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Limiting “Context” Testimony under the Confrontation Clause: United States v. Soto-Sanchez Introduction United States v. Soto-Sanchez, 24-1184 (1st Cir. May 27, 2025), presented the First Circuit...
FOIA Timeliness and Remedies Clarified: Delay Does Not Merit Declaratory Relief, FOIA Bars APA Claims — Libarov v. ICE Introduction Sotir Libarov v. U.S. Immigration and Customs Enforcement (No....
Gatekeeping Successive Habeas Petitions Under §2244(b)(2)(A): Retroactive Application of Miller in Harjo v. Harding Introduction The Tenth Circuit’s order in Harjo v. Harding (No. 25-5023, May 27,...
Reinforcing the Nonfrivolous Appeal and Pleading Standards in Bivens Actions Introduction Brandt v. Cimarron Correctional Facility and Staff (10th Cir. May 27, 2025) arises from a pro se...
The Persistence of the San Remo Preclusion Trap: State-Court Judgments Bar Federal Takings Claims Introduction In Richard Warner v. City of Marathon (11th Cir. May 27, 2025), plaintiffs—the Estate of...
Narrowing Personal Jurisdiction and Corporate Veil Piercing: Keane v. Expeditors Introduction In Keane v. Expeditors International of Washington, Inc., the First Circuit addressed two intertwined...
ALJ’s Discretion in Listing Determination and Substantial Evidence Standard in Disability Claims Introduction This commentary examines the United States Court of Appeals for the Seventh Circuit’s...
“The Demeaning-Identity Test” – Supreme Court’s Refusal to Review L. M. v. Middleborough Leaves First Circuit’s New Student-Speech Standard Intact 1. Introduction L. M. v. Town of Middleborough,...
Affirmation of Divisibility of Pennsylvania Drug Statute and Modified Categorical Analysis in Removal Proceedings Introduction Leury Bacilio Roa v. Pamela Bondi (6th Cir. May 27, 2025) addresses...
Clarifying the Evidentiary Threshold for Race Discrimination under Title VII: Pretext, Subjective Promotion Processes, and Discretionary Sanctions Introduction This commentary addresses the Sixth...
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims 1. Introduction In Ketcham v. City of Mount Vernon, No. 24-825 (2d Cir. May 27, 2025), the United States...
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County Introduction Flanagan v. Girl Scouts of Suffolk County, Inc., 23-7900-cv (2d...
The “Disposition-of-Government-Property” Exception: A New Limitation on RFRA after Apache Stronghold v. United States 1. Introduction Apache Stronghold v. United States (605 U.S. ___ (2025)) arose...
But-For Causation Standard for §841(b)(1)(C) Overdose-Death Penalty Enhancements Introduction The Sixth Circuit’s decision in United States v. Willie Pratt (No. 23-3995, 2025) addresses two critical...
Clarification of Pretext Analysis in Employment Discrimination: Lockett v. City of Atlanta Introduction Georginna Lockett v. City of Atlanta, Georgia (11th Cir. May 23, 2025) is an appeal from a...
Protecting Truthful Commercial Speech in Vision Care Networks: Healthy Vision Assoc. v. Abbott Introduction In Healthy Vision Association v. Abbott, No. 24-10245 (5th Cir. May 23, 2025), the Fifth...
Admission of Body-Worn Camera Evidence at the Motion to Dismiss Stage in Qualified Immunity §1983 Cases Introduction Salinas v. City of Houston, No. 23-20617 (5th Cir. May 23, 2025), presents a §...
No First Amendment Right to Receive Information in Public Library Collections: Reinforcing Government Speech Immunity Introduction Little v. Llano County is a 2025 en banc decision of the United...
Equitable Enforcement and Exhaustion in NLRB Orders: AllService Plumbing v. NLRB Introduction AllService Plumbing and Maintenance, Inc., a small family-owned business in Baton Rouge, Louisiana, faced...
Dismissal of Repetitive In Forma Pauperis Civil Rights Suits as Malicious under 28 U.S.C. §1915(e)(2)(B)(i) Introduction Christopher R. Hall, a Pennsylvania state‐prison inmate, appeals the District...