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  • Commentaries
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5th Circuit Case Commentaries

SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation

SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation

Date: Mar 26, 2025
SIP Disapprovals Are Locally Applicable Actions; EPA Must Independently Assess State Good Neighbor SIPs But May Not Base Disapprovals on Post‑Submission Modeling Without a Reasoned Explanation...
No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim

No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim

Date: Mar 26, 2025
No Penological Guesswork at Screening: Fifth Circuit Holds Punishment for Refusing a Religious Haircut Plausibly States a RLUIPA ‘Substantial Burden’ and First Amendment Claim Introduction In Johnson...
No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals

No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals

Date: Mar 25, 2025
No Ultra Vires in Temporary BIA Reappointments: § 1103(g)(1) Authorizes Attorney General Reappointments; 8 C.F.R. § 1003.1(a)(4) Imposes No Cap on Renewals Case: Ayala Chapa v. Bondi, No. 21-60039...
Repair-Cost Estimates Alone Are Insufficient to Defeat Summary Judgment under Texas’s Concurrent-Causation Doctrine

Repair-Cost Estimates Alone Are Insufficient to Defeat Summary Judgment under Texas’s Concurrent-Causation Doctrine

Date: Mar 25, 2025
Repair-Cost Estimates Alone Are Insufficient to Defeat Summary Judgment under Texas’s Concurrent-Causation Doctrine Introduction In Mitchell v. Praetorian Insurance, the United States Court of...
Judicial Clarification on Consecutive Revocation Sentencing: The Rosales Decision

Judicial Clarification on Consecutive Revocation Sentencing: The Rosales Decision

Date: Mar 24, 2025
Judicial Clarification on Consecutive Revocation Sentencing: The Rosales Decision Introduction The United States Court of Appeals for the Fifth Circuit issued a significant ruling in United States of...
Clarifying Appellate Limitations on Downward Departures under Amendment 821

Clarifying Appellate Limitations on Downward Departures under Amendment 821

Date: Mar 24, 2025
Clarifying Appellate Limitations on Downward Departures under Amendment 821 Introduction The case of United States of America v. Joel Garcia Elizondo, Jr. addresses a critical issue regarding the...
Establishing Limits on Antitrust Conspiracy Claims: Petitioning Conduct and Refusal to Deal Under Scrutiny

Establishing Limits on Antitrust Conspiracy Claims: Petitioning Conduct and Refusal to Deal Under Scrutiny

Date: Mar 24, 2025
Establishing Limits on Antitrust Conspiracy Claims: Petitioning Conduct and Refusal to Deal Under Scrutiny Introduction This commentary examines the recent decision rendered by the United States...
Clarifying Tax Evasion: Affirmation of Willfulness Without a Fraud or Deceit Requirement

Clarifying Tax Evasion: Affirmation of Willfulness Without a Fraud or Deceit Requirement

Date: Mar 24, 2025
Clarifying Tax Evasion: Affirmation of Willfulness Without a Fraud or Deceit Requirement Introduction The case of United States of America v. Melissa Rose Barrett presents a critical examination of...
Establishing FLSA Enterprise Coverage Through the Handling Clause: A New Precedent

Establishing FLSA Enterprise Coverage Through the Handling Clause: A New Precedent

Date: Mar 24, 2025
Establishing FLSA Enterprise Coverage Through the Handling Clause: A New Precedent Introduction The present Judgment, rendered by the United States Court of Appeals for the Fifth Circuit on March 17,...
United States v. Lehew: Appeal Waivers and Implicit Indigency Analysis Under the JVTA Special Assessment

United States v. Lehew: Appeal Waivers and Implicit Indigency Analysis Under the JVTA Special Assessment

Date: Mar 22, 2025
United States v. Lehew: Appeal Waivers and Implicit Indigency Analysis Under the JVTA Special Assessment Introduction United States v. Lehew (5th Cir. 2025) addresses whether a defendant’s appeal...
Fax Confirmation as Sufficient Proof of FTCA Presentment

Fax Confirmation as Sufficient Proof of FTCA Presentment

Date: Mar 22, 2025
Fax Confirmation as Sufficient Proof of FTCA Presentment 1. Introduction This commentary examines the Fifth Circuit’s landmark decision in Spriggs v. United States, No. 24-30609 (5th Cir. Mar. 21,...
Evaluator Authority as a Prerequisite for Direct Evidence of Discrimination

