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clarifying-the-& Case Commentaries

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

Date: Aug 2, 2025
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities Introduction On 30 July 2025 the New Jersey Supreme Court delivered a unanimous opinion in State...
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

Date: Aug 2, 2025
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion Introduction Gomez v. Cameron County, No. 24-40757 (5th Cir. July 30, 2025) is a...
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Date: Aug 2, 2025
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals Introduction Donald Black v. Mantei & Associates, Ltd., No. 24-1439 (4th Cir. Jul....
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Date: Aug 2, 2025
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025) I. Introduction The Fourth Circuit’s unpublished per curiam decision in United...
“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

Date: Aug 2, 2025
“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals Introduction In Evy B. Orellana v. Deputy United States Marshal Ryan...
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

Date: Aug 2, 2025
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025) 1. Introduction In Budet v. Rutgers Business...
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Date: Aug 2, 2025
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations: United States v. Juan Montas Introduction United States v. Juan Montas, No. 24-1851 (3d Cir. July 30 2025), presented a...
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Date: Aug 2, 2025
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror Commentary on Daniel Stoffa v. Michael Zaken, No. 24-1638 (3d Cir. July...
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Date: Aug 2, 2025
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings...
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

Date: Aug 2, 2025
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory 1. Introduction In San Diego County Employees Retirement...
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

Date: Aug 2, 2025
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions Introduction United States v. Hopson, No. 23-5056 (10th Cir. 2025) marks...
“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

Date: Aug 1, 2025
“Record Sufficiency over Formality”: West Virginia Supreme Court Clarifies When Oral and Incorporated Findings Can Sustain a Habeas Denial Introduction Robert C. v. Searls, No. 24-61 (W. Va. Jul. 30,...
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

Date: Aug 1, 2025
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion Introduction State of West Virginia v. Michael E. Brown, Supreme Court of...
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Date: Aug 1, 2025
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (Supreme Court of Appeals of West Virginia, 2025) Introduction The Supreme Court...
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Date: Aug 1, 2025
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025) Introduction In re K.S. and K.K-1, No. 24-439 (July 30, 2025), marks...
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Date: Aug 1, 2025
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations Introduction In...
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”:  A Commentary on In re P.F. and S.H.,  No. 24-354 (W. Va. 2025)

“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”: A Commentary on In re P.F. and S.H., No. 24-354 (W. Va. 2025)

Date: Aug 1, 2025
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation” A Structured Commentary on the Supreme Court of Appeals of West Virginia’s Memorandum Decision in In re P.F. and S.H....
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

Date: Aug 1, 2025
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases Commentary on In re B.S.-S. and N.S., Supreme Court of West Virginia, July 30 2025 1....
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Date: Aug 1, 2025
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025) Introduction The...
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025)

Date: Aug 1, 2025
Denial Trumps Compliance: West Virginia Reaffirms That Failure to Acknowledge Abuse Overrides Partial Improvement in Parental Termination Proceedings (In re B.B., A.B., and K.B., 2025) 1....
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