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  • Commentaries
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U.S. Supreme Court Case Commentaries

Bias Response Teams and the Right to Challenge University Policies: Establishing New Standards for First Amendment Standing

Bias Response Teams and the Right to Challenge University Policies: Establishing New Standards for First Amendment Standing

Date: Mar 5, 2025
Bias Response Teams and the Right to Challenge University Policies: Establishing New Standards for First Amendment Standing Introduction The case of Speech First, Inc. v. Pamela Whitten, et al....
Upholding Corporate Separateness: Redefining "Defendant's Profits" Under the Lanham Act

Upholding Corporate Separateness: Redefining "Defendant's Profits" Under the Lanham Act

Date: Mar 2, 2025
Upholding Corporate Separateness: Redefining "Defendant's Profits" Under the Lanham Act Introduction The Supreme Court’s recent decision in Dewberry Group, Inc. fka Dewberry Capital Corporation v....
Voluntary Dismissal Without Prejudice Recognized as a "Final Proceeding" Under Rule 60(b)

Voluntary Dismissal Without Prejudice Recognized as a "Final Proceeding" Under Rule 60(b)

Date: Mar 2, 2025
Voluntary Dismissal Without Prejudice Recognized as a "Final Proceeding" Under Rule 60(b) Introduction The Supreme Court’s decision in Gary Waetzig v. Halliburton Energy Services, Inc. establishes a...
New Precedent: Enduring Judicial Relief Required for Prevailing Party Status under §1988(b)

New Precedent: Enduring Judicial Relief Required for Prevailing Party Status under §1988(b)

Date: Mar 1, 2025
New Precedent: Enduring Judicial Relief Required for Prevailing Party Status under §1988(b) Introduction This commentary analyzes the United States Supreme Court’s decision in the case of GERALD F....
Reconciling the Hatch Rule with Double Jeopardy: A New Frontier in Dismissal Standards

Reconciling the Hatch Rule with Double Jeopardy: A New Frontier in Dismissal Standards

Date: Feb 28, 2025
Reconciling the Hatch Rule with Double Jeopardy: A New Frontier in Dismissal Standards Introduction The case of John Kevin Woodward v. California, et al. presents a complex intersection between state...
Realigning Federal Tort Liability: A Call to Overrule the Feres Doctrine

Realigning Federal Tort Liability: A Call to Overrule the Feres Doctrine

Date: Feb 28, 2025
Realigning Federal Tort Liability: A Call to Overrule the Feres Doctrine Introduction The case of RYAN G. CARTER, et al. v. UNITED STATES revisits one of the most controversial doctrines in federal...
Prosecutorial Duty to Correct False Testimony: A New Precedent in Napue Violations and Post‐Conviction Review

Prosecutorial Duty to Correct False Testimony: A New Precedent in Napue Violations and Post‐Conviction Review

Date: Feb 28, 2025
Prosecutorial Duty to Correct False Testimony: A New Precedent in Napue Violations and Post‐Conviction Review I. Introduction The Supreme Court’s judgment in Richard Eugene Glossip v. Oklahoma has...
Establishing the 'In-the-Presence' Requirement: A New Inquiry into Warrantless Misdemeanor Arrests Under the Fourth Amendment

Establishing the 'In-the-Presence' Requirement: A New Inquiry into Warrantless Misdemeanor Arrests Under the Fourth Amendment

Date: Feb 28, 2025
Establishing the 'In-the-Presence' Requirement: A New Inquiry into Warrantless Misdemeanor Arrests Under the Fourth Amendment Introduction The case of Victor Javier Grandia Gonzalez v. United States...
Reassessing Content-Neutrality in Buffer Zone Cases: The Erosion of Hill's Precedent

Reassessing Content-Neutrality in Buffer Zone Cases: The Erosion of Hill's Precedent

Date: Feb 28, 2025
Reassessing Content-Neutrality in Buffer Zone Cases: The Erosion of Hill's Precedent Introduction The case of Coalition Life v. City of Carbondale, Illinois, presents a significant moment in the...
Overcoming the Catch-22: Preemption of State Administrative-Exhaustion Requirements in §1983 Unemployment Claims

Overcoming the Catch-22: Preemption of State Administrative-Exhaustion Requirements in §1983 Unemployment Claims

