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affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (2025)

Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (2025)

Date: Jun 30, 2025
Constitutional Supremacy and the Court’s Mandatory Jurisdiction: A Commentary on Louisiana v. Callais (606 U.S. ___ (2025)) 1. Introduction Louisiana v. Callais is the latest chapter in the...
“Qualitative Sufficiency” as an Intelligible Principle: A Detailed Commentary on FCC v. Consumers’ Research (2025)

“Qualitative Sufficiency” as an Intelligible Principle: A Detailed Commentary on FCC v. Consumers’ Research (2025)

Date: Jun 30, 2025
“Qualitative Sufficiency” as an Intelligible Principle: A Comprehensive Commentary on FCC v. Consumers’ Research, 606 U.S. ___ (2025) 1. Introduction For nearly three decades the Federal...
From “Strict” to “Intermediate”: Free Speech Coalition v. Paxton and the New Standard for Online Age-Verification Laws

From “Strict” to “Intermediate”: Free Speech Coalition v. Paxton and the New Standard for Online Age-Verification Laws

Date: Jun 30, 2025
From “Strict” to “Intermediate”: Free Speech Coalition, Inc. v. Paxton and the New Standard for Online Age-Verification Laws 1. Introduction In Free Speech Coalition, Inc. v. Paxton, No. 23-1122...
“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause

“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause

Date: Jun 30, 2025
“Convene-and-Transfer” Doctrine: Kennedy v. Braidwood Management Clarifies Inferior-Officer Status and Two-Step Vesting Under the Appointments Clause 1. Introduction Kennedy v. Braidwood Management,...
Mahmoud v. Taylor (2025): The New Constitutional Right to Religious Opt-Outs from Public-School Instruction

Mahmoud v. Taylor (2025): The New Constitutional Right to Religious Opt-Outs from Public-School Instruction

Date: Jun 30, 2025
Mahmoud v. Taylor: The U.S. Supreme Court Recognizes a Parental Free-Exercise Right to Opt Children Out of Public-School Lessons 1. Introduction Mahmoud v. Taylor, 606 U.S. ___ (2025), is the Supreme...
Trump v. CASA, Inc.: The Demise of the “Universal Injunction” and the Re-drawn Limits of Federal Equitable Power

Trump v. CASA, Inc.: The Demise of the “Universal Injunction” and the Re-drawn Limits of Federal Equitable Power

Date: Jun 30, 2025
Trump v. CASA, Inc. The Supreme Court Abolishes the Universal Injunction 1. Introduction In Trump v. CASA, Inc., 606 U.S. ___ (2025), the U.S. Supreme Court issued what is likely to become the...
Escalating Racial Abuse, Physical Harm, and Threats as “Adverse Action”:  New Guidance on Retaliation & Equal-Protection Pleading Standards in Coleman v. Kent

Escalating Racial Abuse, Physical Harm, and Threats as “Adverse Action”: New Guidance on Retaliation & Equal-Protection Pleading Standards in Coleman v. Kent

Date: Jun 30, 2025
Escalating Racial Abuse, Physical Harm, and Threats as “Adverse Action”: New Guidance on Retaliation & Equal-Protection Pleading Standards in Coleman v. Kent 1. Introduction Charlie Omar Coleman, an...
United States v. Doyce Barnes: The Sixth Circuit Declares Pyramid Schemes Per Se Mail-Fraud and Unveils the “Emperor-Package” Investment-Contract Test

United States v. Doyce Barnes: The Sixth Circuit Declares Pyramid Schemes Per Se Mail-Fraud and Unveils the “Emperor-Package” Investment-Contract Test

Date: Jun 30, 2025
United States v. Doyce Barnes: The Sixth Circuit Declares Pyramid Schemes Per Se Mail-Fraud and Unveils the “Emperor-Package” Investment-Contract Test Introduction In United States v. Doyce Barnes...
Pyramid Schemes as Per Se Schemes to Defraud & Hybrid MLM “Packages” as Securities ―
            A Commentary on United States v. Doyce Barnes (6th Cir. 2025)

Pyramid Schemes as Per Se Schemes to Defraud & Hybrid MLM “Packages” as Securities ― A Commentary on United States v. Doyce Barnes (6th Cir. 2025)

Date: Jun 30, 2025
Pyramid Schemes Are, by Definition, Federal Schemes to Defraud & Hybrid MLM Investments Can Be “Securities” — Detailed Commentary on United States v. Doyce Barnes, 84 F.4th ___ (6th Cir. 2025)...
Pyramid Schemes as Per-Se Mail Fraud & “Passive-Income” Packages as Securities: A Commentary on United States v. Faraday Hosseinipour

Pyramid Schemes as Per-Se Mail Fraud & “Passive-Income” Packages as Securities: A Commentary on United States v. Faraday Hosseinipour

