Broadening the FAAAA Safety Exception: Tenth Circuit Adopts a Two‑Step “Genuinely Responsive” Test and Affirms that Delay Can Defeat Irreparable Harm Introduction In Colorado Motor Carriers...
Tenth Circuit Clarifies: Neutral COVID-19 Vaccination Attestation Is Not an ADA “Medical Inquiry,” and Termination for Noncompliance with a Generally Applicable Vaccine Policy Does Not State ADA...
Parental Orchestration Is Not a Shield: Tenth Circuit Reaffirms Broad Discretion to Transfer Juveniles to Adult Court Where Dangerousness Outweighs Amenability to Treatment Case: United States v....
Counsel of Choice Is Not Absolute: Tenth Circuit Denies COA Where Indigent Defendant Sought Eleventh-Hour Substitution Without Showing Retained Counsel Introduction In United States v. Laskey, No....
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church Introduction In a published...
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi Introduction In O.C.V. v. Bondi, the Tenth Circuit issued a published decision...
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent Comprehensive Commentary on United States v. Clay (10th Cir. 2025)...
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison Introduction United States v....
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025) Introduction The United States Court of Appeals for...
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene Introduction The United States Court of Appeals for the Tenth Circuit, in...
Krueger v. Crockett (10th Cir. 2025): Prolonged Prone Restraints, Post-Restraint Tasers, and the Expansive Duty to Intervene Introduction In Krueger v. Crockett, the United States Court of Appeals...
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims Introduction Martinez v. Martinez, No. 24-2105 (10th Cir. Aug. 22, 2025), is a...
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025) I. Introduction The Tenth Circuit’s...
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman Introduction In United States v. Cline, Nos. 24-1119 & 24-1137 (10th...
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025) 1. Introduction Lindsey Kent Springer’s...
United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt 1. Introduction United States v. Cline, Nos. 24-1119 & 24-1137 (10th Cir. Aug. 21, 2025), is...
“Unlawful User” Redefined: Possession-Based Drug Use as a Firearm Disability under 18 U.S.C. § 922(g)(3) Commentary on United States v. Davey, 92 F.4th ___ (10th Cir. 2025) Introduction United States...