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defining-& Case Commentaries

When Interdependent SEC Rules Are Adopted Together, the Agency Must Quantify Their Combined Economic Impact

When Interdependent SEC Rules Are Adopted Together, the Agency Must Quantify Their Combined Economic Impact

Date: Aug 29, 2025
When Interdependent SEC Rules Are Adopted Together, the Agency Must Quantify Their Combined Economic Impact Introduction In National Association of Private Fund Managers v. SEC (5th Cir. Aug. 25,...
“Remote Nexus” Meets “Continuing Offense”: Fifth Circuit Affirms § 5K2.21 Upward Departure for Uncharged Failure-to-Register During a § 1326 “Found In” Reentry

“Remote Nexus” Meets “Continuing Offense”: Fifth Circuit Affirms § 5K2.21 Upward Departure for Uncharged Failure-to-Register During a § 1326 “Found In” Reentry

Date: Aug 29, 2025
“Remote Nexus” Meets “Continuing Offense”: Fifth Circuit Affirms § 5K2.21 Upward Departure for Uncharged Failure-to-Register During a § 1326 “Found In” Reentry Introduction In United States v....
No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization

No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization

Date: Aug 29, 2025
No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization Case:...
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Date: Aug 29, 2025
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State Introduction In Antonio Sauceda Reyes a/k/a Antonio Reyes v....
Short Terms, Harsh Conditions: Seventh Circuit Holds That Three Months of Solitary in “Disgusting” Conditions Implicates a Liberty Interest, Yet Affirms on Qualified Immunity (Jackson v. Anastacio)

Short Terms, Harsh Conditions: Seventh Circuit Holds That Three Months of Solitary in “Disgusting” Conditions Implicates a Liberty Interest, Yet Affirms on Qualified Immunity (Jackson v. Anastacio)

Date: Aug 28, 2025
Short Terms, Harsh Conditions: Seventh Circuit Holds That Three Months of Solitary in “Disgusting” Conditions Implicates a Liberty Interest, Yet Affirms on Qualified Immunity Introduction This...
Ortiz and McDonnell Douglas Reconciled: Comparator Pay Proof Is Essential in Title VII Pay-Disparity Claims

Ortiz and McDonnell Douglas Reconciled: Comparator Pay Proof Is Essential in Title VII Pay-Disparity Claims

Date: Aug 28, 2025
Ortiz and McDonnell Douglas Reconciled: Comparator Pay Proof Is Essential in Title VII Pay-Disparity Claims Introduction In Frankie Nelson v. County of Cook (No. 24-2123), the Seventh Circuit...
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Date: Aug 28, 2025
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases...
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Date: Aug 28, 2025
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025) Introduction In United States v. Abisail Ramirez Ponce, No....
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

Date: Aug 28, 2025
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits Introduction In United States v. William Dayshawn Wilson, a published decision...
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

Date: Aug 27, 2025
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards Introduction Carvalho v. Carvalho, 2025 ND 129, emerges from a...
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Date: Aug 27, 2025
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims Commentary on John Paul Mac Isaac v. Politico LLC, 319...
Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Date: Aug 26, 2025
Rodriguez v. Mauna Kea Resort LLC: The New Requirement to State the Exact Portion of a Service Charge Paid as Tip Income Introduction Rodriguez v. Mauna Kea Resort LLC, 155 Haw. 223 (Haw. 2025),...

        “Materiality of Temporal Inconsistencies in Credibility Assessments” — 
        Commentary on Bannikov v. Bondi (2d Cir. 2025)

“Materiality of Temporal Inconsistencies in Credibility Assessments” — Commentary on Bannikov v. Bondi (2d Cir. 2025)

Date: Aug 26, 2025
Materiality of Temporal Inconsistencies in Credibility Assessments — Analytical Commentary on Bannikov v. Bondi, 24-1202 (2d Cir. 2025) 1. Introduction Parties: Russian nationals Pavel Bannikov,...
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

Date: Aug 26, 2025
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi Introduction In Gualan-Pomaquiza v. Bondi, No. 23-7852 (2d...
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Date: Aug 26, 2025
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: The Second Circuit’s Decision in EEOC v. AAM Holding Corp. Introduction On 25 August 2025 the United States Court of Appeals for the Second...

        Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) —
        Comment on United States v. Mercado (2025)

Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) — Comment on United States v. Mercado (2025)

Date: Aug 26, 2025
Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) Commentary on United States v. Mercado, 25-206-cr (2d Cir. Aug. 25 2025) 1. Introduction United States...
“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation

“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation

Date: Aug 26, 2025
“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation Introduction In Kareem Marshall v. Creditors...
“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel

“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel

Date: Aug 26, 2025
“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel Introduction Mehrnoosh Payrow v. Chad Chronister addresses a civil rights action...
Choice-of-Law Limits on Restrictive-Covenant Litigation: Commentary on NetRoadshow, Inc. v. Carrandi (11th Cir. 2025)

Choice-of-Law Limits on Restrictive-Covenant Litigation: Commentary on NetRoadshow, Inc. v. Carrandi (11th Cir. 2025)

Date: Aug 26, 2025
Eleventh Circuit Draws a Clear Line Between Contractual and Statutory-Tort Claims in Choice-of-Law Analysis: NetRoadshow, Inc. v. Carrandi (11th Cir. 2025) 1. Introduction NetRoadshow, Inc. v. Lisa...
“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings

“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings

Date: Aug 26, 2025
“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings 1. Introduction Thomas Burgess, an African-American applicant...
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