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  • Commentaries
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federal Case Commentaries

Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Date: May 9, 2025
Distinct Treatment of Religious Belief and Religious Practice Under Title VII Introduction This case arises from the 2025 decision of the United States Court of Appeals for the Fifth Circuit in...
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Date: May 9, 2025
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies Introduction In Carter v. Local 556, 5th Cir. No. 23-10008 (May 8, 2025), flight attendant...
No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record

No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record

Date: May 9, 2025
No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record Court: United States Court of Appeals for...
Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate

Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate

Date: May 9, 2025
Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate Introduction In...
United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles

United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles

Date: May 9, 2025
United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles Introduction United States v. Kristich, decided May 8, 2025, by the Tenth...
Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue

Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue

Date: May 9, 2025
Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue Introduction Guebara v. Bascue is a 2025 decision of the United States Court of Appeals for...
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Date: May 9, 2025
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1) Introduction The Third Circuit’s decision in United States v....
Second Circuit Declares Article II(3) of the New York Convention Self-Executing and Not Subject to McCarran–Ferguson Reverse Preemption, Abrogating Stephens I

Second Circuit Declares Article II(3) of the New York Convention Self-Executing and Not Subject to McCarran–Ferguson Reverse Preemption, Abrogating Stephens I

Date: May 9, 2025
Second Circuit Declares Article II(3) of the New York Convention Self-Executing and Not Subject to McCarran–Ferguson Reverse Preemption, Abrogating Stephens I Introduction In a consequential decision...
Officer Observation and Contemporaneous Statements Can Establish Probable Cause Despite Incomplete Video: Sixth Circuit Rejects Pretext-as-Credibility Challenge in United States v. Vann

Officer Observation and Contemporaneous Statements Can Establish Probable Cause Despite Incomplete Video: Sixth Circuit Rejects Pretext-as-Credibility Challenge in United States v. Vann

Date: May 9, 2025
Officer Observation and Contemporaneous Statements Can Establish Probable Cause Despite Incomplete Video: Sixth Circuit Rejects Pretext-as-Credibility Challenge in United States v. Vann Introduction...
“Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown”

“Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown”

Date: May 9, 2025
Pasquazzi v. United States: Reaffirming the ACCA Predicate Status of Florida Aggravated Assault, Aggravated Battery, and Cocaine Offenses after Brown 1. Introduction The Eleventh Circuit’s...
United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception

United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception

Date: May 9, 2025
United States v. August: Affirmation of Broad Protective Sweep Doctrine and Independent Source Exception Introduction United States v. August is a Fifth Circuit decision rendered on May 8, 2025,...
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Date: May 9, 2025
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP Introduction James Bailey v. Tektronix Inc. (3d Cir. May 8, 2025)...
“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” – A Commentary on Singh v. Bondi (2d Cir. 2025)

“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” – A Commentary on Singh v. Bondi (2d Cir. 2025)

Date: May 9, 2025
“Minor Political Assaults Outside Custodial Context Do Not Constitute Past Persecution” A Comprehensive Commentary on Singh v. Bondi, 23-6750-ag (2d Cir. 2025) 1. Introduction Case Overview. In Singh...
Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell

Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell

Date: May 9, 2025
Reaffirming Qualified Immunity Boundaries: Reasonable Threat Perception in Winkley v. Blackwell Introduction Winkley v. Blackwell, No. 24-60244 (5th Cir. May 8, 2025), represents a significant...
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Date: May 9, 2025
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c) Introduction In Stacey Watson v. Attorney General United States of America, No....
AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program

AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program

Date: May 9, 2025
AstraZeneca v. HHS: Defining Standing and Due-Process Limits in the IRA’s Drug Price Negotiation Program Introduction In AstraZeneca Pharmaceuticals LP v. Secretary, United States Department of...
Sixth Circuit Endorses “Possible Guilt of Others” Instruction in Joint-Possession Trials and Reaffirms Constructive-Possession Factors for Drugs and Guns Found in Shared Vehicles

Sixth Circuit Endorses “Possible Guilt of Others” Instruction in Joint-Possession Trials and Reaffirms Constructive-Possession Factors for Drugs and Guns Found in Shared Vehicles

Date: May 9, 2025
Sixth Circuit Endorses “Possible Guilt of Others” Instruction in Joint-Possession Trials and Reaffirms Constructive-Possession Factors for Drugs and Guns Found in Shared Vehicles Introduction In...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent

Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent

Date: May 8, 2025
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Generic Robbery and Permits Reassessment of Circuit Precedent Introduction United States v. Wickware (5th Cir. 2025) addresses whether a 2023...
Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young

Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young

Date: May 8, 2025
Kelsey v. Kessel – Second Circuit Clarifies that Eleventh-Amendment Dismissals Must Be Without Prejudice and Re-emphasises the “Ongoing-Violation” Prerequisite to Ex parte Young 1. Introduction In...
Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution

Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution

Date: May 8, 2025
Requirement of Reasoned Explanation for Denial of Asylum Based on Private‐Actor Persecution Introduction In the unpublished per curiam decision Yamilet Del Carmen Garcia Chavez v. Pamela Bondi, No....
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