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  • Commentaries
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5th Circuit Case Commentaries

Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability

Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability

Date: Mar 4, 2025
Expanding the Scope of Attorney Immunity: Shielding In-House Legal Counsel from Respondeat Superior Liability Introduction In the recent decision of United States of America, ex rel, Alex Doe,...
New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII

New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII

Date: Mar 2, 2025
New Legal Precedent: Stringent Comparator and Causation Requirements under Title VII Introduction The case of Marcus Thornton v. University of Texas Southwestern Medical Center School of Medicine...
Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech

Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech

Date: Mar 2, 2025
Reaffirming Content-Neutrality and Narrow Tailoring: New Precedents in Regulating Public Speech Introduction The case of Spring Siders, Plaintiff-Appellant, v. City of Brandon, Mississippi,...
Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims

Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims

Date: Mar 2, 2025
Establishing the Proper Temporal Framework for Borderline Age Analysis in Disability Claims Introduction The case of Kevin Mitchell v. Leland Dudek, Acting Commissioner of Social Security, presents a...
Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing: United States v. Lawson Commentary

Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing: United States v. Lawson Commentary

Date: Mar 2, 2025
Establishing Limits on Mitigating-Role Reductions in Drug Courier Sentencing Introduction In the case of United States of America v. Ricky Lawson, the defendant, Ricky Lawson, who pleaded guilty to a...
Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B)

Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Mar 2, 2025
Mere Proximity Insufficient: Redefining Sentencing Enhancements under U.S.S.G. § 2K2.1(b)(6)(B) Introduction In the recent decision of United States of America v. Tedric Deshun Ratcliff, the United...
Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency

Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency

Date: Mar 2, 2025
Exigent Warrantless CSLI Collection and Miranda Waiver: Affirmation under High-Stakes Kidnap Emergency Introduction The Fifth Circuit’s recent decision in United States of America v. Rodrigo Napoles...
Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb

Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb

Date: Feb 28, 2025
Establishing a High Bar for Compassionate Release: A New Precedent from United States v. Comb Introduction The case of United States of America v. Zebadiah Jerome Comb brings into sharp focus the...
Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard

Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard

Date: Feb 28, 2025
Clarifying Inmate Correspondence Regulations: Establishing Reasonable Penological Objectives as a Constitutional Standard Introduction The case of John Henry Clemons, III v. Bobby Lumpkin, Rocky...
Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings

Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings

Date: Feb 28, 2025
Retroactive Annulment of the Automatic Stay: Establishing Broad Discretion in Bankruptcy Foreclosure Proceedings Introduction The case, In the Matter of Ikechukwu H. Okorie Debtor, v. Kimberly R....
Non-Pretextual Enforcement of Weapons Policy: Affirmation of Summary Judgment in Age Discrimination Claims

Non-Pretextual Enforcement of Weapons Policy: Affirmation of Summary Judgment in Age Discrimination Claims

Date: Feb 28, 2025
Non-Pretextual Enforcement of Weapons Policy: Affirmation of Summary Judgment in Age Discrimination Claims Introduction The case of Michael Allen v. FedEx Ground Package System, Incorporated presents...
Explicit Directive Requirement for Appeal Filing: The Precedent Established in United States v. Ibarra

Explicit Directive Requirement for Appeal Filing: The Precedent Established in United States v. Ibarra

Date: Feb 28, 2025
Explicit Directive Requirement for Appeal Filing: The Precedent Established in United States v. Ibarra Introduction The case of United States of America, Plaintiff-Appellee, v. Gerardo Ibarra,...
Clarifying the Limits of Detention and Seizure in Terry Stops: Rincon v. City of Laredo

Clarifying the Limits of Detention and Seizure in Terry Stops: Rincon v. City of Laredo

Date: Feb 28, 2025
Clarifying the Limits of Detention and Seizure in Terry Stops: Rincon v. City of Laredo Introduction The case of Ismael Rincon v. City of Laredo, Texas, Arturo Benavides, Robert Fernandez, Jr., and...
Vacating Sua Sponte Dismissals: Reinforcing Procedural Fairness in Pro Se Civil Rights Cases

Vacating Sua Sponte Dismissals: Reinforcing Procedural Fairness in Pro Se Civil Rights Cases

Date: Feb 28, 2025
Vacating Sua Sponte Dismissals: Reinforcing Procedural Fairness in Pro Se Civil Rights Cases Introduction This commentary examines the United States Court of Appeals, Fifth Circuit’s recent decision...
Refining the Evidentiary Threshold in TCHRA Disability Claims: Precedents and Summary Judgment Analysis

Refining the Evidentiary Threshold in TCHRA Disability Claims: Precedents and Summary Judgment Analysis

Date: Feb 28, 2025
Refining the Evidentiary Threshold in TCHRA Disability Claims: Precedents and Summary Judgment Analysis Introduction This commentary examines the recent appellate decision in David Diaz,...
Refining the 'Digits of Confusion' Analysis: A Comprehensive Commentary on Rampart Resources v. Rampart/Wurth

Refining the 'Digits of Confusion' Analysis: A Comprehensive Commentary on Rampart Resources v. Rampart/Wurth

Date: Feb 28, 2025
Refining the 'Digits of Confusion' Analysis: A Comprehensive Commentary on Rampart Resources v. Rampart/Wurth Introduction The case of Rampart Resources, Incorporated v. Rampart/Wurth Holding,...
Redefining the Boundaries of Community Caretaking: Limits on Warrantless Searches and Use of Deadly Force in Home Settings

Redefining the Boundaries of Community Caretaking: Limits on Warrantless Searches and Use of Deadly Force in Home Settings

Date: Feb 28, 2025
Redefining the Boundaries of Community Caretaking: Limits on Warrantless Searches and Use of Deadly Force in Home Settings Introduction The case of David Bakutis, as Temporary Administrator for the...
Clarifying Child Endangerment Under Texas Penal Code § 22.041: Evidentiary Sufficiency, Mens Rea, and Indictment Amendments in Flores

Clarifying Child Endangerment Under Texas Penal Code § 22.041: Evidentiary Sufficiency, Mens Rea, and Indictment Amendments in Flores

Date: Feb 24, 2025
Clarifying Child Endangerment Under Texas Penal Code § 22.041: Evidentiary Sufficiency, Mens Rea, and Indictment Amendments in Flores Introduction The case of United States of America,...
Temporal and Spatial Nexus in Firearm Enhancement: Establishing Constructive Possession in Alien-Transportation Cases

Temporal and Spatial Nexus in Firearm Enhancement: Establishing Constructive Possession in Alien-Transportation Cases

Date: Feb 24, 2025
Temporal and Spatial Nexus in Firearm Enhancement: Establishing Constructive Possession in Alien-Transportation Cases Introduction The recent judgment in United States of America, Plaintiff-Appellee,...
Enhanced Discretionary Weight in Sentencing: Affirming Judicial Balancing of Aggravating and Mitigating Factors

Enhanced Discretionary Weight in Sentencing: Affirming Judicial Balancing of Aggravating and Mitigating Factors

Date: Feb 24, 2025
Enhanced Discretionary Weight in Sentencing: Affirming Judicial Balancing of Aggravating and Mitigating Factors Introduction The case of United States of America, Plaintiff-Appellee, v. Xavier Duhon,...
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