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  • Commentaries
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3d Circuit Case Commentaries

Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety

Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety

Date: Mar 15, 2025
Sentencing Precision in False Statement Firearms Purchases: Balancing Mitigating Factors and Public Safety Introduction The case UNITED STATES OF AMERICA v. ZHI DONG involves an appellant who was...
Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings

Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings

Date: Mar 14, 2025
Clarifying the Standard of Review for Hardship Determinations in Cancellation-of-Removal Proceedings Introduction The case of Situ Kamu Wilkinson v. Attorney General United States of America...
Limiting Compassionate Release Based on Non-Retroactive Law Changes: A Commentary on UNITED STATES OF AMERICA v. SEAN L. HAGINS

Limiting Compassionate Release Based on Non-Retroactive Law Changes: A Commentary on UNITED STATES OF AMERICA v. SEAN L. HAGINS

Date: Mar 13, 2025
Limiting Compassionate Release Based on Non-Retroactive Law Changes Introduction The case of UNITED STATES OF AMERICA v. SEAN L. HAGINS involves a procedural dispute regarding the denial of both a...
Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases

Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases

Date: Mar 13, 2025
Clarifying the Knowledge Requirement in Money Laundering Conspiracy Cases Introduction The case of UNITED STATES OF AMERICA v. OLUGBENGA LAWAL, a/k/a Razak Aolugbengela, addressed intricate issues...
Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment

Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment

Date: Mar 13, 2025
Clarifying Supervised Release Boundaries: Judicial Limits on Pornography Restrictions and the First Amendment Introduction The case of United States of America v. Michael Shane Waggoner addresses...
Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct

Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct

Date: Mar 10, 2025
Judicial Boundaries of Self-Representation: Clarifying the Revocation and Discipline of Pro Se Conduct Introduction The case of United States of America v. James Taric Byrd presents a complex...
Express Authorization in Settlement Agreements: Ensuring Clear Client Consent

Express Authorization in Settlement Agreements: Ensuring Clear Client Consent

Date: Mar 10, 2025
Express Authorization in Settlement Agreements: Ensuring Clear Client Consent Introduction The case under review, SERVIS ONE INC, d/b/a BSI Financial Services, Inc. et al. v. OKS GROUP LLC et al.,...
Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference

Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference

Date: Mar 10, 2025
Municipal Immunity in Inmate Assault Cases: The Limits of Deliberate Indifference Introduction The Judgment in Richard Hightower, Appellant v. City of Philadelphia addresses the question of municipal...
Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims

Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims

Date: Mar 10, 2025
Grand Jury Presentments and the Presumption of Probable Cause: A Clarification in Malicious Prosecution Claims Introduction The case of Carl E. Rodgers v. Pennsylvania State Police involves a civil...
The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases

The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases

Date: Mar 10, 2025
The Limits of Self-Defense: Evaluating Juror Instruction in Federal Detention Cases Introduction The case UNITED STATES OF AMERICA, v. DARRON THOMAS presents a significant judicial exploration of...
De Minimis Procedural Defects in Removal: Affirming District Court Discretion

De Minimis Procedural Defects in Removal: Affirming District Court Discretion

Date: Mar 10, 2025
De Minimis Procedural Defects in Removal: Affirming District Court Discretion Introduction The case of Gilbert M. Martinez, Appellant v. The Commonwealth of Pennsylvania Department of Transportation;...
Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim

Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim

Date: Mar 6, 2025
Defining the Limits of the Sullivan Exception: A Detailed Analysis of Tormasi’s Ineffective Assistance of Counsel Claim Introduction The case of Walter A. Tormasi v. Attorney General New Jersey;...
Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule

Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule

Date: Mar 6, 2025
Clarifying the Timeliness of Appeals in Bankruptcy Proceedings: Strict Adherence to the 14-Day Rule Introduction The case of Hal H. Harris; Terrence A. Colbert, Appellants v. Leticia R. Couttien...
Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard

Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard

Date: Mar 6, 2025
Defining Credible Asylum Claims: Establishing the Independent Particular Social Group Standard Introduction The case of Ronaldo Elias da Silva; Cristina Aparecida de Lana Silva; E.R.D.S.; M.G.D.S. v....
Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims

Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims

Date: Mar 6, 2025
Clarifying Legislative Standing: Reaffirming Limits on Institutional Injury Claims Introduction The case at hand, involving twenty-seven individual Pennsylvania legislators as appellants against...
Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings

Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings

Date: Mar 6, 2025
Clarifying the Petition Date Standard: Unenforceability and the Proof of Claim in Bankruptcy Proceedings Introduction This commentary provides an in‐depth analysis of the recent opinion in In re:...
When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment

When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment

Date: Mar 6, 2025
When Retrial Resets the Pretrial Clock: Clarifying the "Seizure" Element Under the Fourth Amendment Introduction This commentary examines the recent judgment in the case of Nedal Elfar v. Township of...
Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone

Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone

Date: Mar 6, 2025
Clarifying the Heck Doctrine: Unbarred Fabricated Evidence Claims under §1983 in Spone Introduction The case of Raffaella Marie Spone v. Police Officer Matthew J. Reiss et al. presents a multifaceted...
Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence

Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence

Date: Mar 2, 2025
Reassessing Age-Based Firearm Regulations: Integrating Historical Evidence into Modern Second Amendment Jurisprudence Introduction The case of MADISON M. LARA; SOPHIA KNEPLEY; LOGAN D. MILLER; SECOND...
Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases

Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases

Date: Mar 2, 2025
Distinguishing Core and Non-Core Proceedings in Bankruptcy Adversary Cases Introduction In the recent decision of In re: KENNETH J. TAGGART, Debtor v. PHH MORTGAGE CORP; TIAA BANK, the United States...
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