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  • Commentaries
  • Judgments

1st Circuit Case Commentaries

NIH Cannot Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Where an Appropriations Rider and HHS Regulations Preserve Negotiated Rates

NIH Cannot Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Where an Appropriations Rider and HHS Regulations Preserve Negotiated Rates

Date: Jan 7, 2026
NIH Cannot Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Where an Appropriations Rider and HHS Regulations Preserve Negotiated Rates 1. Introduction In Association of American...
NIH May Not Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Under the Appropriations Rider and HHS Deviation Regulations

NIH May Not Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Under the Appropriations Rider and HHS Deviation Regulations

Date: Jan 7, 2026
NIH May Not Impose an Across-the-Board Indirect-Cost Cap by “Guidance” Under the Appropriations Rider and HHS Deviation Regulations Court: U.S. Court of Appeals for the First Circuit (Rikelman,...
NIH Indirect-Cost Caps Are Unlawful: Appropriations Riders and HHS Deviation Rules Bar Across-the-Board Rates, and APA Jurisdiction Lies for Challenges to Agency-Wide Guidance

NIH Indirect-Cost Caps Are Unlawful: Appropriations Riders and HHS Deviation Rules Bar Across-the-Board Rates, and APA Jurisdiction Lies for Challenges to Agency-Wide Guidance

Date: Jan 7, 2026
NIH Indirect-Cost Caps Are Unlawful: Appropriations Riders and HHS Deviation Rules Bar Across-the-Board Rates, and APA Jurisdiction Lies for Challenges to Agency-Wide Guidance 1. Introduction In...
Citizen Flagpoles, Government Speech, and Viewpoint Discrimination: The First Circuit’s Application of Shurtleff in Scaer v. City of Nashua

Citizen Flagpoles, Government Speech, and Viewpoint Discrimination: The First Circuit’s Application of Shurtleff in Scaer v. City of Nashua

Date: Dec 26, 2025
Citizen Flagpoles, Government Speech, and Viewpoint Discrimination: The First Circuit’s Application of Shurtleff in Scaer v. City of Nashua Introduction In Scaer v. City of Nashua, No. 25‑1356 (1st...
Ramos-Hernandez v. Bondi: Limits on Economic-Status and Family-Based Particular Social Groups in Extortion-Based Asylum Claims

Ramos-Hernandez v. Bondi: Limits on Economic-Status and Family-Based Particular Social Groups in Extortion-Based Asylum Claims

Date: Dec 26, 2025
Ramos-Hernandez v. Bondi: Limits on Economic-Status and Family-Based Particular Social Groups in Extortion-Based Asylum Claims I. Introduction A. The Case in Context In Ramos-Hernandez v. Bondi, No....
Life-With-Parole Modifications for Juvenile Offenders as “New Judgments” Under AEDPA: Commentary on Donovan v. Massachusetts Parole Board

Life-With-Parole Modifications for Juvenile Offenders as “New Judgments” Under AEDPA: Commentary on Donovan v. Massachusetts Parole Board

Date: Dec 26, 2025
Life-With-Parole Modifications for Juvenile Offenders as “New Judgments” Under AEDPA: Commentary on Donovan v. Massachusetts Parole Board I. Introduction The First Circuit’s decision in Donovan v....
Contextual Extortion: United States v. Díaz-Colón and the Scope of Threats under 18 U.S.C. § 875(d) and the Hobbs Act

Contextual Extortion: United States v. Díaz-Colón and the Scope of Threats under 18 U.S.C. § 875(d) and the Hobbs Act

Date: Dec 26, 2025
Contextual Extortion: United States v. Díaz-Colón and the Scope of Threats under 18 U.S.C. § 875(d) and the Hobbs Act I. Introduction The First Circuit’s decision in United States v. Díaz-Colón, No....
United States v. Griffin & Robertson: Zero‑Point Offender Eligibility, Grouping of Fraud Schemes, and Limits on Forfeiture for Financial Aid Fraud

United States v. Griffin & Robertson: Zero‑Point Offender Eligibility, Grouping of Fraud Schemes, and Limits on Forfeiture for Financial Aid Fraud

Date: Dec 20, 2025
United States v. Griffin & Robertson: Zero‑Point Offender Eligibility, Grouping of Fraud Schemes, and Limits on Forfeiture for Financial Aid Fraud I. Introduction This First Circuit decision arises...
United States v. Griffin & Robertson: Traceable Proceeds, Zero-Point Offenders, and Sentencing in Federal Fraud Prosecutions

United States v. Griffin & Robertson: Traceable Proceeds, Zero-Point Offenders, and Sentencing in Federal Fraud Prosecutions

Date: Dec 20, 2025
United States v. Griffin & Robertson: Traceable Proceeds, Zero-Point Offenders, and Sentencing in Federal Fraud Prosecutions I. Introduction United States v. Griffin (consolidated appeals of United...
Tracing Fraud Proceeds and Policing Sentencing Disparity: Commentary on United States v. Robertson

Tracing Fraud Proceeds and Policing Sentencing Disparity: Commentary on United States v. Robertson

Date: Dec 20, 2025
“Traceable” Proceeds, Zero-Point Offenders, and Sentencing Disparity: A Comprehensive Commentary on United States v. Robertson (1st Cir. Dec. 19, 2025) I. Introduction United States v. Robertson is a...
“Rumors, Denials, and Actual Knowledge”: The First Circuit Narrows Title IX Liability and Clarifies State-Created Danger in Hewes v. Gardiner

“Rumors, Denials, and Actual Knowledge”: The First Circuit Narrows Title IX Liability and Clarifies State-Created Danger in Hewes v. Gardiner

Date: Dec 20, 2025
“Rumors, Denials, and Actual Knowledge”: The First Circuit Narrows Title IX Liability and Clarifies State-Created Danger in Hewes v. Gardiner I. Introduction In Hewes v. Gardiner, No. 24-1736 (1st...
Terenzio v. Urena: Substantive Due Process, Voluntary State Care, and the Limits of Government Liability for COVID-19 in Veterans’ Homes

Terenzio v. Urena: Substantive Due Process, Voluntary State Care, and the Limits of Government Liability for COVID-19 in Veterans’ Homes

Date: Dec 20, 2025
Terenzio v. Urena: Substantive Due Process, Voluntary State Care, and the Limits of Government Liability for COVID-19 in Veterans’ Homes I. Introduction In Terenzio v. Urena, No. 24-1244 (1st Cir....
United States v. Abercrombie: Constructive Possession of Firearms in Vehicles Through Integrated Circumstantial Evidence

United States v. Abercrombie: Constructive Possession of Firearms in Vehicles Through Integrated Circumstantial Evidence

Date: Dec 18, 2025
United States v. Abercrombie: Constructive Possession of Vehicle Firearms Proven by a Circumstantial “Mosaic” I. Introduction In United States v. Abercrombie, Nos. 24‑1474 & 24‑1867 (1st Cir. Dec....
United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops

United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops

Date: Dec 18, 2025
United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops I. Introduction United States v. Abercrombie, Nos. 24‑1474 & 24‑1867 (1st Cir. Dec. 16,...
Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Date: Dec 14, 2025
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

Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Date: Dec 14, 2025
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

Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Date: Dec 14, 2025
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

Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
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

Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
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. 2025)

Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert (1st Cir. 2025)

Date: Dec 13, 2025
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...
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