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comprehensive-interpretation-of-& Case Commentaries

“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances

“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances

Date: Jul 23, 2025
“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances Introduction In Meredith Logan Whitehurst v. Town of Sullivan’s...
The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments

The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments

Date: Jul 23, 2025
The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments 1. Introduction In State v. Charles Dent, Opinion...
Automatic Administrative Suspension for CLE Non-Compliance – A New Phase in Pa.R.C.L.E. 111(b) Enforcement

Automatic Administrative Suspension for CLE Non-Compliance – A New Phase in Pa.R.C.L.E. 111(b) Enforcement

Date: Jul 23, 2025
Automatic Administrative Suspension for CLE Non-Compliance: Supreme Court of Pennsylvania’s July 2025 Order under Pa.R.C.L.E. 111(b) 1. Introduction On 16 July 2025 the Supreme Court of Pennsylvania...
“The Senters Clarification”: Specificized Pleading of Medical-Necessity Falsity under the False Claims Act in the Eleventh Circuit

“The Senters Clarification”: Specificized Pleading of Medical-Necessity Falsity under the False Claims Act in the Eleventh Circuit

Date: Jul 23, 2025
“The Senters Clarification”: Specificized Pleading of Medical-Necessity Falsity under the False Claims Act in the Eleventh Circuit Introduction Barbara Senters v. Quest Diagnostics, Inc., No....
“Competency-Aware” Enforcement of Appeal Waivers –  The Legacy of United States v. Tenzin Orgil

“Competency-Aware” Enforcement of Appeal Waivers – The Legacy of United States v. Tenzin Orgil

Date: Jul 23, 2025
“Competency-Aware” Enforcement of Appeal Waivers – The Legacy of United States v. Tenzin Orgil Introduction On 16 July 2025, the Court of Appeals for the Eleventh Circuit handed down its...

        State v. Traynham: Clarifying “Degree-Versus-Kind” Inculpation and the
        Trustworthiness Standard for Dual Inculpatory Statements Against Penal Interest

State v. Traynham: Clarifying “Degree-Versus-Kind” Inculpation and the Trustworthiness Standard for Dual Inculpatory Statements Against Penal Interest

Date: Jul 23, 2025
State v. Traynham: Clarifying “Degree-Versus-Kind” Inculpation and the Trustworthiness Standard for Dual Inculpatory Statements Against Penal Interest 1. Introduction In State v. Traynham, 0 Conn. 1...
“Contextual Nexus” Requirement for Third-Party Culpability Instructions – A Commentary on State v. Simmons (Conn. 2025)

“Contextual Nexus” Requirement for Third-Party Culpability Instructions – A Commentary on State v. Simmons (Conn. 2025)

Date: Jul 23, 2025
“Contextual Nexus” Requirement for Third-Party Culpability Instructions A Structured Commentary on State v. Simmons, 358 Conn. ___ (July 22, 2025) I. Introduction On 22 July 2025 the Supreme Court of...

        Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” 
        and Refines Brady Disclosure Duties Where Prejudice Is Absent

Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” and Refines Brady Disclosure Duties Where Prejudice Is Absent

Date: Jul 23, 2025
Tisinger v. State: Delaware Supreme Court Re-Affirms the “Bench-Trial Hearsay Presumption” and Refines Brady Disclosure Duties Where Prejudice Is Absent Introduction Dominique Tisinger appealed his...
Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine

Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine

Date: Jul 22, 2025
Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine Alberty v. Hunter, No. 23-7564-cv, United States Court of Appeals for the Second Circuit (decided 21 July 2025)...
Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response

Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response

Date: Jul 22, 2025
Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response 1. Introduction In Cement and Concrete...
Hernandez v. McIntosh:  Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference

Hernandez v. McIntosh: Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference

Date: Jul 22, 2025
Hernandez v. McIntosh: Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference 1. Introduction Pedro Hernandez was convicted in New York State court of the 1979...
United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed

United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed

Date: Jul 22, 2025
United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed Introduction United States v. Adamu, Nos. 23-6561 & 23-6696 (2d Cir. July 21,...
“Culpable-Nexus” Doctrine Under JASTA – A Commentary on Wildman v. Deutsche Bank

“Culpable-Nexus” Doctrine Under JASTA – A Commentary on Wildman v. Deutsche Bank

Date: Jul 22, 2025
Wildman v. Deutsche Bank – The Second Circuit Crystallises a “Culpable-Nexus” Requirement for Bank Liability under JASTA 1. Introduction In Wildman v. Deutsche Bank, Docket No. 23-132 (2d Cir....
McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System

McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System

Date: Jul 22, 2025
McClendon El v. Washington: Clarifying the Absence of a Liberty Interest in Avoiding Sex-Offender Programming under Michigan’s Discretionary Parole System 1. Introduction In Anthony McClendon El v....
“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments

“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments

Date: Jul 22, 2025
“Conscious Abandonment Equals Waiver” – United States v. Scales and the Sixth Circuit’s Clarification on Government Waiver of Probable-Cause Arguments Introduction United States v. Jeffrey L. Scales,...
Reaffirming the Narrow Scope of the Reeves Exception: Pretext Alone Sends ADA & Rehabilitation Act Claims to a Jury

Reaffirming the Narrow Scope of the Reeves Exception: Pretext Alone Sends ADA & Rehabilitation Act Claims to a Jury

Date: Jul 22, 2025
Reaffirming the Narrow Scope of the Reeves Exception: Pretext Alone Sends ADA & Rehabilitation Act Claims to a Jury Introduction In Jenny v. L3Harris Technologies, Inc., the United States Court of...
From “Significant Change” to “Some Harm”: The Tenth Circuit’s Adoption of the Muldrow Standard in Scheer v. Sisters of Charity

From “Significant Change” to “Some Harm”: The Tenth Circuit’s Adoption of the Muldrow Standard in Scheer v. Sisters of Charity

Date: Jul 22, 2025
From “Significant Change” to “Some Harm”: The Tenth Circuit’s Adoption of the Muldrow Standard in Scheer v. Sisters of Charity 1. Introduction Case: Bethany Scheer v. Sisters of Charity of...
United States v. Halbert: Clarifying the Evidentiary Burden for Sentencing-Disparity Challenges on Appeal

United States v. Halbert: Clarifying the Evidentiary Burden for Sentencing-Disparity Challenges on Appeal

Date: Jul 22, 2025
United States v. Halbert: Clarifying the Evidentiary Burden for Sentencing-Disparity Challenges on Appeal 1. Introduction United States v. Halbert, No. 24-6181 (10th Cir. July 21, 2025) concerns the...
United States v. Kay: Defining “Likely to Thwart” Under U.S.S.G. § 3C1.1 Note 1

United States v. Kay: Defining “Likely to Thwart” Under U.S.S.G. § 3C1.1 Note 1

Date: Jul 22, 2025
United States v. Kay: Defining “Likely to Thwart” Under U.S.S.G. § 3C1.1 Note 1 Introduction The Tenth Circuit’s published decision in United States v. Kay, No. 24-4018 (10th Cir. July 21, 2025),...
Function-over-Form in Abstention: Seventh Circuit Bars Immediate Appeals from Non-Dispositive Colorado River Stays

Function-over-Form in Abstention: Seventh Circuit Bars Immediate Appeals from Non-Dispositive Colorado River Stays

Date: Jul 22, 2025
Function-over-Form in Abstention: Seventh Circuit Bars Immediate Appeals from Non-Dispositive Colorado River Stays 1. Introduction East Gate-Logistics Park Chicago, LLC and its related developer...
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