Date: Jun 30, 2025
Pyramid Schemes as Per-Se Mail Fraud & “Passive-Income” Packages as Securities: Commentary on United States v. Faraday Hosseinipour, 82 F.4th 921 (6th Cir. 2025) 1. Introduction United States v....
United States v. Faraday Hosseinipour – The Sixth Circuit Clarifies that “Pyramid Schemes” Are Not a Separate Federal Crime but Simply One Variety of Mail- or Securities-Fraud Conspiracy

United States v. Faraday Hosseinipour – The Sixth Circuit Clarifies that “Pyramid Schemes” Are Not a Separate Federal Crime but Simply One Variety of Mail- or Securities-Fraud Conspiracy

Date: Jun 30, 2025
United States v. Faraday Hosseinipour – The Sixth Circuit Clarifies that “Pyramid Schemes” Are Not a Separate Federal Crime but Simply One Variety of Mail- or Securities-Fraud Conspiracy Introduction...
United States v. Maike: Sixth Circuit Clarifies that Pyramid Schemes Are Per Se Mail-Fraud “Schemes to Defraud” and That High-Tier MLM Packages Qualify as Securities

United States v. Maike: Sixth Circuit Clarifies that Pyramid Schemes Are Per Se Mail-Fraud “Schemes to Defraud” and That High-Tier MLM Packages Qualify as Securities

Date: Jun 30, 2025
United States v. Maike Sixth Circuit Clarifies that Pyramid Schemes Are Per Se Mail-Fraud “Schemes to Defraud” and That High-Tier MLM Packages Qualify as Securities 1. Introduction This consolidated...
United States v. Maike: Pyramid Schemes as Per-Se Mail Fraud & “Emperor” Packages as Securities

United States v. Maike: Pyramid Schemes as Per-Se Mail Fraud & “Emperor” Packages as Securities

Date: Jun 30, 2025
United States v. Maike: Pyramid Schemes as Per-Se Mail Fraud & “Emperor” Packages as Securities 1. Introduction United States v. Richard Maike, Nos. 22-6114/6121/23-5029/5560/5561/5563 (6th Cir....
“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland

“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland

Date: Jun 30, 2025
“Knowing-and-Voluntary” Appeal Waivers in Immigration Proceedings: The Tenth Circuit’s Clarification in Saleem v. Garland Introduction On 26 June 2025, the United States Court of Appeals for the...
The “Actual-Innocence” Gateway Post-Taylor: Seventh Circuit Narrows Collateral Relief Under § 2255 in Cobbs v. United States

The “Actual-Innocence” Gateway Post-Taylor: Seventh Circuit Narrows Collateral Relief Under § 2255 in Cobbs v. United States

Date: Jun 30, 2025
The “Actual-Innocence” Gateway Post-Taylor: Seventh Circuit Narrows Collateral Relief Under § 2255 in Cobbs v. United States Introduction On 26 June 2025 the Court of Appeals for the Seventh Circuit...
The Barnes Rule: Recruiting and Directing a Single Accomplice Constitutes Supervisory Role under U.S.S.G. § 3B1.1(c) and Bars Safety-Valve Relief

The Barnes Rule: Recruiting and Directing a Single Accomplice Constitutes Supervisory Role under U.S.S.G. § 3B1.1(c) and Bars Safety-Valve Relief

Date: Jun 30, 2025
The Barnes Rule: Recruiting and Directing a Single Accomplice Constitutes Supervisory Role under U.S.S.G. § 3B1.1(c) and Bars Safety-Valve Relief 1. Introduction United States v. Zachary Barnes,...
The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions – Commentary on Lewis v. State (2025)

The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions – Commentary on Lewis v. State (2025)

Date: Jun 30, 2025
The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions A Comprehensive Commentary on Lewis v. State, S25A0023 (Ga. June 26 2025) Introduction Aaron Lewis was...
“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation

“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation

Date: Jun 30, 2025
“Removing One Barrier Is Redress Enough” – Gutierrez v. Saenz and the Supreme Court’s Refined Doctrine of Standing in Post-Conviction DNA-Testing Litigation I. Introduction On 26 June 2025 the U.S....
“No Sentence Means No Bar” – Hewitt v. United States and the Present-Perfect Test for First-Step-Act Retroactivity

“No Sentence Means No Bar” – Hewitt v. United States and the Present-Perfect Test for First-Step-Act Retroactivity

Date: Jun 30, 2025
“No Sentence Means No Bar” – Hewitt v. United States (2025) and the Present-Perfect Test for Retroactivity under §403(b) of the First Step Act 1. Introduction In Hewitt v. United States, 606 U.S. ___...
Medina v. Planned Parenthood: A Landmark Restriction on Private §1983 Actions Under Spending-Clause Statutes

Medina v. Planned Parenthood: A Landmark Restriction on Private §1983 Actions Under Spending-Clause Statutes

Date: Jun 30, 2025
Medina v. Planned Parenthood South Atlantic (2025): The Supreme Court Narrows §1983 Enforcement of Spending-Clause Statutes Introduction On 26 June 2025, the U.S. Supreme Court decided Medina v....
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