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  • Commentaries
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federal Case Commentaries

Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi

Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi

Date: Nov 20, 2025
Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi I. Introduction The Second Circuit’s summary order in Bakouan v. Bondi, No. 23‑7100 (2d Cir....
Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment Disputes

Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment Disputes

Date: Nov 20, 2025
Butts v. Kelch: Plausibility Pleading, Non‑Cognizability of § 1983 Disability Retaliation, and the Inapplicability of LMRA and Individual ADA Retaliation Liability in Public‑School Employment...
Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025)

Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025)

Date: Nov 20, 2025
Dual Criminality, Probable Cause, and the Limits of Habeas Review in U.S.–Japan Extradition: Commentary on Kanayama v. Kowal (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in...
Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims

Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims

Date: Nov 20, 2025
Murphy v. Onondaga County: Causation, Official-Duty Speech, and Procedural Waiver in Public-Employee First Amendment Retaliation Claims Court: United States Court of Appeals for the Second Circuit...
Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano

Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano

Date: Nov 20, 2025
Reaffirming the Limits on Waiving Exhaustion in Social Security Cases: Commentary on Shackleford v. Bisignano I. Introduction The Second Circuit’s summary order in Shackleford v. Bisignano, No....
Sentencing Disparities, Cooperation, and Harsh Confinement: Commentary on United States v. Samia (2d Cir. 2025)

Sentencing Disparities, Cooperation, and Harsh Confinement: Commentary on United States v. Samia (2d Cir. 2025)

Date: Nov 20, 2025
Sentencing Disparities, Cooperation, and Harsh Confinement: A Detailed Commentary on United States v. Samia (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
Political Epithets as Protected Opinion: The Eleventh Circuit’s Treatment of “The Big Lie” in Trump v. CNN

Political Epithets as Protected Opinion: The Eleventh Circuit’s Treatment of “The Big Lie” in Trump v. CNN

Date: Nov 20, 2025
Political Epithets as Protected Opinion: The Eleventh Circuit’s Treatment of “The Big Lie” in Trump v. Cable News Network, Inc. I. Introduction This commentary analyzes the Eleventh Circuit’s...
Minton v. SSA and the Materiality of New Evidence Before the Appeals Council

Minton v. SSA and the Materiality of New Evidence Before the Appeals Council

Date: Nov 20, 2025
Minton v. Commissioner of Social Security: Materiality, Chenery, and the Appeals Council’s Treatment of New Evidence I. Introduction This commentary examines the Eleventh Circuit’s unpublished, per...
Pretext, Replacement Hiring, and FCA Retaliation: Commentary on Ramnarine Boodoo v. Alabama Psychiatry LLC

Pretext, Replacement Hiring, and FCA Retaliation: Commentary on Ramnarine Boodoo v. Alabama Psychiatry LLC

Date: Nov 20, 2025
Pretext, Replacement Hiring, and FCA Retaliation: Commentary on Ramnarine Boodoo v. Alabama Psychiatry LLC I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished per curiam...
When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences

When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences

Date: Nov 20, 2025
When Silence Speaks Against the Movant: United States v. Cooper and Johnson‑Based Challenges to § 3559(c) Three‑Strikes Sentences I. Introduction In United States v. Cooper, No. 23‑4052 (10th Cir....
United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions

United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions

Date: Nov 20, 2025
United States v. Hebert: Proving Non‑Indian Status Beyond a Reasonable Doubt in General Crimes Act Prosecutions I. Introduction In United States v. Hebert, No. 24‑7030 (10th Cir. Nov. 18, 2025), the...
United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock

United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock

Date: Nov 20, 2025
United States v. Roper: Supervised Release Revocation Arrests Do Not Trigger the Speedy Trial Act’s 30‑Day Indictment Clock I. Introduction In United States v. Roper, No. 25‑2037 (10th Cir. Nov. 18,...
Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025)

Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025)

Date: Nov 20, 2025
Reaffirming the “Some Evidence” Standard for Rebutting the Bail Reform Act Presumption: Commentary on United States v. Stimka (10th Cir. 2025) I. Introduction This commentary analyzes the Tenth...
Decisionmaker Knowledge and the Limits of “Protected Activity” in Retaliation Claims: Commentary on Nashyrah Day v. New Jersey Department of Corrections

