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

From Motivation to Function: The Supreme Court’s Denominational-Neutrality Test for Religious-Employer Exemptions

From Motivation to Function: The Supreme Court’s Denominational-Neutrality Test for Religious-Employer Exemptions

Date: Jun 10, 2025
From Motivation to Function: The Supreme Court’s Denominational-Neutrality Test for Religious-Employer Exemptions 1. Introduction On 5 June 2025 the United States Supreme Court delivered a unanimous...
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

Date: Jun 10, 2025
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials Introduction This Supreme Court of Illinois...
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Date: Jun 10, 2025
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer Introduction People v. Spencer, 2025 IL 130015, is a landmark decision by the Supreme Court of Illinois...
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Date: Jun 10, 2025
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E) Introduction Griffin v. Snow Christensen & Martineau (2025 UT 16) presented the Utah...
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Date: Jun 10, 2025
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin Introduction This commentary examines the Utah Supreme Court’s decision in University of Utah...
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Date: Jun 10, 2025
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold Introduction In Commonwealth v. Kartozia, the Supreme Court of Virginia addressed whether a defendant...
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Date: Jun 10, 2025
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas Introduction Clarence Turnbo v. State of Arkansas, 2025 Ark. 106 addresses the scope and...
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Date: Jun 10, 2025
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas Introduction Raymond Lovett v. State of Arkansas, 2025 Ark. 100, is a Supreme...
Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims

Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims

Date: Jun 10, 2025
Reasonably Calculated Notice Meets Due Process in Tax Sales; Sovereign Immunity Bars Invalid Claims Introduction This case arises from Tommy Land’s role as Arkansas Commissioner of State Lands and...
In re C.N. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

In re C.N. et al.: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse and Neglect Proceedings

Date: Jun 10, 2025
In re C.N., D.N., H.N-1, I.P. & H.N-2: Mandating Specific Factual Findings and Proper Dispositional Standards in Child Abuse & Neglect Proceedings Introduction In this appeal, the Supreme Court of...
Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements

Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements

Date: Jun 10, 2025
Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements Introduction In State of Oregon v. James Clare Walsh IV (373 Or 712, June 5, 2025), the Oregon...
No Enhanced Duty for Voluntary Safety Precautions: Saunders v. Home Depot

No Enhanced Duty for Voluntary Safety Precautions: Saunders v. Home Depot

Date: Jun 10, 2025
No Enhanced Duty for Voluntary Safety Precautions: Saunders v. Home Depot Introduction In Angela Saunders v. Home Depot, Inc., 2025 WL 1234567 (6th Cir. June 5, 2025) (not recommended for...
Article III Standing Requirements in Organizational Challenges to Voter-Registration Policies under the NVRA

Article III Standing Requirements in Organizational Challenges to Voter-Registration Policies under the NVRA

Date: Jun 10, 2025
Article III Standing Requirements in Organizational Challenges to Voter-Registration Policies under the NVRA Introduction In Tenn. State Conference of the NAACP v. William Lee, 25a0148p (6th Cir....
Reinforcing Constructive Possession and Discretionary Sentencing Under 18 U.S.C. § 922(g)(1)

Reinforcing Constructive Possession and Discretionary Sentencing Under 18 U.S.C. § 922(g)(1)

Date: Jun 10, 2025
Reinforcing Constructive Possession and Discretionary Sentencing Under 18 U.S.C. § 922(g)(1) Introduction United States v. Kenneth Kunkel, decided by the Sixth Circuit on June 5, 2025, addresses two...
Clarifying the “Reasonable Opportunity to Observe” Standard and Mistrial Evaluation in Minor Sex-Trafficking and Child Pornography Prosecutions

Clarifying the “Reasonable Opportunity to Observe” Standard and Mistrial Evaluation in Minor Sex-Trafficking and Child Pornography Prosecutions

Date: Jun 10, 2025
Clarifying the “Reasonable Opportunity to Observe” Standard and Mistrial Evaluation in Minor Sex-Trafficking and Child Pornography Prosecutions Introduction United States v. Lavonte Sampson,...
Clarification of Ambiguous Sentences: The Role of Written Judgments in Federal Sentencing Post-United States v. Tracey Shaw

Clarification of Ambiguous Sentences: The Role of Written Judgments in Federal Sentencing Post-United States v. Tracey Shaw

Date: Jun 10, 2025
Clarification of Ambiguous Sentences: The Role of Written Judgments in Federal Sentencing Post-United States v. Tracey Shaw Introduction The Sixth Circuit’s decision in United States v. Tracey Shaw,...
Restricting Federal Habeas Relief Under 28 U.S.C. § 2254 to Underlying Conviction Challenges: Excluding Post-Conviction Procedural Claims

Restricting Federal Habeas Relief Under 28 U.S.C. § 2254 to Underlying Conviction Challenges: Excluding Post-Conviction Procedural Claims

Date: Jun 10, 2025
Restricting Federal Habeas Relief Under 28 U.S.C. § 2254 to Underlying Conviction Challenges: Excluding Post-Conviction Procedural Claims Introduction Williams v. Bridges, No. 25-6025 (10th Cir. June...
Categorical Exclusion of Attempted Hobbs Act Robbery from “Crime of Violence” Under 18 U.S.C. § 924(c)

Categorical Exclusion of Attempted Hobbs Act Robbery from “Crime of Violence” Under 18 U.S.C. § 924(c)

Date: Jun 10, 2025
Categorical Exclusion of Attempted Hobbs Act Robbery from “Crime of Violence” Under 18 U.S.C. § 924(c) Introduction This commentary examines the Seventh Circuit’s decision in United States v. Deaunta...
Permissible Inferences from Silence and Nationality Neutrality in Sentencing: United States v. Paul Williams Anti

Permissible Inferences from Silence and Nationality Neutrality in Sentencing: United States v. Paul Williams Anti

Date: Jun 10, 2025
Permissible Inferences from Silence and Nationality Neutrality in Sentencing: United States v. Paul Williams Anti Introduction United States v. Paul Williams Anti is a Seventh Circuit decision issued...
Ames v. Ohio Department of Youth Services: The Supreme Court Abolishes the “Background-Circumstances” Hurdle for Majority-Group Plaintiffs under Title VII

Ames v. Ohio Department of Youth Services: The Supreme Court Abolishes the “Background-Circumstances” Hurdle for Majority-Group Plaintiffs under Title VII

Date: Jun 10, 2025
Ames v. Ohio Department of Youth Services: The Supreme Court Abolishes the “Background-Circumstances” Hurdle for Majority-Group Plaintiffs under Title VII Introduction In Ames v. Ohio Department of...
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