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  • Commentaries
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defining-& Case Commentaries

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Date: Aug 31, 2025
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Date: Aug 31, 2025
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Date: Aug 31, 2025
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Date: Aug 31, 2025
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors...
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

Date: Aug 31, 2025
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty Introduction In Williams v. Wingrove,...
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

Date: Aug 31, 2025
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split Introduction This commentary analyzes the Sixth Circuit’s...
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

Date: Aug 31, 2025
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR) Introduction...
“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame

“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame

Date: Aug 31, 2025
“Private” Social Media as a Stage Whisper: Seventh Circuit Clarifies Pickering Balancing for Teachers’ Off‑Duty Posts and Rejects the Heckler’s‑Veto Frame Case: Jeanne Hedgepeth v. James A. Britton,...
When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement

When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement

Date: Aug 31, 2025
When a State Court Says “No” to Arbitration, Federal Courts Don’t Re‑Ask: Seventh Circuit Enforces Issue Preclusion After a Denial of Arbitration and Subsequent Settlement Introduction In Mazen Agha...
Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading

Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading

Date: Aug 31, 2025
Anonymous Tips Are Not Enough: Seventh Circuit Tightens Qualified Immunity Where Officers Fail to Corroborate Animal-Neglect Allegations and Clarifies Federal Malicious Prosecution Pleading...
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church

Date: Aug 31, 2025
No RICO for Disputes over Religious Truth; Reliance-Based Tithing Fraud Must Plead Proximate Cause: The Tenth Circuit’s Dual Holding in Gaddy v. COP of the LDS Church Introduction In a published...
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi

Date: Aug 31, 2025
No Bright-Line Bar to Mixed-Motive Family Nexus: Tenth Circuit Vacates BIA’s “Means-to-an-End” Rule in O.C.V. v. Bondi Introduction In O.C.V. v. Bondi, the Tenth Circuit issued a published decision...
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent: United States v. Clay

Date: Aug 31, 2025
Tenth Circuit Rejects Categorical Approach to Rule 413 and Reaffirms that Prior Prostitution Is Not Probative of Consent Comprehensive Commentary on United States v. Clay (10th Cir. 2025)...
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison

Date: Aug 31, 2025
Prospective Dangerousness as a Constitutional Principle for Disarmament: Tenth Circuit Remands § 922(g)(3) Marijuana Case for Evidence in United States v. Harrison Introduction United States v....
Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State

Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State

Date: Aug 31, 2025
Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State Introduction In Allen v. State, the...
Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials

Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials

Date: Aug 31, 2025
Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials Introduction In Foster v. State (Supreme Court of...
Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II)

Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II)

Date: Aug 31, 2025
Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II) Introduction In Gateway Pines Hahira, LP v. Lowndes County...
Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by Non-Eyewitness Child Clarified

Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by Non-Eyewitness Child Clarified

Date: Aug 31, 2025
Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by...
Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025)

Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025)

Date: Aug 31, 2025
Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025) Introduction In Mack v. State, the Supreme Court of...
No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State

No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State

Date: Aug 31, 2025
No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State Introduction In Marrow v. State (Supreme...
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