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  • Commentaries
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clarifying-the-&amp Case Commentaries

United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

United States v. Butler: Tenth Circuit Re-Affirms § 111(b) as a “Crime of Violence” after Borden and Clarifies Harmless-Error Limits on Jury Instructions

Date: Jun 29, 2025
United States v. Butler Commentary on the Tenth Circuit’s Published Opinion (June 25, 2025) Introduction On 25 June 2025, the United States Court of Appeals for the Tenth Circuit delivered a...
Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence – A Commentary on State v. Luis A. Ramirez, 2025 WI 28

Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence – A Commentary on State v. Luis A. Ramirez, 2025 WI 28

Date: Jun 28, 2025
Abrogation of the “Cavalier Disregard” Standard in Wisconsin’s Speedy-Trial Jurisprudence A Comprehensive Commentary on State v. Luis A. Ramirez, 2025 WI 28 1. Introduction State v. Ramirez presented...
Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct

Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct

Date: Jun 28, 2025
Iowa Supreme Court Declares: “No Guns While Criming” – State v. Woods and the Constitutional Limits on Firearm Possession During Criminal Conduct 1. Introduction State v. Kevin Dwayne Woods, Jr. (No....
Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure

Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure

Date: Jun 28, 2025
Michigan Narrows Election-Interference Statute to Intentional Falsehoods About Voting Requirements or Procedures; Denial of Leave Leaves “Vote-by-Mail” as a Covered Procedure Introduction This...
“Sovereign Immunity After Burnett” –  Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages

“Sovereign Immunity After Burnett” – Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages

Date: Jun 28, 2025
“Sovereign Immunity After Burnett” – Sikora v. State of Iowa and the Closing of Iowa’s Common-Law Door to Wrongful-Imprisonment Damages 1. Introduction On 27 June 2025 the Iowa Supreme Court,...
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries

Date: Jun 28, 2025
Refining Electoral Speech Crimes: The Michigan Supreme Court’s Narrow Construction of MCL 168.932(a) and Its Unsettled First-Amendment Boundaries 1. Introduction The consolidated matters of People of...
State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation

State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation

Date: Jun 28, 2025
State v. Cole: Waiver of Firearm Rights Through Consent Protective Orders & Limits on Consecutive Sentencing After Probation Revocation 1. Introduction In State of Iowa v. Jordan Kevin Cole,...
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland

Date: Jun 27, 2025
First Circuit Narrows Judicial Review of “Exceptional and Extremely Unusual Hardship” Findings After Wilkinson v. Garland Introduction In Xiquin Xirum v. Bondi, the United States Court of Appeals for...
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy

Date: Jun 27, 2025
“Speak Now or Lose Later” – The Third Circuit’s Firm Stance on Appellate Forfeiture and FTCA Timeliness in Manivannan v. Department of Energy 1. Introduction Ayyakkannu Manivannan, a former materials...
Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025)

Date: Jun 27, 2025
Clarifying the Threshold for Court-Appointed Counsel and Pleading Specificity in Pro Se Litigation: A Commentary on Weems v. City of Philadelphia (3d Cir. 2025) 1. Introduction Weems v. City of...
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction – A Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025)

Date: Jun 27, 2025
Post-Removal Settlement Offers Do Not Defeat Diversity Jurisdiction: In-Depth Commentary on Sergei Kovalev v. WalMart Inc. (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the...
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: A Commentary on Garcia v. Fuentes (2025)

Date: Jun 27, 2025
Fifth Circuit Embraces “Intentional Relinquishment” Test for Arbitration Waiver: Garcia v. Fuentes (2025) 1. Introduction In Garcia v. Fuentes, No. 24-10699 (5th Cir. June 24, 2025), the United...
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges

Date: Jun 27, 2025
“Halting-Assurance” Doctrine: The Fifth Circuit’s Reaffirmation of the High Bar for Eighth-Amendment Method-of-Execution Challenges Commentary on Jordan v. Mississippi State Executioner, No. 25-70013...
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference

Date: Jun 27, 2025
“Still-Treating, Still Immune” – Spikes v. Wheat and the Fifth Circuit’s Clarification that Misdiagnosis Amid Continuous Care Does Not Constitute Deliberate Indifference 1. Introduction Spikes v....
“The Hard-Look Mandate on Steroids” –  Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking

Date: Jun 27, 2025
“The Hard-Look Mandate on Steroids” – Texas Corn Producers v. EPA and the Fifth Circuit’s Expanded Duty to Tackle Statistical Critiques in Rulemaking 1. Introduction Texas Corn Producers v. EPA, No....
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Date: Jun 27, 2025
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges Introduction United States v. Reyes, No. 24-40369...
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

Date: Jun 27, 2025
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron Introduction The United States Court of Appeals for the Fifth Circuit’s...
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Date: Jun 27, 2025
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases Introduction The published opinion in Alex Zalaya...
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

Date: Jun 27, 2025
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles 1. Introduction Erie Insurance Property & Casualty Company v. James Skylar...
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

Date: Jun 27, 2025
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded 1. Introduction In Jesse Hammons v. University of Maryland Medical System Corporation, the...
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