Historically Rooted Medical-Licensing Laws for Telemedicine Speech Survive Heightened First Amendment Review I. Introduction In Shannon MacDonald v. President NJ State Board of Medical Examiners (3d...
Third Circuit Limits § 1225(b)(2)(A) Mandatory Detention to Noncitizens Actively “Seeking Admission” and Requires Bond Hearings for Long-Resident EWI Detainees I. Introduction In Gabriel Buele...
IDEA Two-Year Limitations: Parents’ Knowledge Bars Later Adult Claims, and the Same Clock Governs Parallel ADA/§ 504 Education-Service Claims 1. Introduction In L. W. v. Jersey City Board of...
Third Circuit “Clear Indication” Rule: Bench Warnings Can Trigger Undue Delay for Post-Judgment Amendment; Medical-Pixel Disclosure Suffices for Article III Standing Without Itemizing Conditions I....
Third Circuit: Long-Present “Applicants for Admission” Detained in the Interior Are Not “Seeking Admission” Under INA § 1225(b)(2)(A) and Must Receive Bond Process Under § 1226(a) and the Fifth...
Enforcing Narrow Plea-Agreement Appellate Waivers: Only Suppression Arguments Actually Raised in Carve-Out Filings Survive 1. Introduction United States v. Derrick Polk (3d Cir. Sept. 2, 2026) arises...
Anders Withdrawal After Guilty Plea: Counsel Must Confront Record-Supported Competency Questions, Though Rule 11 Colloquy Can Defeat Plain-Error Relief Introduction In United States v. Dennis Cheston...
Revoked Non‑Prosecution Understandings Are Not Brady Impeachment Material Absent the Witness’s Expectation at Trial (AEDPA Deference Applied) Case: John Koehler v. Secretary Pennsylvania Department...
Due Process Allows a 4:1 Punitive-to-Compensatory Ratio for Exceedingly Reprehensible § 1981 Workplace Racism (and Attorney’s Fees Need Not Enter the Ratio) Case: Patricia Holmes v. American...
Due Process in § 1981 Hostile-Environment Cases: Exceedingly Reprehensible Racism Can Support a 4:1 Punitive-to-Compensatory Ratio (and 2:1 Is Not a Constitutional Ceiling) Patricia Holmes v....
Due Process Permits 4:1 Punitive-to-Compensatory Ratio for Exceedingly Reprehensible § 1981 Racial Harassment Introduction Patricia Holmes v. American HomePatient, Inc. (3d Cir. Aug. 27, 2026) arises...
“Meet ASTM D6751” Unambiguously Requires Technical Compliance for RIN Generation and BMC Credits; Brady Does Not Extend to Impeachment of Non-Testifying Warrant Affiants 1. Introduction In United...
Third Circuit: No Plain-Error Allocution Relief Without Showing a Willingness to Speak; Rule 32 “Good Cause” Allows Late Guideline Objections to Ensure a Correct Range 1. Introduction United States...
“Meet ASTM D6751” Means Technical Compliance for RIN Generation and Biodiesel Tax Credits; Brady/Giglio Does Not Require Impeachment Disclosures for Non‑Testifying Warrant Affiants Case: United...
ASTM D6751 § 1.2 Does Not Create Ambiguity: RFS RIN Generation Requires Up-to-Spec Biodiesel, and Brady/Giglio Do Not Extend to Non-Testifying Warrant Affiants Introduction In United States v. Race...
Overbroad Multi-Unit Warrant Not Suppressed Absent a Franks Showing of Knowing or Reckless Omission 1. Introduction In United States v. Omar Bernard (3d Cir. Sept. 1, 2026) (nonprecedential), the...
Third Circuit Upholds § 922(g)(5)(B): “Allegiance-Based” Historical Tradition Supports Disarming Nonimmigrant Visa Holders Under Bruen I. Introduction In United States v. Diego Aleman-Lozano (3d Cir....
United States v. Walker: Suppression Denied Where Officers Make an Isolated, Non-Grossly-Negligent Mistake in Relying on “Incorporated for All Purposes” Language to Conduct a Hit-and-Hold 1....
United States v. Berger: Machine-Gun Bans Survive Bruen Step Two; NFA Silencer Registration Treated as a Non-Infringing “Shall-Issue” Condition 1. Introduction In United States v. Joseph Berger (3d...
Third Circuit: A Change in Law Is Not a “New Fact” Supporting Statutory Reopening Under 8 U.S.C. § 1229a(c)(7) I. Introduction In Jose Aristy-Rosa v. Attorney General United States of America (3d...