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  • Commentaries
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federal Case Commentaries

Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties

Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties

Date: May 8, 2025
Limits on Standing and Waiver under the Specialty Doctrine in Extradition Treaties Introduction Ricardo Alberto Martinelli Berrocal, a former President of the Republic of Panama, challenged his...
“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025)

“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025)

Date: May 8, 2025
“Notice-and-Knowledge” as the Linchpin of Retaliation: Collymore v. City of New York (2d Cir. 2025) 1. Introduction In Collymore v. City of New York, No. 23-1304 (2d Cir. May 7 2025), the United...
Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh

Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh

Date: May 8, 2025
Ensuring Material Consistency in Supervised Release Conditions under Rogers: United States v. Aughenbaugh Introduction In United States v. Ryan Aughenbaugh, decided May 7, 2025, the Fourth Circuit...
Habeas in Transit: Second Circuit Affirms District Courts’ Power to Order ICE Transfers and Rejects Broad INA Jurisdiction-Stripping for Constitutional Detention Claims

Habeas in Transit: Second Circuit Affirms District Courts’ Power to Order ICE Transfers and Rejects Broad INA Jurisdiction-Stripping for Constitutional Detention Claims

Date: May 8, 2025
Habeas in Transit: Second Circuit Affirms District Courts’ Power to Order ICE Transfers and Rejects Broad INA Jurisdiction-Stripping for Constitutional Detention Claims Introduction In Öztürk v....
No Unsupported Facts: Seventh Circuit Clarifies Standing, Government Proof Duties, and the Scope of Supervised‑Release Searches in United States v. Dixon

No Unsupported Facts: Seventh Circuit Clarifies Standing, Government Proof Duties, and the Scope of Supervised‑Release Searches in United States v. Dixon

Date: May 8, 2025
No Unsupported Facts: Seventh Circuit Clarifies Standing, Government Proof Duties, and the Scope of Supervised‑Release Searches in United States v. Dixon Introduction In United States v. Marcus T....
Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference

Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference

Date: May 8, 2025
Gentile v. Dudek: Post-Onset Diagnoses Alone Cannot Establish Childhood Disability—Second Circuit’s Reaffirmation of the “Substantial Evidence” Deference 1. Introduction Andrea Marie Gentile sought...
Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations

Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations

Date: May 8, 2025
Second Circuit Fortifies the “Reliability-First” Rule for Border Interviews in Credibility Determinations Introduction The United States Court of Appeals for the Second Circuit, in Chacon-Marin v....
Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025)

Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025)

Date: May 8, 2025
Clarifying the Distinction Between Motions to Reopen and Reconsider and the Prima-Facie Hardship Standard After Wilkinson: A Comment on Wong v. Bondi (2d Cir. 2025) Introduction On 7 May 2025 the...
Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims

Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims

Date: May 8, 2025
Portal Delivery Triggers Limitations Period; No Equitable Tolling for Portal Access Delays in Title VII Claims Introduction The case of Melissa A. Berry Smith v. Texas Children's Hospital, Inc....
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 – United States v. Barkers-Woode

Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 – United States v. Barkers-Woode

Date: May 8, 2025
Actual Loss Over Intended Loss and Victim Definition in USSG §2B1.1 Introduction United States v. Patrick Barkers-Woode and United States v. Nana Mensah, decided May 7, 2025 by the Third Circuit,...
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1

Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1

Date: May 8, 2025
Requiring Actual Loss for Sentencing Enhancements under U.S.S.G. §2B1.1 Introduction The consolidated appeals in United States v. Patrick Barkers-Woode and United States v. Nana Mensah arose from a...
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence

Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence

Date: May 8, 2025
Affirming Upward Variance for Straw Firearm Purchases to Deter Gang-Related Gun Violence Introduction In United States v. Jordan Harmon, No. 24-1797 (3d Cir. May 7, 2025), the Third Circuit addressed...
Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment

Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment

Date: May 8, 2025
Consent-Based Magistrate Judge Jurisdiction in Bankruptcy Appeals: §636(c) Empowerment 1. Introduction This case, In re: MTE Holdings LLC, arose from a dispute over oil-and-gas royalties between...
Seventh Circuit reaffirms: Treatment disagreements and unsupported delay allegations do not establish Eighth Amendment deliberate indifference absent verifying harm

Seventh Circuit reaffirms: Treatment disagreements and unsupported delay allegations do not establish Eighth Amendment deliberate indifference absent verifying harm

Date: May 8, 2025
Seventh Circuit reaffirms: Treatment disagreements and unsupported delay allegations do not establish Eighth Amendment deliberate indifference absent verifying harm Case: Jatavious Webster v. Barry...
No Single “Standard Rate” Under Hayes: Sixth Circuit Endorses Flexible Benchmarks (Including EAJA Cap and Counsel’s Stated Rate) for § 406(b) Fee Review

No Single “Standard Rate” Under Hayes: Sixth Circuit Endorses Flexible Benchmarks (Including EAJA Cap and Counsel’s Stated Rate) for § 406(b) Fee Review

Date: May 8, 2025
No Single “Standard Rate” Under Hayes: Sixth Circuit Endorses Flexible Benchmarks (Including EAJA Cap and Counsel’s Stated Rate) for § 406(b) Fee Review Introduction In Debra Tucker v. Commissioner...
No Nexus Requirement Under AEDPA: Sixth Circuit En Banc Clarifies How State Courts May Weigh Mitigation in Capital Cases

No Nexus Requirement Under AEDPA: Sixth Circuit En Banc Clarifies How State Courts May Weigh Mitigation in Capital Cases

Date: May 8, 2025
No Nexus Requirement Under AEDPA: Sixth Circuit En Banc Clarifies How State Courts May Weigh Mitigation in Capital Cases Introduction In Hodge v. Plappert, No. 17-6032 (6th Cir. May 7, 2025) (en...
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County (2025)

Date: May 8, 2025
Eleventh Circuit Clarifies Futility & Target-Specific Exceptions to the Takings Finality Doctrine – Commentary on Corey v. Rockdale County Introduction In William E. Corey v. Rockdale County,...
Ollison v. Gossett: Seventh Circuit tightens limits on constructive amendments at summary judgment and demands fact‑specific pleadings for systemic deliberate indifference against wardens

Ollison v. Gossett: Seventh Circuit tightens limits on constructive amendments at summary judgment and demands fact‑specific pleadings for systemic deliberate indifference against wardens

Date: May 8, 2025
Ollison v. Gossett: Seventh Circuit tightens limits on constructive amendments at summary judgment and demands fact‑specific pleadings for systemic deliberate indifference against wardens...
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

Date: May 7, 2025
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht A Comprehensive Commentary on Whitton v. Secretary, Florida Department of Corrections (11th Cir....
Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims

Date: May 7, 2025
Garcia Martinez v. Bondi: Second Circuit Clarifies Social-Distinction and Nexus Requirements in Gang-Related Asylum Claims Introduction Court: United States Court of Appeals for the Second Circuit...
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