Date: Feb 24, 2025
Overcoming the Catch-22: Preemption of State Administrative-Exhaustion Requirements in §1983 Unemployment Claims Introduction The recent Supreme Court decision in Nancy Williams, et al. v. Greg Reed,...
Tracing Is Essential: Clarifying the Commercial Nexus Requirement in the FSIA Expropriation Exception

Tracing Is Essential: Clarifying the Commercial Nexus Requirement in the FSIA Expropriation Exception

Date: Feb 23, 2025
Tracing Is Essential: Clarifying the Commercial Nexus Requirement in the FSIA Expropriation Exception Introduction In this landmark decision, the Supreme Court has provided a significant...
E-Rate Reimbursement Requests as FCA "Claims": Government’s Provision of Funds Through Treasury Deposits

E-Rate Reimbursement Requests as FCA "Claims": Government’s Provision of Funds Through Treasury Deposits

Date: Feb 23, 2025
E-Rate Reimbursement Requests as FCA "Claims": Government’s Provision of Funds Through Treasury Deposits Introduction In the landmark decision 604 U.S. (2025) v. UNITED STATES, ex rel. TODD HEATH...
Recalibrating Equitable Jurisdiction: The Limits of Executive Removal and the Scope of Temporary Restraining Orders

Recalibrating Equitable Jurisdiction: The Limits of Executive Removal and the Scope of Temporary Restraining Orders

Date: Feb 23, 2025
Recalibrating Equitable Jurisdiction: The Limits of Executive Removal and the Scope of Temporary Restraining Orders Introduction The case of Scott Bessent, Secretary of the Treasury, et al. v....
AEDPA Compliance in Federal Habeas Review: Insights from 604 U.S. __ (2025) v. David M. Smith

AEDPA Compliance in Federal Habeas Review: Insights from 604 U.S. __ (2025) v. David M. Smith

Date: Jan 31, 2025
AEDPA Compliance in Federal Habeas Review: Insights from 604 U.S. __ (2025) v. David M. Smith Introduction The Supreme Court case 604 U.S. __ (2025) v. David M. Smith Cynthia Davis, Warden addresses...
Affirmation of Due Process Protections Against Unduly Prejudicial Evidence in Criminal Trials

Affirmation of Due Process Protections Against Unduly Prejudicial Evidence in Criminal Trials

Date: Jan 23, 2025
Affirmation of Due Process Protections Against Unduly Prejudicial Evidence in Criminal Trials Introduction The Supreme Court's decision in Brenda Evers Andrew v. Tamika White, Warden, 23-6573 (2025),...
Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Sanchez Carrera

Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Sanchez Carrera

Date: Jan 19, 2025
Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. Introduction The Supreme Court case E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et...
Supreme Court Clarifies Supplemental Jurisdiction Post-Removal in Wullschleger v. Royal Canin

Supreme Court Clarifies Supplemental Jurisdiction Post-Removal in Wullschleger v. Royal Canin

Date: Jan 19, 2025
Supreme Court Clarifies Supplemental Jurisdiction Post-Removal in Wullschleger v. Royal Canin Introduction In the landmark case Wullschleger v. Royal Canin U.S.A., Inc., et al., the Supreme Court of...
Bouarfa v. Mayorkas: Establishing the Discretionary Scope of §1155 in Immigration Petition Revocations

Bouarfa v. Mayorkas: Establishing the Discretionary Scope of §1155 in Immigration Petition Revocations

Date: Dec 12, 2024
Bouarfa v. Mayorkas: Establishing the Discretionary Scope of §1155 in Immigration Petition Revocations Introduction The Supreme Court's decision in Bouarfa v. Mayorkas, 23-583 (2024), addresses a...
Reaffirming Second Amendment Rights: Denial of Certiorari in Wilson v. Hawaii

Reaffirming Second Amendment Rights: Denial of Certiorari in Wilson v. Hawaii

Date: Dec 11, 2024
Reaffirming Second Amendment Rights: Denial of Certiorari in Wilson v. Hawaii Introduction The case of Christopher L. Wilson v. Hawaii addresses critical issues surrounding the Second Amendment and...
Supreme Court Upholds Boston School Committee's Admissions Policy: An In-Depth Analysis

Supreme Court Upholds Boston School Committee's Admissions Policy: An In-Depth Analysis

Date: Dec 11, 2024
Supreme Court Upholds Boston School Committee's Admissions Policy: An In-Depth Analysis Introduction The case of Boston Parent Coalition for Academic Excellence Corp. v. The School Committee for the...
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