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  • Commentaries
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10th Circuit Case Commentaries

Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da

Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da

Date: Aug 3, 2010
Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da Introduction In the landmark case of Braxton, Graves, Johnson, and Palececk v. Da, the United...
Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards

Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards

Date: Jul 30, 2010
Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards Introduction In the landmark case of United States v. Mullins and Edwards, the...
Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope

Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope

Date: Jul 24, 2010
Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope Introduction United States of America v. Mark R. Pope, 613 F.3d 1255 (10th Cir. 2010), presents a...
Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox

Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox

Date: Jul 20, 2010
Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox Introduction Thomas Mink v. Susan Knox, 613 F.3d 995, adjudicated by the United States Court of Appeals for...
Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission

Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission

Date: Jul 10, 2010
Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission Introduction The case of Muscogee (Creek) Nation v. Oklahoma Tax Commission...
Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS

Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS

Date: Jul 8, 2010
Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS Introduction Forest Guardians v. United States Fish and Wildlife Service is a...
Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark

Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark

Date: Jul 8, 2010
Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark Introduction The case of Davon Lymon v. Aramark Corporation et al. involves a legal...
Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims

Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims

Date: Jul 2, 2010
Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims Introduction In Martinez v. Target Corporation (384 F....
Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson

Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson

Date: Jun 29, 2010
Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson Introduction United States v. Christopher Wayne Simpson, 609 F.3d 1140 (10th Cir. 2010), presents a critical...
Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010)

Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010)

Date: Jun 24, 2010
Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010) Introduction In the landmark case of THOMAS v. PARKER, decided...
Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus

Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus

Date: Jun 22, 2010
Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus Introduction In the landmark case of Beaux Gordon SINES v. J.M. WILNER, Warden, FCI-Florence, the United States...
Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment

Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment

Date: Jun 22, 2010
Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment Introduction The case of United States v. Salazar, decided by the United States Court of Appeals for...
Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit

Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit

Date: Jun 18, 2010
Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit Introduction The case of Stacy Price and Chad James v. Dale E. Wolford, D.O., et al. revolves around the...
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...
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