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  • Commentaries
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10th Circuit Case Commentaries

Strict Criteria for Defining Indian Country under SDWA: Hydro Resources, Inc. v. EPA

Strict Criteria for Defining Indian Country under SDWA: Hydro Resources, Inc. v. EPA

Date: Jun 16, 2010
Strict Criteria for Defining Indian Country under SDWA: Hydro Resources, Inc. v. EPA Introduction Hydro Resources, Inc. ("HRI"), a non-Indian mining corporation, challenged the United States...
Third-Party Consent by Minor in Probation Home Visits: United States v. Sanchez

Third-Party Consent by Minor in Probation Home Visits: United States v. Sanchez

Date: Jun 16, 2010
Third-Party Consent by Minor in Probation Home Visits: United States v. Sanchez Introduction In the landmark case of United States v. Victor Sanchez, Jr., the United States Court of Appeals for the...
Silva v. United States: Affirmation of Violent Felony Classification Under the Armed Career Criminal Act

Silva v. United States: Affirmation of Violent Felony Classification Under the Armed Career Criminal Act

Date: Jun 15, 2010
Silva v. United States: Affirmation of Violent Felony Classification Under the Armed Career Criminal Act Introduction In the case of United States of America v. Jacob Ramon Silva, 608 F.3d 663 (10th...
Exhaustion of Administrative Remedies Under PLRA: Little v. ODOC

Exhaustion of Administrative Remedies Under PLRA: Little v. ODOC

Date: Jun 9, 2010
Exhaustion of Administrative Remedies Under PLRA: Little v. ODOC Introduction Little v. ODOC, decided by the United States Court of Appeals for the Tenth Circuit on June 8, 2010, established...
Sovereign Immunity Preserved in Federal Challenges to Land Trust Acquisition for Indian Tribes

Sovereign Immunity Preserved in Federal Challenges to Land Trust Acquisition for Indian Tribes

Date: Jun 8, 2010
Sovereign Immunity Preserved in Federal Challenges to Land Trust Acquisition for Indian Tribes Introduction The case of Iowa Tribe of Kansas and Nebraska; Mark Parkinson, Governor of State of Kansas,...
Affirmation of Qualified Immunity for Federal Agent's Reasonable Use of Deadly Force under Fourth Amendment

Affirmation of Qualified Immunity for Federal Agent's Reasonable Use of Deadly Force under Fourth Amendment

Date: Jun 5, 2010
Affirmation of Qualified Immunity for Federal Agent's Reasonable Use of Deadly Force under Fourth Amendment Introduction The case of Ricky Lee Thomas v. John Durastanti (607 F.3d 655) adjudicated by...
Balancing Public Safety and Familial Rights: Tenth Circuit's Guidance on Special Conditions of Supervised Release

Balancing Public Safety and Familial Rights: Tenth Circuit's Guidance on Special Conditions of Supervised Release

Date: Jun 4, 2010
Balancing Public Safety and Familial Rights: Tenth Circuit's Guidance on Special Conditions of Supervised Release Introduction The case of U.S. v. Lehman Smith (606 F.3d 1270) adjudicated by the...
Affirmation of Summary Judgment in Disability and Age Discrimination Case: Wilkerson v. Shinseki

Affirmation of Summary Judgment in Disability and Age Discrimination Case: Wilkerson v. Shinseki

Date: Jun 3, 2010
Affirmation of Summary Judgment in Disability and Age Discrimination Case: Wilkerson v. Shinseki Introduction The case of Floyd Wilkerson v. Eric K. Shinseki, adjudicated by the United States Court...
Coercion in Death Penalty Sentencing: Analysis of Hooks v. Workman (10th Cir. 2010)

Coercion in Death Penalty Sentencing: Analysis of Hooks v. Workman (10th Cir. 2010)

Date: May 26, 2010
Coercion in Death Penalty Sentencing: Analysis of Hooks v. Workman (10th Cir. 2010) Introduction In Hooks v. Workman, the United States Court of Appeals for the Tenth Circuit addressed significant...
Tenth Circuit Affirms Denial of In Forma Pauperis Status and Dismisses Insufficient Claims in Nancy Lewis Appeals

Tenth Circuit Affirms Denial of In Forma Pauperis Status and Dismisses Insufficient Claims in Nancy Lewis Appeals

Date: May 18, 2010
Tenth Circuit Affirms Denial of In Forma Pauperis Status and Dismisses Insufficient Claims in Nancy Lewis Appeals Introduction The case of Nancy Lewis v. Multiple Defendants presents a significant...
Qualified Immunity Affirmed for State Board President in Fourth Amendment Claim

