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  • Commentaries
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10th Circuit Case Commentaries

New Precedent on Apparent Authority and Contract Ratification in Municipal Employment: Town of Depew v. Gresham

New Precedent on Apparent Authority and Contract Ratification in Municipal Employment: Town of Depew v. Gresham

Date: Mar 13, 2025
New Precedent on Apparent Authority and Contract Ratification in Municipal Employment: Town of Depew v. Gresham I. Introduction The case of Kevin Gresham v. Town of Depew, Oklahoma addresses complex...
Qualified Immunity and Clearly Established Law in Fourth Amendment Cases: A Tenth Circuit Ruling

Qualified Immunity and Clearly Established Law in Fourth Amendment Cases: A Tenth Circuit Ruling

Date: Mar 11, 2025
Qualified Immunity and Clearly Established Law in Fourth Amendment Cases: A Tenth Circuit Ruling Introduction The case of Thomas E. Nidiffer; Laurie-Lynn Francese, Plaintiffs – Appellants, v. David...
Refining the Limits of Imperfect Self-Defense and Preserving Jury Instruction Objections in First-Degree Murder Cases

Refining the Limits of Imperfect Self-Defense and Preserving Jury Instruction Objections in First-Degree Murder Cases

Date: Mar 8, 2025
Refining the Limits of Imperfect Self-Defense and Preserving Jury Instruction Objections in First-Degree Murder Cases Introduction The case of United States v. Anthony Brian Walker involves a...
Affirming Consensual Encounters and Self-Search Exceptions: The Tenth Circuit’s Ruling in Jackson

Affirming Consensual Encounters and Self-Search Exceptions: The Tenth Circuit’s Ruling in Jackson

Date: Mar 8, 2025
Affirming Consensual Encounters and Self-Search Exceptions: The Tenth Circuit’s Ruling in Jackson Introduction The case of United States v. Glen A. Jackson centers on the contested issue of how law...
Affirmation of Probable Cause in Malicious Prosecution Claims: Implications for Investigative Standards

Affirmation of Probable Cause in Malicious Prosecution Claims: Implications for Investigative Standards

Date: Mar 8, 2025
Affirmation of Probable Cause in Malicious Prosecution Claims: Implications for Investigative Standards Introduction In the case of Gary Weidner, III v. Claire McHale; Kristin Ames, the United States...
Clarifying SIP Component Approvals Post-Attainment Deadline: EPA’s Validated Approach to Reasonable-Further-Progress and Anti-Backsliding

Clarifying SIP Component Approvals Post-Attainment Deadline: EPA’s Validated Approach to Reasonable-Further-Progress and Anti-Backsliding

Date: Mar 8, 2025
Clarifying SIP Component Approvals Post-Attainment Deadline: EPA’s Validated Approach to Reasonable-Further-Progress and Anti-Backsliding Introduction The recent decision in CENTER FOR BIOLOGICAL...
Reaffirming the Final Judgment Rule: Limiting the Scope of the Collateral Order Doctrine in FCA Public Disclosure Bar Challenges

Reaffirming the Final Judgment Rule: Limiting the Scope of the Collateral Order Doctrine in FCA Public Disclosure Bar Challenges

Date: Mar 8, 2025
Reaffirming the Final Judgment Rule: Limiting the Scope of the Collateral Order Doctrine in FCA Public Disclosure Bar Challenges Introduction The judgment in United States ex rel. Fiorisce, LLC v....
Detention Determinations in Wire Fraud Cases: Affirming Community Safety under the Bail Reform Act

Detention Determinations in Wire Fraud Cases: Affirming Community Safety under the Bail Reform Act

Date: Mar 8, 2025
Detention Determinations in Wire Fraud Cases: Affirming Community Safety under the Bail Reform Act Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s...
Hybrid Dismissals in Mixed Habeas Petitions: A New Precedent on Exhaustion Requirements

Hybrid Dismissals in Mixed Habeas Petitions: A New Precedent on Exhaustion Requirements

Date: Mar 8, 2025
Hybrid Dismissals in Mixed Habeas Petitions: A New Precedent on Exhaustion Requirements Introduction In the case of Clarissa Marie Mars v. Tamika White, Warden, the United States Court of Appeals for...
Extending Franks Accountability: Holding Off-Duty Officers to the Fourth Amendment Standard

Extending Franks Accountability: Holding Off-Duty Officers to the Fourth Amendment Standard

Date: Mar 8, 2025
Extending Franks Accountability: Holding Off-Duty Officers to the Fourth Amendment Standard Introduction The case of UNITED STATES OF AMERICA v. SHAWN MICHAEL NORTON, recently decided by the Tenth...
New Regulatory Safety Standard for High-Powered Magnets: A Data-Driven and Constitutional Approach