Evaluator Authority as a Prerequisite for Direct Evidence of Discrimination

Date: Mar 22, 2025
Evaluator Authority as a Prerequisite for Direct Evidence of Discrimination Introduction Coleman v. Chevron Phillips Chemical Company, L.P. is a Fifth Circuit decision addressing allegations of race...
Jackson v. Noem: Establishing the Collateral Consequence Exception to Mootness in Military Vaccine Mandate Cases

Jackson v. Noem: Establishing the Collateral Consequence Exception to Mootness in Military Vaccine Mandate Cases

Date: Mar 21, 2025
Jackson v. Noem: Establishing the Collateral Consequence Exception to Mootness in Military Vaccine Mandate Cases Introduction Jackson v. Noem arises from the Coast Guard’s 2021 requirement that all...
Qualified Immunity and Probable Cause: McClain v. Delgado Clarifies False Arrest Standard in DWI Stops

Qualified Immunity and Probable Cause: McClain v. Delgado Clarifies False Arrest Standard in DWI Stops

Date: Mar 21, 2025
Qualified Immunity and Probable Cause: McClain v. Delgado Clarifies False Arrest Standard in DWI Stops Introduction McClain v. Delgado is a Fifth Circuit decision issued March 20, 2025. It addresses...
Reasonable Accommodation vs. Adverse Action under Title VII: Spencer v. Shell Exploration

Reasonable Accommodation vs. Adverse Action under Title VII: Spencer v. Shell Exploration

Date: Mar 20, 2025
Reasonable Accommodation vs. Adverse Action under Title VII: Spencer v. Shell Exploration Introduction Spencer v. Shell Exploration & Production Co. is a Fifth Circuit decision issued on March 19,...
Fifth Circuit Clarifies Probable Cause in Pedestrian Highway Arrests: Safe-Crossing Irrelevant – Rusanowsky v. City of Dallas

Fifth Circuit Clarifies Probable Cause in Pedestrian Highway Arrests: Safe-Crossing Irrelevant – Rusanowsky v. City of Dallas

Date: Mar 20, 2025
Fifth Circuit Clarifies Probable Cause in Pedestrian Highway Arrests: Safe-Crossing Irrelevant – Rusanowsky v. City of Dallas Introduction The Fifth Circuit’s decision in Rusanowsky v. City of Dallas...
Affirming Established Interpretation: Honest Services Fraud, Insider Trading, and Delegated Regulatory Authority

Affirming Established Interpretation: Honest Services Fraud, Insider Trading, and Delegated Regulatory Authority

Date: Mar 19, 2025
Affirming Established Interpretation: Honest Services Fraud, Insider Trading, and Delegated Regulatory Authority Introduction The Judgment in United States of America, Plaintiff-Appellee, v. Matthew...
Deference to State Execution Protocols: Reaffirming Limits on Eighth Amendment Challenges

Deference to State Execution Protocols: Reaffirming Limits on Eighth Amendment Challenges

Date: Mar 19, 2025
Deference to State Execution Protocols: Reaffirming Limits on Eighth Amendment Challenges Introduction In the recent decision in Jessie Hoffman v. Gary Westcott et al., the United States Court of...
Rooker-Feldman’s Jurisdictional Boundary: Limiting Federal Review of State Court Constitutional Challenges

Rooker-Feldman’s Jurisdictional Boundary: Limiting Federal Review of State Court Constitutional Challenges

Date: Mar 19, 2025
Rooker-Feldman’s Jurisdictional Boundary: Limiting Federal Review of State Court Constitutional Challenges Introduction The present Judgment in Michael Ledet v. State of Louisiana, et al., decided by...
New Federal Preemption Limits on Post–Election Day Ballot Receipt: A Reconsideration of Election Day Finality

New Federal Preemption Limits on Post–Election Day Ballot Receipt: A Reconsideration of Election Day Finality

Date: Mar 19, 2025
New Federal Preemption Limits on Post–Election Day Ballot Receipt: A Reconsideration of Election Day Finality Introduction The present Judgment, rendered by the United States Court of Appeals for the...
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