Qualified Immunity Affirmed for State Board President in Fourth Amendment Claim

Date: May 18, 2010
Qualified Immunity Affirmed for State Board President in Fourth Amendment Claim Introduction In the case of Jeffrey W. Lewis, D.C. v. Ronald Tripp, D.C., litigants grappled with complex issues...
Broad Interpretation of "Accident" Under ERISA AD&D Plans: LaAsmar v. Metropolitan Life Insurance Company

Broad Interpretation of "Accident" Under ERISA AD&D Plans: LaAsmar v. Metropolitan Life Insurance Company

Date: May 7, 2010
Broad Interpretation of "Accident" Under ERISA AD&D Plans: LaAsmar v. Metropolitan Life Insurance Company Introduction The case of Ronald LaAsmar and Sandra LaAsmar v. Metropolitan Life Insurance...
Jensen v. Wagner: Affirmation of State Immunity in Parental Custody Disputes

Jensen v. Wagner: Affirmation of State Immunity in Parental Custody Disputes

Date: May 6, 2010
Jensen v. Wagner: Affirmation of State Immunity in Parental Custody Disputes Introduction Jensen v. Wagner is a landmark case adjudicated by the United States Court of Appeals for the Tenth Circuit...
Admissibility of Nontestimonial Accomplice Statements: Rethinking Rule 804(b)(3) Post-Crawford – United States v. Smalls

Admissibility of Nontestimonial Accomplice Statements: Rethinking Rule 804(b)(3) Post-Crawford – United States v. Smalls

Date: May 4, 2010
Admissibility of Nontestimonial Accomplice Statements: Rethinking Rule 804(b)(3) Post-Crawford – United States v. Smalls Introduction United States of America v. Paul Othello Smalls, 605 F.3d 765...
Imposing Restrictions on Abusive Litigants: Ysais v. Richardson

Imposing Restrictions on Abusive Litigants: Ysais v. Richardson

Date: Apr 28, 2010
Imposing Restrictions on Abusive Litigants: Ysais v. Richardson Introduction In Christopher Ynocensio Ysais v. Bill Richardson, et al., 603 F.3d 1175 (10th Cir. 2010), the United States Court of...
Mootness and Scope of Consultation under the ESA: Analysis of Rio Grande Silvery Minnow v. Bureau of Reclamation

Mootness and Scope of Consultation under the ESA: Analysis of Rio Grande Silvery Minnow v. Bureau of Reclamation

Date: Apr 22, 2010
Mootness and Scope of Consultation under the ESA: Analysis of Rio Grande Silvery Minnow v. Bureau of Reclamation Introduction The case of Rio Grande Silvery Minnow v. Bureau of Reclamation brought...
Brammer-Hoelter v. Twin Peaks Charter Academy: Pioneering Standards on Prior Restraint and Qualified Immunity in Educational Employment

Brammer-Hoelter v. Twin Peaks Charter Academy: Pioneering Standards on Prior Restraint and Qualified Immunity in Educational Employment

Date: Apr 22, 2010
Brammer-Hoelter v. Twin Peaks Charter Academy: Pioneering Standards on Prior Restraint and Qualified Immunity in Educational Employment Introduction The case of Brammer-Hoelter et al. v. Twin Peaks...
Non-Waiver of Arbitration Rights Despite Delay: Insights from Hill v. Ricoh Americas Corp.

Non-Waiver of Arbitration Rights Despite Delay: Insights from Hill v. Ricoh Americas Corp.

Date: Apr 20, 2010
Non-Waiver of Arbitration Rights Despite Delay: Insights from Hill v. Ricoh Americas Corp. Introduction The case of Phillip Hill v. Ricoh Americas Corporation, decided by the United States Court of...
Reaffirming ALJ Authority in Credibility Assessments: A Comprehensive Analysis of Wilson v. Astrue

Reaffirming ALJ Authority in Credibility Assessments: A Comprehensive Analysis of Wilson v. Astrue

Date: Apr 20, 2010
Reaffirming ALJ Authority in Credibility Assessments: A Comprehensive Analysis of Wilson v. Astrue Introduction The case of Polly A. Wilson v. Michael J. Astrue, Commissioner of Social Security...
Affirmation of Judicial Immunity and Eleventh Amendment Protections in Ysais v. State of New Mexico

Affirmation of Judicial Immunity and Eleventh Amendment Protections in Ysais v. State of New Mexico

Date: Apr 17, 2010
Affirmation of Judicial Immunity and Eleventh Amendment Protections in Ysais v. State of New Mexico Introduction Christopher Ynosencio Ysais filed a lawsuit against the State of New Mexico and...
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