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

Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR – A Commentary on United States v. Jose Ortega-Ayala (2025)

Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR – A Commentary on United States v. Jose Ortega-Ayala (2025)

Date: Jun 20, 2025
Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR Commentary on United States v. Jose Ortega-Ayala, 93 F.4th ___ (4th Cir. 2025) 1....
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

Date: Jun 20, 2025
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” Commentary on David v. Yazel, 70 F.4th ___ (10th Cir. 2025) 1. Introduction David v. Yazel is a 2025 decision...
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: Commentary on United States v. Judkins (10th Cir. 2025)

Date: Jun 20, 2025
“Statute-of-Conviction” Limiting Principles for Cell-Phone Warrants: A Comprehensive Commentary on United States v. Judkins (10th Cir. 2025) 1. Introduction United States v. Judkins, decided on 17...
No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025)

No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025)

Date: Jun 20, 2025
No Fee, No Appeal: The Third Circuit Re-Affirms Strict Compliance with BIA Filing Requirements in De La Cruz-Leonardo v. Attorney General (2025) 1. Introduction Luis Ramon De La Cruz-Leonardo, a...
The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review: A Commentary on United States v. Anthony Jones (3d Cir. 2025)

The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review: A Commentary on United States v. Anthony Jones (3d Cir. 2025)

Date: Jun 20, 2025
The Primacy of Rule 12’s “Good-Cause” Standard over Rule 52(b) Plain–Error Review Commentary on United States v. Anthony Jones, No. 22-2064 (3d Cir. June 16, 2025) 1. Introduction In United States v....
Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ

Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ

Date: Jun 20, 2025
Fifth Circuit Adopts Presumption of Consumer Reliance and Re-draws the Limits of FTC Monetary Redress – A Commentary on FTC v. ZAAPPAAZ Introduction In FTC v. ZAAPPAAZ, L.L.C., No. 24-20234 (5th Cir....
First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand

First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand

Date: Jun 20, 2025
First Baptist Church II: Fifth Circuit Clarifies Mandate Rule, Law-of-the-Case, and Trial-Court Discretion on Remand Introduction In First Baptist Church of Iowa, Louisiana v. Church Mutual Insurance...
Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice

Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice

Date: Jun 20, 2025
Gonzalez v. Walgreen: Fifth Circuit Affirms that Customer-Volunteers Are Not Agents and that “Source Knowledge” Alone Cannot Establish Premises-Liability Notice Introduction On 16 June 2025 the...
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony

Date: Jun 20, 2025
Subpoenaed but Not Shielded: Fifth Circuit Clarifies Limits of Lane-based Protection for Public-Employee Testimony Introduction Hamilton v. City of Wilmer, Texas is the Fifth Circuit’s latest foray...
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions

Date: Jun 20, 2025
United States v. Allam: Clarifying “Relevantly Similar” Historical Analogues for Modern School-Zone Firearm Restrictions Introduction United States v. Allam (5th Cir. 2025) addresses whether...
Clarifying the Evidentiary Value of Resting versus Exercise Arterial Blood-Gas Studies in Black-Lung Claims: Consolidation Coal Co. v. DOWCP (4th Cir. 2025)

Clarifying the Evidentiary Value of Resting versus Exercise Arterial Blood-Gas Studies in Black-Lung Claims: Consolidation Coal Co. v. DOWCP (4th Cir. 2025)

Date: Jun 20, 2025
Clarifying the Evidentiary Value of Resting versus Exercise Arterial Blood-Gas Studies in Black-Lung Claims: Consolidation Coal Co. v. Director, OWCP & Joseph Murphy, Jr., 4th Cir., No. 23-1989 (June...
Fourth Circuit Clarifies Appellate Waiver & Fundamental-Error Review in Civil Conspiracy Cases — Commentary on Sines v. Cantwell (2025)

Fourth Circuit Clarifies Appellate Waiver & Fundamental-Error Review in Civil Conspiracy Cases — Commentary on Sines v. Cantwell (2025)

Date: Jun 20, 2025
Fourth Circuit Clarifies Appellate Waiver & Fundamental-Error Review in Civil Conspiracy Cases — Commentary on Elizabeth Sines v. Christopher Cantwell (4th Cir. 2025) 1. Introduction The Unite the...
Waiver, Forfeiture, and Fundamental-Error Review after Sines v. Schoep: The Fourth Circuit’s Latest Word on Preserving Issues for Appeal

Waiver, Forfeiture, and Fundamental-Error Review after Sines v. Schoep: The Fourth Circuit’s Latest Word on Preserving Issues for Appeal

Date: Jun 20, 2025
Waiver, Forfeiture, and Fundamental-Error Review after Sines v. Schoep: The Fourth Circuit’s Latest Word on Preserving Issues for Appeal Introduction The Fourth Circuit’s unpublished opinion in...
Clarifying “Availability” Under the PLRA: Fourth Circuit Tightens Rules on Exhaustion After Medical Incapacity

Clarifying “Availability” Under the PLRA: Fourth Circuit Tightens Rules on Exhaustion After Medical Incapacity

Date: Jun 20, 2025
Clarifying “Availability” Under the PLRA: Fourth Circuit Tightens Rules on Exhaustion After Medical Incapacity Introduction In Patrick McGraw v. Theresa Gore, the United States Court of Appeals for...
Statutory Benchmarks, Not Voluntary Agreements: The Fourth Circuit Narrows HPA Refund Rights for Unearned PMI Premiums

Statutory Benchmarks, Not Voluntary Agreements: The Fourth Circuit Narrows HPA Refund Rights for Unearned PMI Premiums

Date: Jun 20, 2025
Statutory Benchmarks, Not Voluntary Agreements: The Fourth Circuit Narrows HPA Refund Rights for Unearned PMI Premiums Introduction In Steve Kovachevich v. National Mortgage Insurance Corporation,...
United States v. Ferguson: Admissibility of “Rapport-Building” Segments in Child Forensic Interview Videos

United States v. Ferguson: Admissibility of “Rapport-Building” Segments in Child Forensic Interview Videos

Date: Jun 20, 2025
United States v. Ferguson: Fourth Circuit Clarifies the Admissibility of Rapport-Building Segments in Child Forensic Interviews 1. Introduction United States v. Donald Gene Ferguson, II (4th Cir.,...
Extended Retention of Seized Digital Devices Pending Technological Advancements: A Commentary on United States v. Mark Bolling (4th Cir. 2025)

Extended Retention of Seized Digital Devices Pending Technological Advancements: A Commentary on United States v. Mark Bolling (4th Cir. 2025)

Date: Jun 20, 2025
Extended Retention of Seized Digital Devices Pending Technological Advancements: A Commentary on United States v. Mark Bolling (4th Cir. 2025) 1. Introduction The unpublished Fourth Circuit decision...
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Date: Jun 20, 2025
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales 1. Introduction In Winn v. Brady, SCWC-17-0000806 (Haw. June 13 2025), the Hawaiʻi Supreme Court delivered a...
“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025)

“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025)

Date: Jun 20, 2025
“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025) Introduction The...
Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims

Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims

Date: Jun 20, 2025
Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims Introduction In Tony Terrell Clark v. State of Mississippi, decided on 19 June 2025, the Mississippi...
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