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  • Commentaries
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11th Circuit Case Commentaries

Public Employee Speech and Process Rights: Affirming Qualified Immunity and Narrowing the Public Concern Exception in Daniel Kang

Public Employee Speech and Process Rights: Affirming Qualified Immunity and Narrowing the Public Concern Exception in Daniel Kang

Date: Mar 13, 2025
Public Employee Speech and Process Rights: Affirming Qualified Immunity and Narrowing the Public Concern Exception in Daniel Kang Introduction This commentary discusses the United States Court of...
Establishing Reliable Restitution and Sentencing Standards in Child Pornography Cases

Establishing Reliable Restitution and Sentencing Standards in Child Pornography Cases

Date: Mar 13, 2025
Establishing Reliable Restitution and Sentencing Standards in Child Pornography Cases Introduction The case of UNITED STATES OF AMERICA v. Moises Abraham Sotelo presents a landmark decision by the...
Establishing Strict Compliance in Pro Se Litigation: The Imperative of Responding to Judicial Inquiries

Establishing Strict Compliance in Pro Se Litigation: The Imperative of Responding to Judicial Inquiries

Date: Mar 13, 2025
Establishing Strict Compliance in Pro Se Litigation: The Imperative of Responding to Judicial Inquiries Introduction The Judgment in Lillie M. Middlebrooks, Heirs of Shirley Hill Middlebrooks v. City...
Reaffirming Deference to Strategic Defense Choices and Federal-Exhaustion Requirements in Habeas Review: DiTullio v. Secretary, Department of Corrections

Reaffirming Deference to Strategic Defense Choices and Federal-Exhaustion Requirements in Habeas Review: DiTullio v. Secretary, Department of Corrections

Date: Mar 13, 2025
Reaffirming Deference to Strategic Defense Choices and Federal-Exhaustion Requirements in Habeas Review: DiTullio v. Secretary, Department of Corrections Introduction DiTullio v. Secretary,...
United States v. Lott: Validating Probable Cause from Recorded Jail Calls and Permissible Lay Opinion in Drug Conspiracy Prosecutions

United States v. Lott: Validating Probable Cause from Recorded Jail Calls and Permissible Lay Opinion in Drug Conspiracy Prosecutions

Date: Mar 13, 2025
United States v. Johnnie Lott: Validating Probable Cause from Recorded Jail Calls and Permissible Lay Opinion in Drug Conspiracy Prosecutions Introduction In United States v. Johnnie Lott (11th Cir....
“Finality Requirement in Multi-Count Indictments: Partial Sentencing Not Appealable Pending Resolution of All Counts”

“Finality Requirement in Multi-Count Indictments: Partial Sentencing Not Appealable Pending Resolution of All Counts”

Date: Mar 13, 2025
Finality Requirement in Multi-Count Indictments: Partial Sentencing Not Appealable Pending Resolution of All Counts Introduction United States v. Nicholas Craig Woozencroft is a per curiam decision...
Clarifying the “Unable or Unwilling to Protect” Standard in Asylum and Torture Claims

Clarifying the “Unable or Unwilling to Protect” Standard in Asylum and Torture Claims

Date: Mar 13, 2025
Clarifying the “Unable or Unwilling to Protect” Standard in Asylum and Torture Claims Introduction Gleicielle Da Silva Souza, a Brazilian national, sought asylum, withholding of removal, and...
Jurisdictional Boundaries and Discretion in 28 U.S.C. § 1782 Discovery – Absolute Activist Value Master Fund Limited v. Devine

Jurisdictional Boundaries and Discretion in 28 U.S.C. § 1782 Discovery – Absolute Activist Value Master Fund Limited v. Devine

Date: Mar 12, 2025
Jurisdictional Boundaries and Discretion in 28 U.S.C. § 1782 Discovery — Absolute Activist Value Master Fund Limited v. Devine Introduction This consolidated appeal arises from a complex, multi-forum...
Clarifying Obstruction-of-Justice Enhancements for Perjury and Appeal Requirements for Restitution Amendments: United States v. Nkorina

Clarifying Obstruction-of-Justice Enhancements for Perjury and Appeal Requirements for Restitution Amendments: United States v. Nkorina

Date: Mar 12, 2025
Clarifying Obstruction-of-Justice Enhancements for Perjury and Appeal Requirements for Restitution Amendments: United States v. Nkorina Introduction United States v. Serge Nkorina (11th Cir. 2025)...
Absolute Activist v. Devine: Limits on Post-Dismissal Jurisdiction and “Found” Standard under 28 U.S.C. § 1782

Absolute Activist v. Devine: Limits on Post-Dismissal Jurisdiction and “Found” Standard under 28 U.S.C. § 1782

