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  • Commentaries
  • Judgments

federal Case Commentaries

Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025)

Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025)

Date: Dec 16, 2025
Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025) I. Introduction In Barnes v. United States, No. 24-830...
Reaffirming Loughrin: No Bank Fraud Under § 1344(2) Absent a Misrepresentation to a Bank

Reaffirming Loughrin: No Bank Fraud Under § 1344(2) Absent a Misrepresentation to a Bank

Date: Dec 16, 2025
Reaffirming Loughrin: No Bank Fraud Under 18 U.S.C. § 1344(2) Absent a Misrepresentation to a Bank Introduction This commentary analyzes the Seventh Circuit’s decision in United States v. Tonya...
United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank

United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank

Date: Dec 16, 2025
United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank Introduction This Seventh Circuit decision, United States v. Tonya Robinson & Albert Smith...
Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections

Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections

Date: Dec 16, 2025
Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections I. Introduction This commentary analyzes the Eleventh...
Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes

Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes

Date: Dec 16, 2025
Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes I. Introduction In Alabama State Conference of the NAACP v. Attorney...
Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief

Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief

Date: Dec 16, 2025
Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief Note: This commentary is for educational and...
Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025)

Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025)

Date: Dec 16, 2025
Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...
Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit

Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit

Date: Dec 16, 2025
Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit 1. Introduction In Chalmers v. National Collegiate Athletic Association, No. 25‑1307‑cv (2d Cir. Dec....
No Standing to Appeal a Fully Successful Rule 36 Motion: Finality, Clerical Amendments, and Multi‑Count Judgments in United States v. Dhinsa (2d Cir. 2025)

No Standing to Appeal a Fully Successful Rule 36 Motion: Finality, Clerical Amendments, and Multi‑Count Judgments in United States v. Dhinsa (2d Cir. 2025)

Date: Dec 16, 2025
No Standing to Appeal a Fully Successful Rule 36 Motion: Finality, Clerical Amendments, and Multi‑Count Judgments in United States v. Dhinsa (2d Cir. 2025) I. Introduction The Second Circuit’s...
Foreseeable Telephonic Contacts and the Limits of Acceptance-of-Responsibility Reductions: Commentary on United States v. Washington (2d Cir. 2025)

Foreseeable Telephonic Contacts and the Limits of Acceptance-of-Responsibility Reductions: Commentary on United States v. Washington (2d Cir. 2025)

Date: Dec 16, 2025
Foreseeable Telephonic Contacts and the Limits of Acceptance-of-Responsibility Reductions: Commentary on United States v. Washington (2d Cir. 2025) I. Introduction The Second Circuit’s summary order...
Qualified Immunity and Unsettled Prisoner Rights in Chronic Discipline Classification: Commentary on Baltas v. Jones (2d Cir. 2025)

Qualified Immunity and Unsettled Prisoner Rights in Chronic Discipline Classification: Commentary on Baltas v. Jones (2d Cir. 2025)

Date: Dec 16, 2025
Qualified Immunity and Unsettled Prisoner Rights in Chronic Discipline Classification: Commentary on Baltas v. Jones (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in Baltas v....

    Issue Preservation and Medical-Opinion Evaluation in Social Security Disability Appeals:
    Commentary on Joshua Childress v. Commissioner of Social Security (11th Cir. 2025)

Issue Preservation and Medical-Opinion Evaluation in Social Security Disability Appeals: Commentary on Joshua Childress v. Commissioner of Social Security (11th Cir. 2025)

Date: Dec 16, 2025
Issue Preservation and Medical-Opinion Evaluation in Social Security Disability Appeals: Commentary on Joshua Childress v. Social Security Administration, Commissioner (11th Cir., Dec. 15, 2025) I....
United States v. Khedkar: Deferential Appellate Review and Guideline Enhancements in Undercover Child-Enticement Cases

United States v. Khedkar: Deferential Appellate Review and Guideline Enhancements in Undercover Child-Enticement Cases

Date: Dec 16, 2025
United States v. Khedkar: Deferential Appellate Review and Guideline Enhancements in Undercover Child-Enticement Cases I. Introduction United States v. Amol Chandrashekhar Khedkar (11th Cir. No....
Internal Personnel Disputes, Public Concern, and Constructive Discharge: Commentary on Friedman v. Town of Pembroke Park

Internal Personnel Disputes, Public Concern, and Constructive Discharge: Commentary on Friedman v. Town of Pembroke Park

Date: Dec 16, 2025
Internal Personnel Disputes, Public Concern, and Constructive Discharge: A Commentary on Friedman v. Town of Pembroke Park (11th Cir. 2025) I. Introduction This commentary examines the Eleventh...
Ambiguous Health-Related Remarks and Remote-Work Friction Are Not Enough: The Eleventh Circuit’s High Bar for Proving Disability Discrimination in Probationary Employment (Emily Laughlin v. Miami‑Dade County)

Ambiguous Health-Related Remarks and Remote-Work Friction Are Not Enough: The Eleventh Circuit’s High Bar for Proving Disability Discrimination in Probationary Employment (Emily Laughlin v. Miami‑Dade County)

Date: Dec 16, 2025
Ambiguous Health-Related Remarks and Remote-Work Friction Are Not Enough: The Eleventh Circuit’s High Bar for Proving Disability Discrimination in Probationary Employment I. Introduction The Eleventh...
Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management

Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management

Date: Dec 15, 2025
Perez v. City of San Antonio: Limiting Texas’s Religious Services Clause and Applying Strict Scrutiny to Public Land Management I. Introduction In Perez v. City of San Antonio, No. 23-50746 (5th Cir....
United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A

United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A

Date: Dec 15, 2025
United States v. Watson: Modified Categorical Approach, “Relating To” Predicate Sex Offenses, and State Registration Duties Under § 2260A I. Introduction In United States v. Roland Vance Watson, No....
Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County

Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County

Date: Dec 15, 2025
Pretext, Preselection, and Comparative Qualifications in Title VII Promotion Cases: Commentary on Hood‑Wilson v. Board of Trustees, Community College of Baltimore County 1. Introduction This...
Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025)

Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025)

Date: Dec 15, 2025
Extraordinary Reasons, Ordinary Deference: Appellate Review of Compassionate Release After United States v. Washington (4th Cir. 2025) I. Introduction In United States v. Mitchell Washington, No....
Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections

Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections

Date: Dec 15, 2025
Equitable Timeliness, Not Statutes of Limitation, Governs Last-Minute Method‑of‑Execution Stays: Commentary on Frank A. Walls v. Secretary, Department of Corrections I. Introduction The Eleventh...
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