affirmation-of-&amp Case Commentaries

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Date: Aug 31, 2025

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)...

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Date: Aug 31, 2025

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing Comprehensive Commentary on Hollis v. Morgan State...

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Date: Aug 31, 2025

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts Commentary on Tim Landholt v. Kendall Corley & Jeanette McBride,...

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges

Date: Aug 31, 2025

Nonbypassable Transmission Riders Under R.C. 4928.05: Ohio Supreme Court Affirms PUCO’s Discretion and Demands Particularized Harm for Discovery Challenges Introduction In In re Application of Ohio...

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Date: Aug 31, 2025

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole Case: Alana M. (Mother) v. State of Alaska, Department of Family & Community Services, Office of...

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

Date: Aug 31, 2025

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties Case: Amye Wallace v. John O’Hara, Supreme Court of the State of Alaska, No. S-19241...

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

Date: Aug 31, 2025

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS Memorandum...

Riverside Reaffirmed: Idaho Supreme Court Confirms Bench-Trier May Resolve Conflicting Inferences at Summary Judgment; No “Rent Substitution” Credit for Affiliate-Funded Construction Absent Proof

Date: Aug 31, 2025

Riverside Reaffirmed: Bench-Trier Summary Judgment and the Limits of “Rent Substitution” under a Triple‑Net Lease Introduction In Erie Properties, LLC v. Global Growth Holdings, Inc., the Idaho...

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming

Date: Aug 31, 2025

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming Introduction In In the Interest of MC, Minor Child:...

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt Judicial Intervention

Date: Aug 31, 2025

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt...

Castro‑Castro v. Bondi: Second Circuit Reaffirms Limits on Reopening and Administrative Closure to Pursue DHS Prosecutorial Discretion; DHS Enforcement Memos Are Not “New Evidence”

Date: Aug 31, 2025

Castro‑Castro v. Bondi: Second Circuit Reaffirms Limits on Reopening and Administrative Closure to Pursue DHS Prosecutorial Discretion; DHS Enforcement Memos Are Not “New Evidence” Court: U.S. Court...

Ambiguity in State Confidentiality Law Defeats “Clearly Established” Prong: Second Circuit Grants Qualified Immunity for VHRC Officials and Confirms the Commission’s Sovereign Immunity

Date: Aug 31, 2025

Ambiguity in State Confidentiality Law Defeats “Clearly Established” Prong: Second Circuit Grants Qualified Immunity for VHRC Officials and Confirms the Commission’s Sovereign Immunity Case: Leise v....

Good-Faith Reliance on Cellphone Warrants with Minimal Nexus: The Second Circuit’s Guidance in United States v. Santos

Date: Aug 31, 2025

Good-Faith Reliance on Cellphone Warrants with Minimal Nexus: The Second Circuit’s Guidance in United States v. Santos Court: U.S. Court of Appeals for the Second Circuit (Summary Order) Date: August...

When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims

Date: Aug 31, 2025

When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims Introduction This commentary analyzes the Second...

O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines

Date: Aug 31, 2025

O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines Introduction In O’Neill v. Deml, No. 23-620 (2d Cir. Aug. 27, 2025),...

After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit

Date: Aug 31, 2025

After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit Introduction In...

Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent

Date: Aug 31, 2025

Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent Introduction In Sudakow v. CleanChoice Energy, Inc., the...

Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025)

Date: Aug 31, 2025

Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025) Introduction United States v. Delgado is a precedential Second Circuit...

CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules: Eleventh Circuit Clarifies in Gonzalez Castillo v. Commissioner

Date: Aug 31, 2025

CDIU Reports as Reliable Hearsay and a Basis to Discount Medical Opinions under Post‑2017 SSA Rules Commentary on: Marta Gonzalez Castillo v. Commissioner of Social Security (11th Cir. Aug. 27, 2025)...

Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security

Date: Aug 31, 2025

Unchallenged Vocational Expert Testimony Suffices at Step Five; No Sua Sponte Duty to Verify Job Numbers: Eleventh Circuit in Screen v. Acting Commissioner of Social Security Court: U.S. Court of...

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