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clarifying-the-&amp Case Commentaries

Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin

Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025
Stipulated Reinstatement under SCR 22.30(5)(b): Criteria and Application in Office of Lawyer Regulation v. Kevin R. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18...
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez

Date: May 28, 2025
Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE

FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE

Date: May 28, 2025
FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE Introduction Sotir Libarov v. U.S. Immigration and Customs Enforcement (No....
Clarifying Willful Violations in Probation Revocation: Treatment Court Admission and Notice Requirements

Clarifying Willful Violations in Probation Revocation: Treatment Court Admission and Notice Requirements

Date: May 28, 2025
Clarifying Willful Violations in Probation Revocation: Treatment Court Admission and Notice Requirements Introduction The Supreme Court of Idaho’s decision in State v. Rose, 52062 (May 27, 2025),...
Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding

Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding

Date: May 28, 2025
Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding Introduction The Tenth Circuit’s order in Harjo v. Harding (No. 25-5023, May 27,...
Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions

Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions

Date: May 28, 2025
Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions Introduction Brandt v. Cimarron Correctional Facility and Staff (10th Cir. May 27, 2025) arises from a pro se...
The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims

The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims

Date: May 28, 2025
The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims Introduction In Richard Warner v. City of Marathon (11th Cir. May 27, 2025), plaintiffs—the Estate of...
Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f)

Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f)

Date: May 28, 2025
Work-Related COVID-19 as a Compensable Occupational Disease Under W. Va. Code §23-4-1(f) Introduction In Brittany Foster v. PrimeCare Medical of West Virginia, Inc., 247 W. Va. 590, 885 S.E.2d 171...
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Date: May 28, 2025
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference Introduction The Supreme Court of New Jersey’s decision in M.A. v. J.H.M. (2025) addresses a critical...
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors

Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors

Date: May 28, 2025
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors Introduction In Keane v. Expeditors International of Washington, Inc., the First Circuit addressed two intertwined...
ALJ’s Discretion in Listing Determination and Substantial Evidence Standard in Disability Claims

ALJ’s Discretion in Listing Determination and Substantial Evidence Standard in Disability Claims

Date: May 28, 2025
ALJ’s Discretion in Listing Determination and Substantial Evidence Standard in Disability Claims Introduction This commentary examines the United States Court of Appeals for the Seventh Circuit’s...

        “The Demeaning-Identity Test” – Supreme Court’s Refusal to Review
        L. M. v. Middleborough Leaves First Circuit’s New Student-Speech
        Standard Intact

“The Demeaning-Identity Test” – Supreme Court’s Refusal to Review L. M. v. Middleborough Leaves First Circuit’s New Student-Speech Standard Intact

Date: May 28, 2025
“The Demeaning-Identity Test” – Supreme Court’s Refusal to Review L. M. v. Middleborough Leaves First Circuit’s New Student-Speech Standard Intact 1. Introduction L. M. v. Town of Middleborough,...
The “Disposition-of-Government-Property” Exception: A New Limitation on RFRA after Apache Stronghold v. United States

The “Disposition-of-Government-Property” Exception: A New Limitation on RFRA after Apache Stronghold v. United States

Date: May 28, 2025
The “Disposition-of-Government-Property” Exception: A New Limitation on RFRA after Apache Stronghold v. United States 1. Introduction Apache Stronghold v. United States (605 U.S. ___ (2025)) arose...
Affirmation of Divisibility of Pennsylvania Drug Statute and Modified Categorical Analysis in Removal Proceedings

Affirmation of Divisibility of Pennsylvania Drug Statute and Modified Categorical Analysis in Removal Proceedings

Date: May 28, 2025
Affirmation of Divisibility of Pennsylvania Drug Statute and Modified Categorical Analysis in Removal Proceedings Introduction Leury Bacilio Roa v. Pamela Bondi (6th Cir. May 27, 2025) addresses...
Clarifying the Evidentiary Threshold for Race Discrimination under Title VII: Pretext, Subjective Promotion Processes, and Discretionary Sanctions

Clarifying the Evidentiary Threshold for Race Discrimination under Title VII: Pretext, Subjective Promotion Processes, and Discretionary Sanctions

Date: May 28, 2025
Clarifying the Evidentiary Threshold for Race Discrimination under Title VII: Pretext, Subjective Promotion Processes, and Discretionary Sanctions Introduction This commentary addresses the Sixth...
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims

Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims

Date: May 28, 2025
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims 1. Introduction In Ketcham v. City of Mount Vernon, No. 24-825 (2d Cir. May 27, 2025), the United States...
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County

Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County

Date: May 28, 2025
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County Introduction Flanagan v. Girl Scouts of Suffolk County, Inc., 23-7900-cv (2d...
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Date: May 28, 2025
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority Introduction This commentary examines the Supreme Court of Montana’s decision in Z.M.L. v....
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

Date: May 28, 2025
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent Introduction The Supreme Court of Montana reviewed the appeal of Donna Elizabeth...
Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin

Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025
Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin Introduction In Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18 (Wis. May...
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