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  • Commentaries
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10th Circuit Case Commentaries

Legal Commentary: Jenkins v. Currier Establishes No Warrant Required for State Re-Arrest of Erroneously Released Prisoners

Legal Commentary: Jenkins v. Currier Establishes No Warrant Required for State Re-Arrest of Erroneously Released Prisoners

Date: Jan 24, 2008
No Warrant Required for State Re-Arrest of Erroneously Released Prisoners: Insights from Jenkins v. Currier Introduction Jenkins v. Currier is a significant appellate case decided by the United...
Qualified Immunity Reinforced in Sheryl CLARK v. SUMMIT COUNTY SHERIFF

Qualified Immunity Reinforced in Sheryl CLARK v. SUMMIT COUNTY SHERIFF

Date: Jan 24, 2008
Qualified Immunity Reinforced in Sheryl CLARK v. SUMMIT COUNTY SHERIFF Introduction Sheryl Clark v. Da, 513 F.3d 1219 (10th Cir. 2008), is a significant case in the realm of civil rights litigation,...
Younger Abstention Applied to Section 1983 Parental Rights Claims: Fisher v. Lynch et al.

Younger Abstention Applied to Section 1983 Parental Rights Claims: Fisher v. Lynch et al.

Date: Jan 23, 2008
Younger Abstention Applied to Section 1983 Parental Rights Claims: Fisher v. Lynch et al. Introduction Fisher v. Lynch et al. is a pivotal case adjudicated by the United States District Court for the...
Clarifying Material Adversity in Retaliation Claims under Title VII: The Somoza v. University of Denver Decision

Clarifying Material Adversity in Retaliation Claims under Title VII: The Somoza v. University of Denver Decision

Date: Jan 19, 2008
Clarifying Material Adversity in Retaliation Claims under Title VII: The Somoza v. University of Denver Decision Introduction In Oscar U. Somoza and Miriam Bornstein-Gómez v. University of Denver,...
Affirmation of Operational Efficiency Consideration in Forest Service Permitting: Tenth Circuit's Guidance on NFMA and NEPA Compliance

Affirmation of Operational Efficiency Consideration in Forest Service Permitting: Tenth Circuit's Guidance on NFMA and NEPA Compliance

Date: Jan 16, 2008
Affirmation of Operational Efficiency Consideration in Forest Service Permitting: Tenth Circuit's Guidance on NFMA and NEPA Compliance Introduction The case of CITIZENS' COMMITTEE TO SAVE OUR...
Affirmation of Reasonable Suspicion in Traffic Stops and Firearm Possession in Drug Trafficking Cases: United States v. Burkley

Affirmation of Reasonable Suspicion in Traffic Stops and Firearm Possession in Drug Trafficking Cases: United States v. Burkley

Date: Jan 16, 2008
Affirmation of Reasonable Suspicion in Traffic Stops and Firearm Possession in Drug Trafficking Cases: United States v. Burkley Introduction The case of United States of America v. Derrick A. Burkley...
United States v. Martinez: Upholding Interstate Traffic Stop Legality and Inevitable Discovery

United States v. Martinez: Upholding Interstate Traffic Stop Legality and Inevitable Discovery

Date: Jan 16, 2008
United States v. Martinez: Upholding Interstate Traffic Stop Legality and Inevitable Discovery Introduction United States v. Martinez is a pivotal case adjudicated by the United States Court of...
Establishing Rigorous Standards for Expert Testimony under Fed. R. Evid. 702: Insights from U.S.A. v. Crabbe and Rowan

Establishing Rigorous Standards for Expert Testimony under Fed. R. Evid. 702: Insights from U.S.A. v. Crabbe and Rowan

Date: Jan 15, 2008
Establishing Rigorous Standards for Expert Testimony under Fed. R. Evid. 702: Insights from United States v. Crabbe and Rowan Introduction In the landmark case of United States of America v. William...
Comprehensive Commentary on Hamby v. Astrue: Enhanced Evaluation of Residual Functional Capacity in Disability Determinations

