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clarifying-the-& Case Commentaries

Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter

Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter

Date: Jun 23, 2025
Presumed Prejudice for Improper Mid-Trial Juror Dismissals: United States v. Carpenter 1. Introduction United States v. Carpenter, No. 24-11076 (5th Cir. 2025) arises out of a multi-million-dollar...
“Premises, Pipelines & Protest”: The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute

“Premises, Pipelines & Protest”: The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute

Date: Jun 23, 2025
“Premises, Pipelines & Protest” The Fifth Circuit’s Limiting-Construction Doctrine for Louisiana’s Infrastructure Trespass Statute Introduction White Hat v. Murrill, No. 24-30272 (5th Cir. 2025),...
Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Iowa 2025)

Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Iowa 2025)

Date: Jun 23, 2025
Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Supreme Court of Iowa, 2025) 1. Introduction The Supreme Court of...
“On-Body Containers” and the Search-Incident-to-Arrest Exception: State of Iowa v. Patrick Scullark

“On-Body Containers” and the Search-Incident-to-Arrest Exception: State of Iowa v. Patrick Scullark

Date: Jun 23, 2025
“On-Body Containers” and the Search-Incident-to-Arrest Exception: A Commentary on State of Iowa v. Patrick Scullark Introduction State of Iowa v. Patrick Wayman Scullark, Jr., No. 23-1218, decided by...
“Aggregation and Judicial Restraint in Parole Matters” – A Commentary on Michael Lambert v. Wayne T. Salisbury, Jr. (R.I. 2025)

“Aggregation and Judicial Restraint in Parole Matters” – A Commentary on Michael Lambert v. Wayne T. Salisbury, Jr. (R.I. 2025)

Date: Jun 23, 2025
“Aggregation and Judicial Restraint in Parole Matters” How the Rhode Island Supreme Court Clarified Parole Eligibility and Limited Trial-Court Power in Michael Lambert v. Wayne T. Salisbury, Jr....
Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard

Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard

Date: Jun 23, 2025
Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard Introduction In Hughes v. National Football League, the United States Court of...
“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” — Commentary on Hussain v. Bondi (2d Cir. 2025)

“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” — Commentary on Hussain v. Bondi (2d Cir. 2025)

Date: Jun 23, 2025
“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” Commentary on Hussain v. Bondi, 24-1812 (2d Cir. 2025) Court of Appeals for the Second Circuit  |  Decided 20 June 2025  | ...
No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement

No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement

Date: Jun 23, 2025
No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement 1. Introduction Jordan v. Chiaroo, No. 24-2397 (2d Cir. June 20, 2025),...
Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute

Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute

Date: Jun 23, 2025
Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute Introduction Parties & Forum. Pro-se taxpayers Atif A. Khan and Huma...
Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Date: Jun 23, 2025
Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies 1. Introduction The...
Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Date: Jun 23, 2025
Reaffirming the Final-Decision Requirement After Zoning Amendments: Mills Pond Group, LLC v. Town of Smithtown 1. Introduction Mills Pond Group, LLC v. Town of Smithtown (2d Cir. June 20, 2025) is...
Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Date: Jun 23, 2025
Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud 1. Introduction In Gent Row, LLC v. Truist Financial Corporation, No. 24-10387...
United States v. Shavers & Jones – Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA

United States v. Shavers & Jones – Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA

Date: Jun 23, 2025
United States v. Alfred Lamar Shavers & Tyrone James Jones Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA 1. Introduction On 20 June 2025 the Eleventh Circuit, sitting...
Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla

Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla

Date: Jun 23, 2025
Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla Introduction In United States v. Belarminio...
Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses: A Commentary on United States v. Enrique Diaz (11th Cir. 2025)

Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses: A Commentary on United States v. Enrique Diaz (11th Cir. 2025)

Date: Jun 23, 2025
Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses Commentary on United States v. Enrique Diaz, No. 22-13149 (11th Cir. June 20, 2025)...
“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1))

“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1))

Date: Jun 23, 2025
“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1)) 1. Introduction The decision in United States v....
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

Date: Jun 23, 2025
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace 1. Introduction The Sixth Circuit’s order in Boone County Republican Party...
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

Date: Jun 23, 2025
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause Introduction In Gerald Novak; Adam...
Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Date: Jun 23, 2025
Server Location Alone Does Not Create Specific Personal Jurisdiction:  Robert Carbone v. Wulf Kaal, 25a0161p.06 (6th Cir. 2025) 1. Introduction In Robert Carbone v. Wulf Kaal, the U.S. Court of...
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

Date: Jun 23, 2025
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit Introduction In United States v. Christopher...
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