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  • Commentaries
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affirmation-of-district-court Case Commentaries

Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable

Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable

Date: Oct 18, 2025
Particularity Requires Internal Discreteness, Not Mere Descriptive Clarity: Sixth Circuit Rejects “Gender-Plus-One” PSGs and Holds “Honduran Women” Incognizable Court: U.S. Court of Appeals for the...
Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons

Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons

Date: Oct 18, 2025
Dangerous-and-Unusual Doctrine Controls: Sixth Circuit Upholds NFA Registration for Short-Barreled Shotguns and Reaffirms § 922(g)(1) for “Dangerous” Felons Case: United States v. Dalton Samuel...
“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting

“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting

Date: Oct 18, 2025
“Reason to Believe” Means a Probable-Cause “Fair Probability”: Sixth Circuit Upholds §2K2.1 Firearms-Trafficking Enhancement for Undercover Sales and Rejects Double Counting Introduction In United...
Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence

Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence

Date: Oct 18, 2025
Ohio Aggravated Robbery by Theft (§ 2911.01(A)(1) + § 2913.02) Categorically Matches Guidelines “Extortion,” and Therefore Is a Crime of Violence Introduction In United States v. Kenneth Evans, the...
Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances

Date: Oct 18, 2025
Egregious Firearm Use and Combined Permanent–Life-Threatening Injury Take § 924(c) Cases Outside the Guidelines Heartland, Justifying Major Upward Variances Introduction This commentary analyzes the...
United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient

United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient

Date: Oct 18, 2025
United States v. Bycroft: Tenth Circuit Requires On-the-Record, Defendant-Specific §3583(d) Findings for Lifetime Internet Bans; Generic §3553(a) Recitations Are Insufficient Introduction In United...
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification

Date: Oct 18, 2025
Scantland, Not Aimable, Governs FLSA Employee Status in the Eleventh Circuit: Scheduling Control, Nonnegotiable Day Rates, and Employer-Provided Systems Support Employee Classification Case: Joel...
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims

Date: Oct 18, 2025
Opening the Door Is Not Consent: Eleventh Circuit Denies Qualified Immunity for Warrantless Entry and Subsumes Derivative Seizure/Excessive-Force Claims Case: Terry Dukes, Sr. v. Chase Gregory Court:...
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise

Date: Oct 18, 2025
Dusky, Not “Decisional Competency,” Controls; Misallocation of the § 4241 Burden Is Harmless Absent Evidentiary Equipoise Introduction In United States v. Steven Michael Marks, the Eleventh Circuit...
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails

Date: Oct 18, 2025
Assignees Must Prove Assignors’ Diversity or Non‑Collusive Purpose: First Circuit Orders Dismissal When Section 1359 Inquiry Fails Case: Gore and Associates Management Co., Inc. v. SLSCO Ltd. and...
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Date: Oct 18, 2025
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance Introduction In Jared v. Harmon, 374 Or 381 (2025),...
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Date: Oct 18, 2025
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Brooks‑Buck v. Wahlstrom Court: Supreme Court of Virginia Date: October 16, 2025 Author: Justice Teresa...
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Date: Oct 18, 2025
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline Introduction This commentary analyzes the Supreme Court of Virginia’s...
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Date: Oct 18, 2025
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds Introduction In Morgan Weatherford v. State of Arkansas, 2025...
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

Date: Oct 18, 2025
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152 Introduction In Scott v. Sullivan, 2025...
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Date: Oct 18, 2025
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas Introduction In...
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Date: Oct 18, 2025
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning Introduction In...
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Date: Oct 18, 2025
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025) Introduction In In the Matter of the...
Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds

Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds

Date: Oct 18, 2025
Imitation Permitted, Duplication Required: Seventh Circuit Holds Sound Recording Copyrights Are Infringed Only by Actual Copying of Fixed Sounds Introduction In Eddie Richardson v. Karim Kharbouch,...
Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation

Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation

Date: Oct 18, 2025
Actual Duplication Required: Seventh Circuit Holds Sound Recording Infringement Demands Proof of Sampling, Not Mere Imitation Introduction In Eddie Richardson v. Karim Kharbouch, Nos. 24-1119 &...
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