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  • Commentaries
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federal Case Commentaries

United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

Date: Aug 13, 2025
United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit Introduction On 11 August 2025 the United States Court of Appeals for the...
The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers

The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers

Date: Aug 13, 2025
The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers Introduction In...
When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025)

When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025)

Date: Aug 13, 2025
When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025) Introduction...
United States v. Rodriguez: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

United States v. Rodriguez: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

Date: Aug 13, 2025
United States v. Rodriguez: The Second Circuit’s New Directive on Dismissing Frivolous IFP Appeals in the Compassionate-Release Context Court of Appeals for the Second Circuit | August Term 2024 |...
“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons

“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons

Date: Aug 13, 2025
“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons 1. Introduction On 11 August 2025 the United States Court of Appeals for the...
Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention

Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention

Date: Aug 13, 2025
Elevating Indirect and Psychological Harm: The Eleventh Circuit’s Expanded Interpretation of the “Grave-Risk” Defense under the Hague Convention Introduction In Israel Bassat v. Sapir Swissa Dana,...
“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago

“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago

Date: Aug 13, 2025
“From Ancient Warrants to Modern Torture Claims” – The Eleventh Circuit Clarifies the Evidentiary Threshold for CAT Protection When Persecution Occurred Decades Ago Introduction In Olakunle A. Oshodi...
United States v. Jones (11th Cir. 2025): Reinforcing the Oral-Pronouncement Rule for Standard Conditions of Supervised Release and the Mandatory “Jones Colloquy”

United States v. Jones (11th Cir. 2025): Reinforcing the Oral-Pronouncement Rule for Standard Conditions of Supervised Release and the Mandatory “Jones Colloquy”

Date: Aug 13, 2025
United States v. Jones (11th Cir. 2025): Reinforcing the Oral-Pronouncement Rule for Standard Conditions of Supervised Release and the Mandatory “Jones Colloquy” 1. Introduction In United States v....
“Still Presumptively Lawful” – Eleventh Circuit’s Post-Rahimi Endorsement of 18 U.S.C. § 922(g)(1) in United States v. Williams

“Still Presumptively Lawful” – Eleventh Circuit’s Post-Rahimi Endorsement of 18 U.S.C. § 922(g)(1) in United States v. Williams

Date: Aug 13, 2025
“Still Presumptively Lawful” – Eleventh Circuit’s Post-Rahimi Endorsement of 18 U.S.C. § 922(g)(1) in United States v. Williams Introduction Court: U.S. Court of Appeals for the Eleventh Circuit...
Concurrent-Sentence Doctrine Shields Guideline Miscalculations in Supervised-Release Revocations – A Commentary on United States v. Lawrence Braswell, Jr. (11th Cir. 2025)

Concurrent-Sentence Doctrine Shields Guideline Miscalculations in Supervised-Release Revocations – A Commentary on United States v. Lawrence Braswell, Jr. (11th Cir. 2025)

Date: Aug 13, 2025
Concurrent-Sentence Doctrine Shields Guideline Miscalculations in Supervised-Release Revocations – A Commentary on United States v. Lawrence Braswell, Jr. (11th Cir. 2025) Introduction In United...
United States v. Batista: Eleventh Circuit Clarifies Evidentiary Threshold and Fact-Finding Duty for §3C1.1 Obstruction Enhancements

United States v. Batista: Eleventh Circuit Clarifies Evidentiary Threshold and Fact-Finding Duty for §3C1.1 Obstruction Enhancements

Date: Aug 13, 2025
United States v. Batista: Eleventh Circuit Clarifies Evidentiary Threshold and Fact-Finding Duty for §3C1.1 Obstruction Enhancements 1. Introduction In United States v. Roberto Batista Jean Francois...
“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey

“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey

Date: Aug 13, 2025
“Mini-Cabins Are Houses” – Sixth Circuit Extends Curtilage Protection and Denies Qualified Immunity in Mockeridge v. Harvey Introduction In Michael & Susan Mockeridge v. Harry Harvey, the United...
Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins:
            Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional

Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins: Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional

Date: Aug 13, 2025
Sixth Circuit Affirms Fourth-Amendment Protection for Mini-Cabins: Warrantless Code-Enforcement Inspections of Curtilage Held Unconstitutional Introduction In Michael & Susan Mockeridge v. Harry...
The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion

The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion

Date: Aug 13, 2025
The Zai Doctrine: Post-Bar-Date Claims Against NCUA Liquidators Bypass Administrative Exhaustion Introduction In Tina Zai v. National Credit Union Administration Board, the United States Court of...
United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review

United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review

Date: Aug 13, 2025
United States v. Owens – Post-Esteras Limits on § 3553(a)(2)(A) in Supervised-Release Revocations and the Boundaries of Plain-Error Review Introduction United States v. Retsyn Deshawn Owens, No....
“Presumed Jury Prejudice ≠ Presumed Ineffective Assistance” – A Commentary on Michael & Stewart Parnell v. United States (11th Cir. 2025)

“Presumed Jury Prejudice ≠ Presumed Ineffective Assistance” – A Commentary on Michael & Stewart Parnell v. United States (11th Cir. 2025)

Date: Aug 13, 2025
“Presumed Jury Prejudice ≠ Presumed Ineffective Assistance” – Commentary on Parnell v. United States, 79 F.4th ____ (11th Cir. 2025) Introduction The consolidated appeal of Stewart Parnell and...
“The Parnell Doctrine” – Why a Skilling Presumption of Jury Prejudice Does NOT Dispense with Strickland’s Performance Prong

“The Parnell Doctrine” – Why a Skilling Presumption of Jury Prejudice Does NOT Dispense with Strickland’s Performance Prong

Date: Aug 13, 2025
“The Parnell Doctrine” – Why a Skilling Presumption of Jury Prejudice Does NOT Dispense with Strickland’s Performance Prong 1. Introduction Stewart and Michael Parnell, former executives of Peanut...
Eleventh Circuit Re-Affirms that Bankruptcy Rule 4007(c) Cannot Be Equitably Tolled: Actual Notice Alone Triggers the Creditor’s Duty to Act

Eleventh Circuit Re-Affirms that Bankruptcy Rule 4007(c) Cannot Be Equitably Tolled: Actual Notice Alone Triggers the Creditor’s Duty to Act

Date: Aug 13, 2025
Eleventh Circuit Re-Affirms that Bankruptcy Rule 4007(c) Cannot Be Equitably Tolled: Actual Notice Alone Triggers the Creditor’s Duty to Act 1. Introduction In TL90108 LLC v. Joseph Louis Ford, III,...
Clarifying Waiver of Speedy-Trial Act Rights and the Effect of COVID-19 Delays – Commentary on United States v. Francisco Louis

Clarifying Waiver of Speedy-Trial Act Rights and the Effect of COVID-19 Delays – Commentary on United States v. Francisco Louis

Date: Aug 13, 2025
Clarifying Waiver of Speedy-Trial Act Rights and the Validity of Pandemic-Related Delays – A Commentary on United States v. Francisco Louis (11th Cir. 2025) 1. Introduction The Eleventh Circuit’s...
Intervening Misconduct and Temporal Distance: The Seventh Circuit Tightens Causation and Constructive-Discharge Standards in Retaliation Cases

Intervening Misconduct and Temporal Distance: The Seventh Circuit Tightens Causation and Constructive-Discharge Standards in Retaliation Cases

Date: Aug 13, 2025
Intervening Misconduct and Temporal Distance: The Seventh Circuit Tightens Causation and Constructive-Discharge Standards in Retaliation Cases Introduction In Alex Kedas v. Illinois Department of...
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