Decisionmaker Knowledge and the Limits of “Protected Activity” in Retaliation Claims: Commentary on Nashyrah Day v. New Jersey Department of Corrections

Date: Nov 20, 2025
Decisionmaker Knowledge and the Limits of “Protected Activity” in Retaliation Claims: Commentary on Nashyrah Day v. New Jersey Department of Corrections I. Introduction This commentary analyzes the...
Assent to Two‑Page Employment Arbitration Agreements and the Narrow Scope of Judicial Review of Arbitral Awards: Commentary on McMasters v. Restaurant Brands International, Inc. (3d Cir. 2025)

Assent to Two‑Page Employment Arbitration Agreements and the Narrow Scope of Judicial Review of Arbitral Awards: Commentary on McMasters v. Restaurant Brands International, Inc. (3d Cir. 2025)

Date: Nov 20, 2025
Assent to Two‑Page Employment Arbitration Agreements and the Narrow Scope of Judicial Review of Arbitral Awards: Commentary on McMasters v. Restaurant Brands International, Inc. (3d Cir. 2025) I....
Assent to Two‑Page Arbitration Agreements and the High Bar for Vacating Employment Arbitration Awards: Commentary on McMasters v. Restaurant Brands International Inc. (3d Cir. 2025)

Assent to Two‑Page Arbitration Agreements and the High Bar for Vacating Employment Arbitration Awards: Commentary on McMasters v. Restaurant Brands International Inc. (3d Cir. 2025)

Date: Nov 20, 2025
Assent to Two‑Page Arbitration Agreements and the High Bar for Vacating Employment Arbitration Awards: Commentary on McMasters v. Restaurant Brands International Inc. (3d Cir. 2025) Note: The...

    Waiver of Exemption‑Objection Deadlines and the Effect of Rule 2003(e) Non‑Compliance:
    Commentary on Langston v. Dallas Commodity Co.

Waiver of Exemption‑Objection Deadlines and the Effect of Rule 2003(e) Non‑Compliance: Commentary on Langston v. Dallas Commodity Co.

Date: Nov 20, 2025
Waiver of Exemption‑Objection Deadlines and Trustee Non‑Compliance with Rule 2003(e): A Detailed Commentary on Langston v. Dallas Commodity Co. (5th Cir. 2025) I. Introduction Langston v. Dallas...
Rooker–Feldman and State Guardianship Orders: Ross v. Stephens and the Jurisdictional Bar to Federal Civil-Rights Challenges

Rooker–Feldman and State Guardianship Orders: Ross v. Stephens and the Jurisdictional Bar to Federal Civil-Rights Challenges

Date: Nov 20, 2025
Rooker–Feldman and State Guardianship Orders: Ross v. Stephens and the Jurisdictional Bar to Federal Civil-Rights Challenges I. Introduction In Ross v. Stephens, No. 25-50487 (5th Cir. Nov. 17, 2025)...
Royal Street Bistro v. Arrowhead Capital: Fifth Circuit Confirms Rule 8003 Attachment Defects Are Nonjurisdictional and Rarely Justify Dismissal

Royal Street Bistro v. Arrowhead Capital: Fifth Circuit Confirms Rule 8003 Attachment Defects Are Nonjurisdictional and Rarely Justify Dismissal

Date: Nov 20, 2025
Royal Street Bistro v. Arrowhead Capital: Fifth Circuit Confirms Rule 8003 Attachment Defects Are Nonjurisdictional and Rarely Justify Dismissal I. Introduction In Royal Street Bistro, L.L.C. v....
Sterling v. City of Jackson: Bodily-Integrity Liability for Toxic Municipal Water and the Fifth Circuit’s Formal Adoption of the State‑Created Danger Doctrine

Sterling v. City of Jackson: Bodily-Integrity Liability for Toxic Municipal Water and the Fifth Circuit’s Formal Adoption of the State‑Created Danger Doctrine

Date: Nov 20, 2025
Sterling v. City of Jackson: Bodily-Integrity Liability for Toxic Municipal Water and the Fifth Circuit’s Formal Adoption of the State‑Created Danger Doctrine I. Introduction In Sterling v. City of...
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