New Regulatory Safety Standard for High-Powered Magnets: A Data-Driven and Constitutional Approach

Date: Mar 6, 2025
New Regulatory Safety Standard for High-Powered Magnets: A Data-Driven and Constitutional Approach Introduction The judgment in MAGNETSAFETY.ORG; HOBBY MANUFACTURERS ASSOCIATION; NATIONAL RETAIL...
Mandating Concurrent Supervised Release: Clarifications on Sentencing for Multiple Murder Convictions

Mandating Concurrent Supervised Release: Clarifications on Sentencing for Multiple Murder Convictions

Date: Mar 4, 2025
Mandating Concurrent Supervised Release: Clarifications on Sentencing for Multiple Murder Convictions Introduction The case of United States of America v. William Clayton Brown presents a complex...
Lack of Change in Law as Basis for Denial of Compassionate Release: A Precedent Affirmation

Lack of Change in Law as Basis for Denial of Compassionate Release: A Precedent Affirmation

Date: Mar 2, 2025
Lack of Change in Law as Basis for Denial of Compassionate Release: A Precedent Affirmation Introduction The case of United States of America, Plaintiff - Appellee, v. Angel Guzman-Aviles,...
Affirmation of Valid Consent and Upheld Felon-in-Possession Statute: A New Benchmark in Fourth and Second Amendment Analyses

Affirmation of Valid Consent and Upheld Felon-in-Possession Statute: A New Benchmark in Fourth and Second Amendment Analyses

Date: Mar 1, 2025
Affirmation of Valid Consent and Upheld Felon-in-Possession Statute: A New Benchmark in Fourth and Second Amendment Analyses Introduction The present Judgment, rendered by the United States Court of...
Qualified Immunity Reaffirmed: Balancing Immediate Threats and Officer Decision-Making in Use-of-Force Cases

Qualified Immunity Reaffirmed: Balancing Immediate Threats and Officer Decision-Making in Use-of-Force Cases

Date: Mar 1, 2025
Qualified Immunity Reaffirmed: Balancing Immediate Threats and Officer Decision-Making in Use-of-Force Cases Introduction This commentary examines the United States Court of Appeals, Tenth Circuit’s...
Affirming Hospital Compliance under EMTALA: Evaluating Institutional Capabilities and Standard Screening Procedures

Affirming Hospital Compliance under EMTALA: Evaluating Institutional Capabilities and Standard Screening Procedures

Date: Mar 1, 2025
Affirming Hospital Compliance under EMTALA: Evaluating Institutional Capabilities and Standard Screening Procedures Introduction In the recent case of Ricky Koel v. Citizens Medical Center, Inc. et...
Judicial Affirmation of Discretionary Sentencing under 18 U.S.C. § 3553(a)

Judicial Affirmation of Discretionary Sentencing under 18 U.S.C. § 3553(a)

Date: Mar 1, 2025
Judicial Affirmation of Discretionary Sentencing under 18 U.S.C. § 3553(a) Introduction In the case of United States of America v. Ted Joseph Valdez, the United States Court of Appeals, Tenth...
Downward-Variant Sentencing in Supervised Release Violations: Balancing Judicial Discretion with Public Safety and Defendant Welfare

Downward-Variant Sentencing in Supervised Release Violations: Balancing Judicial Discretion with Public Safety and Defendant Welfare

Date: Mar 1, 2025
Downward-Variant Sentencing in Supervised Release Violations: Balancing Judicial Discretion with Public Safety and Defendant Welfare Introduction This commentary examines the United States Court of...
Judicial Affirmation of Knowledge-of-Falsity Exclusions in Insurance Coverage Disputes

Judicial Affirmation of Knowledge-of-Falsity Exclusions in Insurance Coverage Disputes

Date: Mar 1, 2025
Judicial Affirmation of Knowledge-of-Falsity Exclusions in Insurance Coverage Disputes Introduction This commentary examines the recent decision of the United States Court of Appeals, Tenth Circuit,...
Underage Drinking Conviction Recognized as Comparable to a Juvenile Status Offense: A Common Sense Approach in Criminal History Scoring

Underage Drinking Conviction Recognized as Comparable to a Juvenile Status Offense: A Common Sense Approach in Criminal History Scoring

Date: Mar 1, 2025
Underage Drinking Conviction Recognized as Comparable to a Juvenile Status Offense: A Common Sense Approach in Criminal History Scoring Introduction In the case of UNITED STATES OF AMERICA v. COTI...
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