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Prospective Defunding, Not Punishment: Planned Parenthood Federation of America, Inc. v. Kennedy and the Limits of Bill of Attainder and Unconstitutional‑Conditions Challenges 1. Introduction The...
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy I. Introduction In Planned Parenthood Federation...
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly I. Introduction The First Circuit’s decision in Garrey v. Kelly, No. 21‑1197 (1st Cir. Dec. 12, 2025), sits...
Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert I. Introduction The First Circuit’s decision in Orkin v. Albert, Nos....
Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert I. Introduction Orkin v. Albert, a December 11, 2025 decision of the U.S....
Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert, 1st Cir. Dec. 11, 2025 I. Introduction Orkin v. Albert is a dense and important...
United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction I. Introduction In United States v. Yu, Nos. 23‑1585 & 24‑1325 (1st Cir....
United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release I. Introduction The First Circuit’s decision in United States v. Yu is...
Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims Commentary on De La Cruz‑Quispe v. Bondi, No. 25‑1421 (1st Cir. Dec. 5, 2025) I....
Rule 67 Deposits, Mootness, and Prevailing-Party Fees: A Commentary on Cruz v. UIA (1st Cir. 2025) I. Introduction Cruz v. Unión Independiente Auténtica de los Empleados de la Autoridad de Acueductos...
Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction I. Introduction In Dor v. Bondi, No. 25-1278 (1st Cir. Dec. 1, 2025), the First Circuit...
Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act Commentary on United States, ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC (1st Cir. Dec. 1, 2025) I....
United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses Introduction This First Circuit decision...
Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims I. Introduction In Restrepo Castano v. Bondi, No. 24‑2117 (1st...
United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines I. Introduction The First Circuit’s decision in United States v. Tang,...
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable A Comprehensive Commentary on Jensen v. Rhode Island Cannabis Control Commission,...
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz I. Introduction In United States v. Medina‑Ortiz, No. 24‑1233 (1st Cir. Nov. 24, 2025), the...
Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains I. Introduction The First Circuit’s decision in...
Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements I. Introduction The First Circuit’s decision in Gibson Foundation, Inc. v. Norris, No....
Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer I. Introduction This commentary analyzes the First Circuit’s...