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comprehensive-interpretation-of-& Case Commentaries

No Mens Rea Required for DEA Registration Revocations Under 21 U.S.C. § 824; Due Process Satisfied by Opportunity for Hearing

No Mens Rea Required for DEA Registration Revocations Under 21 U.S.C. § 824; Due Process Satisfied by Opportunity for Hearing

Date: Sep 8, 2025
No Mens Rea Required for DEA Registration Revocations Under 21 U.S.C. § 824; Due Process Satisfied by Opportunity for Hearing Introduction In Sualeh Kamal Ashraf v. United States Drug Enforcement...
Regulatory Complaints Are Not FCA Notice: Seventh Circuit Clarifies §3730(h) in Off‑Label Marketing and Third‑Party Causation (Lewis v. AbbVie)

Regulatory Complaints Are Not FCA Notice: Seventh Circuit Clarifies §3730(h) in Off‑Label Marketing and Third‑Party Causation (Lewis v. AbbVie)

Date: Sep 8, 2025
Regulatory Complaints Are Not FCA Notice: Seventh Circuit Clarifies §3730(h) in Off‑Label Marketing and Third‑Party Causation Commentary on Jeffrey Lewis v. AbbVie Inc., Court of Appeals for the...
Reaffirming Key Sex‑Trafficking Sentencing Enhancements and Mandatory Restitution: Seventh Circuit Dismisses Appeal Under Anders in United States v. Arnold

Reaffirming Key Sex‑Trafficking Sentencing Enhancements and Mandatory Restitution: Seventh Circuit Dismisses Appeal Under Anders in United States v. Arnold

Date: Sep 8, 2025
Reaffirming Key Sex‑Trafficking Sentencing Enhancements and Mandatory Restitution: Seventh Circuit Dismisses Appeal Under Anders in United States v. Arnold Introduction In United States v. Daryl S....
Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland

Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland

Date: Sep 8, 2025
Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland Court: United States Court of...
Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with reasonable certainty

Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with reasonable certainty

Date: Sep 8, 2025
Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with...
Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing Restrictions

Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing Restrictions

Date: Sep 8, 2025
Tenth Circuit Clarifies That Ex Parte Young Normally Does Not Permit Injunctions Against State Judges or Clerks; Sovereign and Quasi‑Judicial Immunity Defeat § 1983 Challenge to State‑Court Filing...
Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur

Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur

Date: Sep 8, 2025
Tenth Circuit Clarifies: No Implied Waiver of Eleventh Amendment Immunity by Litigation Silence; Post‑Judgment Amendment Requires Prior Vacatur Introduction In Merryfield v. State of Kansas, the...
Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse

Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse

Date: Sep 8, 2025
Illegality Trumps Comparative Fault: Tenth Circuit Predicts Kansas Bars Product Liability Claims Arising from a Plaintiff’s Criminal Misuse Introduction This published decision of the United States...
Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required

Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required

Date: Sep 8, 2025
Scott v. Allen: Tenth Circuit Clarifies Pre‑Enforcement Standing—No Admission of Illegality or Proof of Statutory Mens Rea Required Introduction In Scott v. Allen, the Tenth Circuit reversed a...
Unsubstantiated Third‑Party Abuse Allegations Are Generally Irrelevant Under Rule 412(b)(1)(C); Tenth Circuit Reaffirms Strict Foundations for Impeachment by Prior Inconsistent Statements

Unsubstantiated Third‑Party Abuse Allegations Are Generally Irrelevant Under Rule 412(b)(1)(C); Tenth Circuit Reaffirms Strict Foundations for Impeachment by Prior Inconsistent Statements

Date: Sep 8, 2025
Unsubstantiated Third‑Party Abuse Allegations Are Generally Irrelevant Under Rule 412(b)(1)(C); Tenth Circuit Reaffirms Strict Foundations for Impeachment by Prior Inconsistent Statements...
Record-Supported Adult-Pornography Bans Survive Plain-Error Review; Harm-and-Duration Can Justify Significant Upward Variances: Commentary on United States v. Doty (10th Cir. 2025)

Record-Supported Adult-Pornography Bans Survive Plain-Error Review; Harm-and-Duration Can Justify Significant Upward Variances: Commentary on United States v. Doty (10th Cir. 2025)

Date: Sep 8, 2025
Record-Supported Adult-Pornography Bans Survive Plain-Error Review; Harm-and-Duration Can Justify Significant Upward Variances Case: United States v. Doty, No. 24-5091 (10th Cir. Sept. 3, 2025)...
Pretrial Detention as the Historical Analogue: Tenth Circuit Upholds § 922(n)’s Temporary Ban on Firearm Receipt by Indicted Persons

Pretrial Detention as the Historical Analogue: Tenth Circuit Upholds § 922(n)’s Temporary Ban on Firearm Receipt by Indicted Persons

Date: Sep 8, 2025
Pretrial Detention as the Historical Analogue: Tenth Circuit Upholds § 922(n)’s Temporary Ban on Firearm Receipt by Indicted Persons Case: United States v. Ogilvie, No. 24-4089 (10th Cir. Sept. 3,...
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025)

Date: Sep 8, 2025
Strict PLRA Exhaustion Through SOIGA and Rule 21 Dismissal of Unidentified Defendants: Commentary on Johnson v. Bienkowski (3d Cir. 2025) Introduction This commentary examines the Third Circuit’s...
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21

Date: Sep 8, 2025
No Exhaustion, No Case: Third Circuit Reaffirms Strict PLRA Compliance and Permits Dismissal of Unidentified Defendants under Rule 21 Introduction In Armoni Johnson v. Bienkoski, Nos. 24-1049 &...
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify

Date: Sep 8, 2025
Civil-Rights Removal Revisited: Invoking 28 U.S.C. § 1443 Permits Full Appellate Review of Remand Orders, but ADA-Based Arguments Do Not Qualify Introduction This commentary analyzes the Third...
Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release

Date: Sep 8, 2025
Standing Orders Are Not Enough: Fifth Circuit Requires Oral Pronouncement of All Special Conditions of Supervised Release Case: United States v. Osorio-Avelar, No. 24-20393 (5th Cir. Sept. 2, 2025)...
Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld

Date: Sep 8, 2025
Defining “Invasion” and “Predatory Incursion” Under the Alien Enemies Act: Fifth Circuit Polices Statutory Preconditions and Grants Classwide Preliminary Relief; Seven‑Day Notice Tentatively Upheld...
Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support”

Date: Sep 8, 2025
Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support” Introduction This published decision from the...
Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause: Jensen v. Maryland Cannabis Administration (4th Cir. 2025)

Date: Sep 8, 2025
Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause Commentary on Justyna Jensen v. Maryland Cannabis...
Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes

Date: Sep 8, 2025
Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes Introduction This commentary analyzes...
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