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  • Commentaries
  • Judgments

affirmation-of-combination-jury-instructions-in-murder-conviction-upholds-kentucky& Case Commentaries

Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Date: Jun 30, 2025
Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability Introduction United States v. Demetris Campbell, No. 24-3142 (7th Cir....
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

Date: Jun 30, 2025
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations 1. Introduction In United States v. Gregory Harris,...
United States v. Zhao (7th Cir. 2025):  Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

United States v. Zhao (7th Cir. 2025): Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

Date: Jun 30, 2025
United States v. Tangtang Zhao – Seventh Circuit Clarifies that Physical Items Distributed in National-Emergency Programs Remain “Government Property” Where the United States Retains Functionally...
“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals

“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals

Date: Jun 30, 2025
“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals Introduction In Department of Homeland Security v. D.V.D., 606 U.S. ___...
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Date: Jun 30, 2025
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks 1. Introduction The United States Court of Appeals for...
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

Date: Jun 30, 2025
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II 1. Introduction In Vinales v. AETC II Privatized Housing, L.L.C., No. 24-50113 (5th Cir....
Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Date: Jun 30, 2025
Tartt v. Unified School District No. 475 Clarifying Decision-Maker Knowledge and Affidavit Admissibility in Title VII Litigation Introduction Merrier A. Jackson Tartt, an experienced Black educator...
But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

Date: Jun 30, 2025
But-For Causation and Particularized Pleading Under the FCA & AKS: A Commentary on Flanagan v. Fresenius Medical Care Holdings, Inc., No. 23-1305 (1st Cir. 2025) 1. Introduction The United States...
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

Date: Jun 30, 2025
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry Introduction In SMS Financial Recovery Services, LLC v. Samaritan Senior Village, Inc. (1st...
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Date: Jun 29, 2025
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing Commentary on Davis v. Guerrero, 24-70008 (5th Cir. June 26 2025) 1. Introduction Irving Alvin...
State “Saving Constructions” and Pre-Compliance Review:  The Principle from Spirit Aerosystems v. Paxton

State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton

Date: Jun 29, 2025
State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton Introduction On 26 June 2025 the United States Court of Appeals for the Fifth Circuit decided...
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Date: Jun 29, 2025
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera Introduction The Fifth Circuit’s decision in Trabucco...
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1): A Commentary on United States v. Victor Castro-Aleman

Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1): A Commentary on United States v. Victor Castro-Aleman

Date: Jun 29, 2025
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1) Commentary on United States v. Victor Castro-Aleman, 4th Cir., 26 June 2025...
Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute

Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute

Date: Jun 29, 2025
Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute 1. Introduction On 26 June 2025, the United States Court of...
Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025)

Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025)

Date: Jun 29, 2025
Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025) 1. Introduction In Saleem v. Garland, the United...
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Date: Jun 29, 2025
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA Comprehensive Commentary on Saleem v. Garland, No. 23-9568 & 24-9546 (10th Cir. Jun. 26, 2025) 1....
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Date: Jun 29, 2025
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion) Introduction On 26 June 2025 the United States Court of Appeals for the Tenth Circuit handed down...
Expanding the Scope of Res Gestae in Nevada: Lessons from Sanchez-Ramirez v. State (2025)

Expanding the Scope of Res Gestae in Nevada: Lessons from Sanchez-Ramirez v. State (2025)

Date: Jun 29, 2025
Expanding the Scope of Res Gestae in Nevada: Lessons from Sanchez-Ramirez v. State (2025) 1. Introduction In Sanchez-Ramirez v. State, the Supreme Court of Nevada reviewed multiple challenges arising...

        “Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings:
        The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. §1362

“Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings: The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. §1362

Date: Jun 29, 2025
“Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings: The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. § 1362 1. Introduction In Adalberto...
“Made-Available” Value & the Meaning of “Clear-Sailing”: A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025)

“Made-Available” Value & the Meaning of “Clear-Sailing”: A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025)

Date: Jun 29, 2025
“Made-Available” Value & the Meaning of “Clear-Sailing” A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025) 1. Introduction The Third Circuit’s precedential opinion...
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