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clarifying-the-& Case Commentaries

“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections

“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections

Date: Jun 30, 2025
“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections Introduction In In re: Republican Primary Runoff for Pearl River...
Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson & JPS v. Maxie (Miss. 2025)

Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson & JPS v. Maxie (Miss. 2025)

Date: Jun 30, 2025
Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson, Mississippi & Jackson Public School District v. LaQuita Maxie,...
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Date: Jun 30, 2025
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act Introduction In Zainab Abbas, M.D., et al....
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

Date: Jun 30, 2025
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment Introduction In In the Matter of the Civil...
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

Date: Jun 30, 2025
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025) 1. Introduction South Bend Community School Corporation...

The Sixth Circuit’s “Element-by-Element” Mandate for Class Certification:
Speerly v. General Motors, LLC and the Re-Calibration of Rule 23 Analysis

The Sixth Circuit’s “Element-by-Element” Mandate for Class Certification: Speerly v. General Motors, LLC and the Re-Calibration of Rule 23 Analysis

Date: Jun 30, 2025
The Sixth Circuit’s “Element-by-Element” Mandate for Class Certification: Speerly v. General Motors, LLC and the Re-Calibration of Rule 23 Analysis 1. Introduction On 27 June 2025 the en-banc United...
United States v. Higgins: “Continuous-Dealer Residence Nexus” and Refreshed-Staleness Doctrine Fortified by the Sixth Circuit

United States v. Higgins: “Continuous-Dealer Residence Nexus” and Refreshed-Staleness Doctrine Fortified by the Sixth Circuit

Date: Jun 30, 2025
United States v. Higgins: “Continuous-Dealer Residence Nexus” and Refreshed-Staleness Doctrine Fortified by the Sixth Circuit Introduction Citation: United States v. Rodney Hamilton Higgins, Jr., No....
No Affirmative Union Duty to Initiate Discrimination Grievance Absent Member Request: Commentary on Sullers v. International Union Elevator Constructors, Local 2 (7th Cir. 2025)

No Affirmative Union Duty to Initiate Discrimination Grievance Absent Member Request: Commentary on Sullers v. International Union Elevator Constructors, Local 2 (7th Cir. 2025)

Date: Jun 30, 2025
No Affirmative Union Duty to Initiate Discrimination Grievance Absent Member Request: A Detailed Commentary on Anthony B. Sullers, Sr. v. International Union of Elevator Constructors, Local 2, 7th...
Seventh Circuit Confirms Muldrow’s “Some-Harm” Standard Applies Broadly to ADEA Claims – A Comment on Mary Arnold v. United Airlines, Inc.

Seventh Circuit Confirms Muldrow’s “Some-Harm” Standard Applies Broadly to ADEA Claims – A Comment on Mary Arnold v. United Airlines, Inc.

Date: Jun 30, 2025
Seventh Circuit Confirms Muldrow’s “Some-Harm” Standard Applies Broadly to ADEA Claims Introduction Mary Ann Arnold spent twenty-six years working in corporate communications at United Airlines...

        United States v. Haddad, Jr.: The Seventh Circuit Clarifies Plain-Error Review 
        and Anders Procedure in Supervised-Release Revocations

United States v. Haddad, Jr.: The Seventh Circuit Clarifies Plain-Error Review and Anders Procedure in Supervised-Release Revocations

Date: Jun 30, 2025
United States v. Haddad, Jr.: The Seventh Circuit Clarifies Plain-Error Review and Anders Procedure in Supervised-Release Revocations 1. Introduction In United States v. Ronald Haddad, Jr., Nos....
Seventh Circuit Clarifies Plain-Error Review of Impermissible § 3553(a) Factors in Supervised-Release Revocations – Comment on United States v. Haddad

Seventh Circuit Clarifies Plain-Error Review of Impermissible § 3553(a) Factors in Supervised-Release Revocations – Comment on United States v. Haddad

Date: Jun 30, 2025
Seventh Circuit Clarifies Plain-Error Review of Impermissible § 3553(a) Factors in Supervised-Release Revocations Comprehensive Commentary on United States v. Ronald Haddad, Jr., Nos. 24-2855 et al....
United States v. Haddad, Jr.: Seventh Circuit Clarifies Plain-Error Review When Impermissible § 3553(a) Factors Appear in Revocation Sentencing

United States v. Haddad, Jr.: Seventh Circuit Clarifies Plain-Error Review When Impermissible § 3553(a) Factors Appear in Revocation Sentencing

Date: Jun 30, 2025
United States v. Haddad, Jr.: Seventh Circuit Clarifies Plain-Error Review When Impermissible § 3553(a) Factors Appear in Revocation Sentencing Introduction Ronald Haddad, Jr. appealed the revocation...
United States v. Haddad: Clarifying Plain-Error Review When Impermissible § 3553(a) Factors Creep into Revocation Sentencing

United States v. Haddad: Clarifying Plain-Error Review When Impermissible § 3553(a) Factors Creep into Revocation Sentencing

Date: Jun 30, 2025
United States v. Haddad: Clarifying Plain-Error Review When Impermissible § 3553(a) Factors Creep into Revocation Sentencing Introduction United States v. Ronald Haddad, Jr., Nos. 24-2855, 25-1484,...
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...
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