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affirmation-of-&amp Case Commentaries

Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025)

Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025)

Date: Aug 25, 2025
Refining the RLUIPA Substantial-Burden Threshold and Establishment-Clause Neutrality in Prison: A Commentary on Lumsden v. Collier (5th Cir. 2025) Introduction In Lumsden v. Collier, No. 24-50605...
Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock – Commentary on Sarabia v. Noem (2025)

Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock – Commentary on Sarabia v. Noem (2025)

Date: Aug 25, 2025
Fifth Circuit Declares §1503(a) Limitation Non-Jurisdictional & Allows Timely Motions to Reopen to Reset the Clock Commentary on Sarabia v. Noem, No. 24-50750 (5th Cir. Aug. 22, 2025) 1. Introduction...
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. HHS

Date: Aug 25, 2025
Rejecting Per-Se Indispensability: Sixth Circuit Clarifies Rule 19 in Estate of William Plott v. Department of Health & Human Services 1. Introduction The Sixth Circuit’s published decision in Estate...

        “Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold
        for ADA Title II Claims Arising from Alterations to Public Facilities

“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities

Date: Aug 25, 2025
“Equal-Impact, No Violation” – Sixth Circuit Clarifies the Causation Threshold for ADA Title II Claims Arising from Alterations to Public Facilities 1. Introduction In John Reinhart v. City of...
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris

Date: Aug 25, 2025
Harris Stops at the Curb: Sixth Circuit Confirms that Challenges to Drug-Dog Reliability in Warrant Cases Proceed Under Franks, Not Harris Introduction United States v. Jaavaid Alan McCarley-Connin,...
Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Ellis v. Yasenchack (2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals

Date: Aug 25, 2025
Ellis v. Yasenchack (6th Cir. 2025): Sixth Circuit Reinforces the “Concession-of-Facts” Rule in Qualified Immunity Interlocutory Appeals Introduction William Ellis, a Cleveland resident, brought a §...
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene

Date: Aug 25, 2025
Krueger v. Phillips (10th Cir. 2025): Definitive Liability for Prolonged Prone Restraints and the Expanded Duty to Intervene Introduction The United States Court of Appeals for the Tenth Circuit, in...
Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Date: Aug 25, 2025
United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings Introduction United States v. Golestan is the Fourth...
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

Date: Aug 25, 2025
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson Introduction In United States v. Kyrie Thompson,...
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Date: Aug 25, 2025
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens Introduction...
Krueger v. Crockett (2025): The Tenth Circuit’s Definitive Stance on Prolonged Prone Restraints, Post-Restraint Tasers, and Universal Duty to Intervene

Krueger v. Crockett (2025): The Tenth Circuit’s Definitive Stance on Prolonged Prone Restraints, Post-Restraint Tasers, and Universal Duty to Intervene

Date: Aug 25, 2025
Krueger v. Crockett (10th Cir. 2025): Prolonged Prone Restraints, Post-Restraint Tasers, and the Expansive Duty to Intervene Introduction In Krueger v. Crockett, the United States Court of Appeals...
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

Date: Aug 25, 2025
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Date: Aug 25, 2025
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule:  Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

Date: Aug 25, 2025
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
“No Presumptive Incompetence”:  Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

Date: Aug 25, 2025
“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims Introduction Martinez v. Martinez, No. 24-2105 (10th Cir. Aug. 22, 2025), is a...
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Date: Aug 25, 2025
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General Introduction Case: Commonwealth v. Torres (2025 MP...
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) 1. Introduction The...
“No-Offset” Rule for Significantly Excessive Earnings:  Supreme Court of Ohio Clarifies R.C. 4928.143(F)

“No-Offset” Rule for Significantly Excessive Earnings: Supreme Court of Ohio Clarifies R.C. 4928.143(F)

Date: Aug 25, 2025
“No-Offset” Rule for Significantly Excessive Earnings In re Application of Dayton Power & Light Co. (2025-Ohio-2953) Introduction The Supreme Court of Ohio, in In re Application of Dayton Power &...
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Date: Aug 25, 2025
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases Commentary on Kash B. (Father) v. State of Alaska, Department of Family and Community Services, Office of Children’s...
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: 
            Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

Date: Aug 25, 2025
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Nebraska Supreme Court Clarifies Party Concessions in D&M Roofing & Siding v. Distribution, Inc. (319 Neb. 707) 1....
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