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Actual Innocence as a Gateway Around § 2254 Procedural Bars: Commentary on Julien v. Stancil (10th Cir. 2025) I. Introduction Julien v. Stancil, No. 25-1302 (10th Cir. Nov. 26, 2025), is a...
Equitable Tolling, Motions to Reconsider, and the Limits of Judicial Review of BIA Sua Sponte Authority: Commentary on Carhuamaca‑Vilcahuaman v. Bondi (10th Cir. 2025) I. Introduction This commentary...
Facially Constitutional Use‑of‑Force Policies and Single‑Incident Failure‑to‑Train Liability for Jail Suicide Risks: Commentary on Thao v. Grady County Criminal Justice Authority (10th Cir. 2025) I....
Implied License to Knock and Trespass-Based Terry Stops: A Detailed Commentary on Gonzalez v. Brunnemer (10th Cir. 2025) I. Introduction This commentary analyzes the Tenth Circuit’s unpublished but...
United States v. Honors: Tenth Circuit Limits Custodial No‑Contact Orders and Demands Compelling Justification for Familial Restrictions on Supervised Release I. Introduction In United States v....
United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses Introduction This First Circuit decision...
Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims I. Introduction In Restrepo Castano v. Bondi, No. 24‑2117 (1st...
United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines I. Introduction The First Circuit’s decision in United States v. Tang,...
When “Notwithstanding” Controls: Shapiro v. U.S. Social Security Administration and the Priority of Social Security Act § 1306(c) over FOIA’s Fee‑Preclusion Rule I. Introduction In Shapiro v. U.S....
Buller v. Commissioner: The § 6213(a) Deficiency Petition Deadline as a Nonjurisdictional, Equitably Tollable Rule I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir. Nov. 26, 2025) (as...
Reaffirming Mt. Healthy at the Preliminary Injunction Stage: First Amendment Retaliation and Local Permitting in Minocqua Brewing Company LLC v. Hess I. Introduction The Seventh Circuit’s decision in...
The Saving Clause as a Jurisdictional Bar: Seventh Circuit Realigns with National Consensus in Shannon Wayne Agofsky v. Baysore I. Introduction This commentary examines the Seventh Circuit’s decision...
“Enough Truth to Make Investors Second‑Guess”: The Eleventh Circuit’s Flexible Corrective‑Disclosure Standard for Loss Causation in City of Hollywood Police Officers’ Retirement System v. NextEra...
Rejecting “Presidential Tolling” and Weaponized Shotgun Pleadings: The Eleventh Circuit’s Decision in Trump v. Clinton / Habba v. Dolan I. Introduction This consolidated Eleventh Circuit opinion,...
Trump v. Clinton (11th Cir. 2025): No Special Tolling for Sitting Presidents and Robust Sanctions for Abusive Political Litigation I. Introduction This consolidated appeal from the Eleventh Circuit...
Rejecting “Presidential Tolling” and Sanctioning Politicized Shotgun Pleadings: Commentary on Donald J. Trump v. Hillary R. Clinton (11th Cir. 2025) I. Introduction This Eleventh Circuit decision...
No “Presidential Tolling,” Shotgun Pleadings, and Sanctions for Political Litigation: Commentary on Trump v. Clinton (11th Cir. 2025) Introduction This commentary analyzes the Eleventh Circuit’s...
Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc. (2d Cir. Nov. 26, 2025) I. Introduction This commentary analyzes the Second Circuit’s...
Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses, “Consummation” of Share Sales, and Joinder of Contracting Parties I. Introduction In Thieriot v. Laggner, No....
Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes I. Introduction Erde v. Carranza, No. 25-54-cv (2d Cir. Nov. 26, 2025)...