Date: Mar 12, 2025
Absolute Activist v. Devine: Limits on Post-Dismissal Jurisdiction and “Found” Standard under 28 U.S.C. § 1782 1. Introduction This consolidated opinion of the Eleventh Circuit addresses four related...
Daker v. Owens: Mootness of Interlocutory Appeals and Merger of Preliminary Injunction Orders into Final Judgment

Daker v. Owens: Mootness of Interlocutory Appeals and Merger of Preliminary Injunction Orders into Final Judgment

Date: Mar 12, 2025
Daker v. Owens: Mootness of Interlocutory Appeals and Merger of Preliminary Injunction Orders into Final Judgment Introduction Waseem Daker, a Georgia state prisoner serving a life sentence, filed a...
Clarifying Jurisdiction and Finality in Protective Orders and §1782 Petitions Post-Dismissal

Clarifying Jurisdiction and Finality in Protective Orders and §1782 Petitions Post-Dismissal

Date: Mar 12, 2025
Clarifying Jurisdiction and Finality in Protective Orders and §1782 Petitions Post-Dismissal Introduction Absolute Activist Value Master Fund Limited and related entities (“the Funds”) sued Susan...
Personal Jurisdiction as Basis for 28 U.S.C. §1782 Assistance and the Mootness of Protective Order Appeals Post-Voluntary Dismissal

Personal Jurisdiction as Basis for 28 U.S.C. §1782 Assistance and the Mootness of Protective Order Appeals Post-Voluntary Dismissal

Date: Mar 12, 2025
Personal Jurisdiction as Basis for 28 U.S.C. §1782 Assistance and the Mootness of Protective Order Appeals Post-Voluntary Dismissal Introduction In Re: Request of Susan Devine for Judicial Assistance...
Reconceptualizing FCC Enforcement: New Precedents on Note 11 and Statutory Authority in Network Affiliation Transactions

Reconceptualizing FCC Enforcement: New Precedents on Note 11 and Statutory Authority in Network Affiliation Transactions

Date: Mar 11, 2025
Reconceptualizing FCC Enforcement: New Precedents on Note 11 and Statutory Authority in Network Affiliation Transactions Introduction The Judgment in Gray Television, Inc. v. Federal Communications...
Prejudice and Performance: Affirming the Limits of Ineffective Assistance in Plea Withdrawal

Prejudice and Performance: Affirming the Limits of Ineffective Assistance in Plea Withdrawal

Date: Mar 11, 2025
Prejudice and Performance: Affirming the Limits of Ineffective Assistance in Plea Withdrawal Introduction The case, UNITED STATES OF AMERICA v. CHRISTOPHER MAYO, presents a complex exploration of...
Reaffirming the Nexus Requirement in Family-Based Asylum Claims

Reaffirming the Nexus Requirement in Family-Based Asylum Claims

Date: Mar 11, 2025
Reaffirming the Nexus Requirement in Family-Based Asylum Claims Introduction The case of Enedina Liset Ramirez-Lopez and Kimberly Maydaly Chavez-Ramirez v. U.S. Attorney General presents a critical...
Affirming District Court Discretion: New Precedents on Compassionate Release and Counsel Appointment in Post‐Conviction Proceedings

Affirming District Court Discretion: New Precedents on Compassionate Release and Counsel Appointment in Post‐Conviction Proceedings

Date: Mar 11, 2025
Affirming District Court Discretion: New Precedents on Compassionate Release and Counsel Appointment in Post‐Conviction Proceedings Introduction The case of UNITED STATES OF AMERICA v. ASERIAL JONES...
Establishing the Independence and Adequacy of State Procedural Grounds in Federal Habeas Corpus Appeals

Establishing the Independence and Adequacy of State Procedural Grounds in Federal Habeas Corpus Appeals

Date: Mar 8, 2025
Establishing the Independence and Adequacy of State Procedural Grounds in Federal Habeas Corpus Appeals Introduction This commentary examines the recent decision in Pleadro J. Scott v. Secretary,...
Clarifying the Evaluation of Medical Opinions in Disability Claims: A New Standard in Assessing Residual Functional Capacity

Clarifying the Evaluation of Medical Opinions in Disability Claims: A New Standard in Assessing Residual Functional Capacity

Date: Mar 8, 2025
Clarifying the Evaluation of Medical Opinions in Disability Claims: A New Standard in Assessing Residual Functional Capacity Introduction The case of Philip Theil v. Commissioner, Social Security...
Jurisdictional Limits on Reviewing Untimely Asylum Filings and Credibility Determinations

Jurisdictional Limits on Reviewing Untimely Asylum Filings and Credibility Determinations

Date: Mar 8, 2025
Jurisdictional Limits on Reviewing Untimely Asylum Filings and Credibility Determinations Introduction In the case of Marvin Antonio Laguna Rivera v. U.S. Attorney General, the United States Court of...
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