Comprehensive Commentary on Hamby v. Astrue: Enhanced Evaluation of Residual Functional Capacity in Disability Determinations

Date: Jan 8, 2008
Enhanced Evaluation of Residual Functional Capacity in Disability Determinations: Insights from Hamby v. Astrue Introduction Hamby v. Astrue is a pivotal case adjudicated by the United States Court...
Tenth Circuit Clarifies Standards for Proving Fraudulent Asset Concealment in Bankruptcy Discharge Denials

Tenth Circuit Clarifies Standards for Proving Fraudulent Asset Concealment in Bankruptcy Discharge Denials

Date: Jan 8, 2008
Tenth Circuit Clarifies Standards for Proving Fraudulent Asset Concealment in Bankruptcy Discharge Denials Introduction The case of In re Daniel Da v. Warren; Kathleen Ann Warren (512 F.3d 1241,...
Tenth Circuit Upholds Summary Judgment for School District on Title IX Claims of Student-On-Student Sexual Harassment

Tenth Circuit Upholds Summary Judgment for School District on Title IX Claims of Student-On-Student Sexual Harassment

Date: Jan 5, 2008
Tenth Circuit Upholds Summary Judgment for School District on Title IX Claims of Student-On-Student Sexual Harassment Introduction In the appellate case Kristine Rost, as parent and next friend of...
Revisiting the Sequential Evaluation Process: Bowman v. Astrue

Revisiting the Sequential Evaluation Process: Bowman v. Astrue

Date: Jan 5, 2008
Revisiting the Sequential Evaluation Process: Bowman v. Astrue Introduction Bowman v. Astrue, 10th Circuit Court of Appeals, 2008, is a pivotal case that scrutinizes the procedural integrity of the...
Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard

Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard

Date: Jan 3, 2008
Affirmation of Qualified Immunity in Excessive Force Claims: Tenth Circuit Upholds Police Use of Deadly Force Standard Introduction In the landmark case Estate of Lyle Eugene Larsen v. Randy Murr,...
Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary

Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary

Date: Dec 29, 2007
Exhaustion of Administrative Remedies under the PLRA: Insights from Fields v. Oklahoma State Penitentiary Introduction Ernie Joe Fields v. Oklahoma State Penitentiary is a notable case adjudicated by...
Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case

Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case

Date: Dec 28, 2007
Reinforcing the Necessity of Protected Property Interests in Due Process Claims: Tenth Circuit Upholds Dismissal in Blacklisting Employment Case Introduction In the landmark case David Teigen and...
Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer

Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer

Date: Dec 27, 2007
Establishing Personal Jurisdiction over Foreign Corporations: Insights from Melea v. Jawer Introduction The case Melea, Limited et al. v. Jawer S.A., et al., decided by the United States Court of...
EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue

EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue

Date: Dec 21, 2007
EAJA Attorney’s Fees Awarded to Prevailing Party and Subject to Administrative Offset: Manning v. Astrue Introduction In Janet C. Manning v. Michael J. Astrue, the United States Court of Appeals for...
Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley

Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley

Date: Dec 21, 2007
Affirmation of Property Rights: Rejection of Adverse Possession and Prescriptive Easement Claims in Weyerhaeuser Co. v. Brantley Introduction Weyerhaeuser Company v. Carl Brantley, 510 F.3d 1256...
Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act

Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act

Date: Dec 21, 2007
Williams v. United States: Reinforcing the Integrity of the Speedy Trial Act Introduction United States of America, Plaintiff-Appellee, v. Demarco Deon Williams, Defendant-Appellant is a pivotal case...
Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton

Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton

Date: Dec 19, 2007
Withdrawing a Guilty Plea Based on Ineffective Assistance of Counsel: Analysis of United States v. Hamilton Introduction The case of United States of America v. Duane Hamilton, 510 F.3d 1209 (10th...
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