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  • Commentaries
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comprehensive-interpretation-of-& Case Commentaries

“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

Date: Jul 5, 2025
“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025) 1. Introduction Glenn v. Britt, No. 23-11890 (11th...
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

Date: Jul 5, 2025
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability 1. Introduction In Linda Banks v....
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

Date: Jul 5, 2025
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting 1. Introduction In...
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

Date: Jul 5, 2025
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron, 23-13879 (11th Cir. July 3 2025)...
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

Date: Jul 5, 2025
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025) 1. Introduction The Eleventh Circuit’s unpublished but significant...
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

Date: Jul 5, 2025
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas Introduction United States v. Richard Simpkins (No....
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Date: Jul 5, 2025
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings Introduction United States v. Brenden David Martin is an...
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Date: Jul 5, 2025
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Marzell Anderson, III Introduction The Sixth Circuit’s unpublished opinion in...
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Date: Jul 5, 2025
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA 1. Introduction Crick v. Rogers, No. 24-6190 (10th Cir. July 3, 2025), is...
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed:  Carter v. Cook County Sheriff

“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff

Date: Jul 5, 2025
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff, Seventh Circuit (2025) 1. Introduction Alexander Carter and eight co-plaintiffs, all former detainees...
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Date: Jul 5, 2025
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump Introduction On 3 July 2025, the United States Court of Appeals for the...
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

Date: Jul 5, 2025
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims 1. Introduction The First Circuit’s decision in United...
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

Date: Jul 5, 2025
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies Commentary on Department of Homeland Security v. D.V.D., 606 U.S. ___ (2025)...
Express-Authorization Doctrine for Cosmetic Surgery:  Anderson v. Department of Commerce (2025 UT 19)

Express-Authorization Doctrine for Cosmetic Surgery: Anderson v. Department of Commerce (2025 UT 19)

Date: Jul 5, 2025
“Express-Authorization Doctrine” for Ablative Cosmetic Medical Procedures A Commentary on Anderson v. Utah Department of Commerce, 2025 UT 19 1. Introduction Anderson v. Department of Commerce...
Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting –
         Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority

Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting – Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority

Date: Jul 5, 2025
Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting – Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority Introduction The Nebraska Supreme Court’s decision...
Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays

Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays

Date: Jul 5, 2025
Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays 1. Introduction In State v. Brooks, 319 Neb. 377 (2025), the Nebraska Supreme Court confronted...
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

Date: Jul 4, 2025
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals Introduction United States v. Pedro Sanchez-LaPorte (3d Cir. July 2, 2025) is an unpublished...
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

Date: Jul 4, 2025
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541 I. Introduction Crystal Clear Special Utility District (Crystal Clear) sought to...
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Date: Jul 4, 2025
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark 1. Introduction Reed v. Marshall, No. 24-20198 (5th Cir. July 2 2025) resolves a modern twist on an old...
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Date: Jul 4, 2025
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Somes v. Rural Media Group, Inc. Introduction In Somes v. Rural Media Group, Inc., the United States Court of Appeals for the Fifth...
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