Rudolph’s Rules: Tenth Circuit Defines § 3238 Venue for Extraterritorial Crimes and Confirms Forfeiture of Interest, Dividends, and Appreciation Introduction In United States v. Rudolph, No. 23-1278...
Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause Introduction In Wilson...
Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers Introduction In Dillon v. Curtis...
No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy Introduction In Meier v. Aspen Academy, the United States Court of...
Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry Commentary on Teva Pharmaceuticals v. Weiser (10th Cir. Sept. 5, 2025) Introduction Teva...
Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act Case: United States v. Hatley, No. 23-7046 (10th Cir. Sept. 5, 2025) (Eid, J.)...
Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial Introduction In a published decision of...
Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing...
Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur Introduction In Merryfield v. State of Kansas, the...
Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse Introduction This published decision of the United States...
Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required Introduction In Scott v. Allen, the Tenth Circuit reversed a...
Unsubstantiated Third‑Party Abuse Allegations Are Generally Irrelevant Under Rule 412(b)(1)(C); Tenth Circuit Reaffirms Strict Foundations for Impeachment by Prior Inconsistent Statements...
Record-Supported Adult-Pornography Bans Survive Plain-Error Review; Harm-and-Duration Can Justify Significant Upward Variances Case: United States v. Doty, No. 24-5091 (10th Cir. Sept. 3, 2025)...
Pretrial Detention as the Historical Analogue: Tenth Circuit Upholds § 922(n)’s Temporary Ban on Firearm Receipt by Indicted Persons Case: United States v. Ogilvie, No. 24-4089 (10th Cir. Sept. 3,...
United States v. Blasdel: Tenth Circuit Clarifies Four-Corners Exclusivity and Denies Good-Faith Reliance for Affidavits Tainted by Pre‑Warrant Searches Introduction In United States v. Blasdel (10th...
Post-Moore Clarification: § 3231 Controls Criminal Tax Jurisdiction; § 7403 Foreclosures Constitute “Seizures Under Title 26” for § 7212(b); Form 4549/SFR Evidence Can Prove § 7201 Liability Case:...
Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025) Introduction In United States v. Kearney,...
Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One Introduction United States v. Morgan (10th Cir. Sept. 2, 2025) confronts...
Tenth Circuit Adopts Two‑Step “Genuinely Responsive to Safety” Test and Holds Delay Can Defeat Irreparable Harm in FAAAA/ADA Preemption Disputes Introduction In Colorado Motor Carriers Association v....
Tenth Circuit Adopts Two‑Step Safety-Exception Test Under the FAAAA/ADA and Affirms That Delay Can Defeat Irreparable Harm: Colorado Motor Carriers Association v. Town of Vail Introduction This...