Sixth Circuit’s Conscience-Shocking Threshold in State-Created Danger Claims Introduction William Myre et al. v. Oxford Community School District, decided March 20, 2025 by the Sixth Circuit, arises...
“Shock‐the‐Conscience” Limits on State‐Created Danger Claims Against School Officials Introduction In the wake of the November 30, 2021 Oxford High School shooting—where a fifteen-year-old student,...
Affirmation of the Narrow “Conscience-Shocking” Standard Under the State-Created Danger Doctrine Introduction In Nicholette Asciutto v. Oxford Community School District, the Sixth Circuit addressed...
Clarifying the Conscience-Shocking Requirement in State-Created Danger Claims: Mueller v. Oxford Community School District Introduction In Mueller v. Oxford Community School District, 6th Cir. No....
Admissibility of Contemporaneous Carjacking Evidence to Prove Specific Intent Under Rule 404(b): United States v. Glenn Miller Introduction The Court of Appeals for the Sixth Circuit in United States...
Tax Implications of Government Ownership in Criminal Forfeiture: IRS Ownership of Forfeited IRA Not Taxable as Income Introduction This commentary examines the Sixth Circuit’s decision in Lonnie...
Affirming Legitimate Disciplinary Grounds: A Precedent on Misconduct and Discrimination Claims Introduction The United States Court of Appeals for the Sixth Circuit, in its per curiam opinion dated...
Affirming Judicial Equitable Authority in Treaty Fishing Rights: The 2023 Decree Precedent Introduction The Judgment under review arises from the long-standing litigation concerning treaty-protected...
New Precedent in Sentencing Drug Conspiracies: Cash Conversion Methodology and Leadership-Role Enhancements Introduction The judgment rendered by the United States Court of Appeals for the Sixth...
Upholding Franchise Consent Requirements: Enforceability of the 1965 Dairy Queen Agreement in a Modern Landscape Introduction In the case of Oakland Family Restaurants, Inc.; Lake Area Restaurants,...
Establishing the "Inherently Transitory" Exception: A New Paradigm in Class-Action Mootness for Pretrial Detention Cases Introduction The Judgment in Bradley Patton, on behalf of himself and others...
Affirmation of Limited Adjustment in Sentence Reduction: A New Precedent on Retroactive Guidelines Amendments in §3582(c)(2) Proceedings Introduction The case of United States of America,...
Clarifying “During and In Relation To” in §924(c): Insights from United States v. Charles Ray Edwards, Jr. Introduction The judgment in United States of America v. Charles Ray Edwards, Jr., as...
Harmless Error and the Jury’s Role in ACCA Sentencing: Sixth Circuit Clarification Introduction The United States Court of Appeals for the Sixth Circuit recently addressed several pivotal issues in...
No Jurisdiction to Review Extreme Hardship Determinations in Immigration Waiver Discretion: A New Precedent Introduction The case of Nuzaira Mahfuz Rahman v. Pamela Bondi, Attorney General presents a...
New Precedent on Qualified Immunity and Fabricated Evidence in §1983 Cases Introduction The United States Court of Appeals for the Sixth Circuit has recently issued a comprehensive judgment in the...
Reassessing Defense Counsel’s Duty in Mitigation Investigations Under Strickland and AEDPA: A Commentary on Karu Gene White v. Laura Plappert Introduction The case of Karu Gene White v. Laura...
Qualified Immunity Reexamined: New Precedents on Deliberate Indifference and Excessive Force in Pretrial Detainee Cases Introduction The judgment in Heather Hulon, Plaintiff-Appellee, v. City of...
General Bostic Objections Do Not Preserve Procedural Sentencing Claims; Rule 32(h) Notice Is Not Required for Upward Variances I. Introduction In United States v. Cornell James Harp (6th Cir. Mar....
Internal Misconduct Investigations, Without Severe or Pervasive Harassment, Do Not Support Retaliatory Hostile Work Environment Claims; Temporal Proximity Alone Does Not Show Pretext Case: Peter Gumm...