introduction In Bryan K. Nance v. Sun Life Assurance Company of Canada, 294 F.3d 1263 (10th Cir....
Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group

Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group

Date: Jul 3, 2002
Defining Standings in §1981 and §1982 Claims: Insights from The GUIDES, LTD. v. Yarmouth Group Introduction In the landmark case of The GUIDES, LTD., doing business as The Africa House; and Tseghe...
Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles

Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles

Date: Jun 26, 2002
Affirmation of Hobbs Act Conviction Based on De Minimis Impact on Interstate Commerce: United States v. Toles Introduction In United States v. Elliot C. Toles, 297 F.3d 959 (10th Cir. 2002), the...
Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich

Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich

Date: Jun 22, 2002
Enhancement and Departure in Federal Sentencing: Insights from United States v. Hurlich Introduction United States v. Quentin Hurlich (293 F.3d 1223), adjudicated by the United States Court of...
Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation

Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation

Date: Jun 21, 2002
Mandating Thorough NEPA and §4(f) Compliance: Tenth Circuit's Comprehensive Judgment in Davis Appellants v. Department of Transportation Introduction In the case of Davis et al. v. Slater et al., the...
Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver

Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver

Date: Jun 20, 2002
Participant-Directed Investment and Fiduciary Duty under ERISA: Analysis of Allison v. Bank One-Denver Introduction Allison v. Bank One-Denver is a pivotal case adjudicated by the United States Court...
Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora

Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora

Date: Jun 19, 2002
Limitations on Raising Apprendi Claims in Initial Habeas Proceedings: Affirming Procedural Bars in United States v. Mora Introduction United States of America v. Orlando Mora, 293 F.3d 1213 (10th...
New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc.

New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc.

Date: Jun 19, 2002
New Precedent on Retaliatory Employment Termination: Foster v. AlliedSignal Inc. Introduction The case of Juanita M. Foster v. AlliedSignal Inc. (293 F.3d 1187) adjudicated by the United States Court...
State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES

State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES

Date: Jun 19, 2002
State Action Doctrine Clarified in Adoption Context: JOHNSON v. RODRIGUES Introduction Victor Johnson v. Monica Rodrigues (Orozco), et al. is a pivotal case adjudicated by the United States Court of...
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