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  • Commentaries
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federal Case Commentaries

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release

Date: Dec 14, 2025
United States v. Williams: Evidentiary Demands for “Extraordinary and Compelling” Medical Circumstances in Compassionate Release I. Introduction In United States v. Troy H. Williams, No. 25-3241 (6th...
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton

Date: Dec 14, 2025
Deference to Jail Medical Staff and the “Highly Probable Risk” Standard in Pretrial Detainee Medical-Care Claims: Commentary on Hehrer v. County of Clinton I. Introduction The Sixth Circuit’s...
United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops

United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops

Date: Dec 14, 2025
United States v. Hawkins and the Limits of Reasonable Suspicion to Extend Traffic Stops I. Introduction The Fourth Circuit’s published decision in United States v. Tremayne T. Hawkins (No. 24‑4502,...
Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. UMMS (4th Cir. 2025)

Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. UMMS (4th Cir. 2025)

Date: Dec 14, 2025
Alternate Health-Care Agents as Witnesses and Disability Discrimination: Commentary on Jane Doe v. University of Maryland Medical System Corp. (4th Cir. 2025) I. Introduction This unpublished Fourth...

      Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s
      Expansion of § 924(c) Liability in United States v. McHenry

Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry

Date: Dec 14, 2025
Constructive Carriage and the Escape Phase of Robbery: The Tenth Circuit’s Expansion of § 924(c) Liability in United States v. McHenry I. Introduction A. Overview In United States v. McHenry, No....
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025)

Date: Dec 14, 2025
Detention Orders Need Not Address Each Proposed Release Condition When § 3142(g) Factors Are Fully Analyzed: Commentary on United States v. Valle-Acosta (10th Cir. 2025) I. Introduction The Tenth...
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act

Date: Dec 14, 2025
United States v. Samilton: Sufficiency of Detention Findings and Use of Unadjudicated Conduct under the Bail Reform Act I. Introduction The Tenth Circuit’s unpublished order in United States v....
Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Prospective Defunding, Not Punishment: Planned Parenthood v. Kennedy and the Limits of Bill of Attainder & Unconstitutional-Conditions Challenges

Date: Dec 14, 2025
Prospective Defunding, Not Punishment: Planned Parenthood Federation of America, Inc. v. Kennedy and the Limits of Bill of Attainder and Unconstitutional‑Conditions Challenges 1. Introduction The...
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy

Date: Dec 14, 2025
Targeted Medicaid Defunding, the Bill of Attainder Clause, and “Affiliates”: Commentary on Planned Parenthood Federation of America, Inc. v. Kennedy I. Introduction In Planned Parenthood Federation...
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly

Date: Dec 14, 2025
Ambiguity, AEDPA Deference, and Batson/Powers Challenges: A Commentary on Garrey v. Kelly I. Introduction The First Circuit’s decision in Garrey v. Kelly, No. 21‑1197 (1st Cir. Dec. 12, 2025), sits...
Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education

Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education

Date: Dec 13, 2025
Rogers v. Western Governors University: Marketing “Flexibility” as Puffery and the Limits of Disability & Race Claims in Online Higher Education I. Introduction In James Paul Rogers v. Western...
Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025)

Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025)

Date: Dec 13, 2025
Waiver by Incoherent Briefing and the Risk of Appellate Sanctions: Commentary on Kibbons v. Peloso (7th Cir. 2025) I. Introduction This commentary analyzes the Seventh Circuit’s nonprecedential...
Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades

Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades

Date: Dec 13, 2025
Overwhelming Circumstantial Evidence and Harmless Error in Drug Prosecutions: Commentary on United States v. Victor Cremades I. Introduction The Eleventh Circuit’s published decision in United States...
Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: Commentary on Brandon v. Sensio, Inc.

Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: Commentary on Brandon v. Sensio, Inc.

Date: Dec 13, 2025
Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: A Detailed Commentary on Brandon v. Sensio, Inc. (2d Cir. 2025) I. Introduction This commentary examines the...
Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison

Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison

Date: Dec 13, 2025
Reaffirming “Little Tolerance” for Shotgun Pleadings: Commentary on Spence v. Georgia Diagnostic & Classification Prison I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished...
Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega

Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega

Date: Dec 13, 2025
Strict Compliance with Supplemental Rule G and Cured Premature Appeals in Civil Forfeiture: Commentary on United States v. Rosa Vega I. Introduction The Eleventh Circuit’s unpublished per curiam...
United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets

United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets

Date: Dec 13, 2025
United States v. Rivera: No Constitutional Right to a Pre‑Restraint Evidentiary Hearing on Traceability and the Low Probable‑Cause Threshold for Commingled Assets I. Introduction The Eleventh...
Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand

Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand

Date: Dec 13, 2025
Reaffirming § 922(g)(1)’s Constitutionality and Intended Loss in Fraud Sentencing: Commentary on United States v. Romuel Angrand I. Introduction The unpublished Eleventh Circuit decision in United...
The Appellant’s Burden to Supply an Adequate Record and Show Prejudice: Commentary on Sedore v. Landfair (6th Cir. 2025)

The Appellant’s Burden to Supply an Adequate Record and Show Prejudice: Commentary on Sedore v. Landfair (6th Cir. 2025)

Date: Dec 13, 2025
The Appellant’s Burden to Supply an Adequate Record and Demonstrate Prejudice in Civil Appeals: Commentary on Sedore v. Landfair (6th Cir. 2025) 1. Introduction The unpublished Sixth Circuit decision...
Reliance on Unobjected PSR Convictions and Limits on Lifetime Federal Benefits Bans: Commentary on United States v. Goins (6th Cir. 2025)

Reliance on Unobjected PSR Convictions and Limits on Lifetime Federal Benefits Bans: Commentary on United States v. Goins (6th Cir. 2025)

Date: Dec 13, 2025
Reliance on Unobjected PSR Convictions and Limits on Lifetime Federal Benefits Bans: Commentary on United States v. Goins (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished decision in...
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