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Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law I. Introduction In United...
Fifth Circuit Tightens the Clock: Doe v. City View ISD and the Strict Two-Year Limitations Period for Title IX Claims Introduction Jane Doe 1 v. City View Independent School District (Doe v. City...
Fifth Circuit Clarifies Effect of 2023 Guidelines Amendment: Texas Robbery Still a “Crime of Violence” Introduction United States v. Wickware, No. 24-10519 (5th Cir. July 22 2025), addresses how a...
When “Applicable Law” Isn’t Enough: Fifth Circuit Clarifies the Limits of State Law in Federal Enclaves – A Commentary on Vinales v. AETC II Introduction Vinales v. AETC II, No. 24-50113 (5th Cir....
Strategic Use of Genetic Predisposition Evidence in Capital Sentencing: Wells v. Guerrero and the Scope of Ineffective-Assistance Challenges Introduction In Wells v. Guerrero, No. 24-70002 (5th Cir....
Carter v. City of Shreveport: Fifth Circuit Re-Affirms that the ADA Does Not Create a Medical Standard of Care 1. Introduction In Carter v. City of Shreveport, No. 23-30848 (5th Cir. July 21, 2025),...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
Williams v. BP: Fifth Circuit Re-Affirms Rigorous Daubert Gate-Keeping and Rejects “Feather-Weight” Causation in Deepwater Horizon BELO Claims Introduction Court / Date: United States Court of...
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft I. Introduction In Alexander v. Taft, No. 24-10663 (5th Cir....
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance Introduction The...
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard 1. Introduction In Mar-Jac Poultry MS, L.L.C. v. Secretary, U.S. Department of Labor, No. 24-60026...
“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025) 1. Introduction The United States Court...
“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – Commentary on Traffic Jam Events v. FTC, No. 21-60947 (5th Cir. 2025) 1. Introduction...
United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks Introduction In United States v. Cortez-Zepeda,...
United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3 Introduction The Court of Appeals for the Fifth Circuit, in United States v....
Clarifying Immunity and Rooker-Feldman in Post-Eviction § 1983 Litigation: A Commentary on Kemp v. Powers (5th Cir. 2025) Court: U.S. Court of Appeals for the Fifth Circuit Docket No.: 25-30024 | ...
United States v. Barrow: Fifth Circuit Affirms Officer’s Authority to Extend a Traffic Stop When Investigating a Plate-VIN Discrepancy — Even If the Discrepancy Originates from the Officer’s Own...
Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025) 1. Introduction This commentary examines...