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  • Commentaries
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federal Case Commentaries

Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b)

Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b)

Date: Jul 31, 2025
Garcia v. Noem: Seventh Circuit Clarifies “Some-Injury” Standard Post-Muldrow and Narrows Culture-of-Discrimination Evidence under Rule 404(b) Introduction Martin Garcia, a Mexican-American Federal...
United States v. McLain: Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent

United States v. McLain: Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent

Date: Jul 31, 2025
United States v. McLain Seventh Circuit Narrows Admissibility of Neuropsychological Evidence Offered to Negate Specific Intent Introduction United States v. Auston McLain, No. 23-3384 (decided...
“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions

“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions

Date: Jul 31, 2025
“Any” Means “Any”: Eleventh Circuit Removes Temporal Citizenship Barriers in Helms-Burton Title III Actions Introduction The Eleventh Circuit’s opinion in José Ramón López Regueiro v. American...
Haque v. Bondi: Re-affirming that Future-Persecution Claims Fail When Tethered to Discredited Testimony

Haque v. Bondi: Re-affirming that Future-Persecution Claims Fail When Tethered to Discredited Testimony

Date: Jul 31, 2025
Haque v. Bondi: Re-affirming that Future-Persecution Claims Fail When Tethered to Discredited Testimony 1. Introduction Enamul Haque, a Bangladeshi national and self-proclaimed supporter of the...
Second Circuit Fortifies Authors’ Termination Power: Exclusive Rights in Underlying Works Do Not Survive under § 304(c)(6)(A)

Second Circuit Fortifies Authors’ Termination Power: Exclusive Rights in Underlying Works Do Not Survive under § 304(c)(6)(A)

Date: Jul 31, 2025
Second Circuit Fortifies Authors’ Termination Power: Exclusive Rights in Underlying Works Do Not Survive under § 304(c)(6)(A) Introduction In Atticus Ltd. Liability Co. v. The Dramatic Publishing Co....
Nautilus v. Captain Pip’s – Eleventh Circuit Clarifies that Colorado River, not Wilton/Brillhart, Governs Abstention Over Coercive Rescission Claims in Mixed Federal-State Coverage Actions

Nautilus v. Captain Pip’s – Eleventh Circuit Clarifies that Colorado River, not Wilton/Brillhart, Governs Abstention Over Coercive Rescission Claims in Mixed Federal-State Coverage Actions

Date: Jul 31, 2025
Nautilus v. Captain Pip’s – Eleventh Circuit Clarifies that Colorado River, not Wilton/Brillhart, Governs Abstention Over Coercive Rescission Claims in Mixed Federal-State Coverage Actions...
Reaffirming the Objective-Nexus Requirement and the Preservation Doctrine in Family-Association Asylum Claims: Commentary on Olivier St. Simon v. U.S. Attorney General

Reaffirming the Objective-Nexus Requirement and the Preservation Doctrine in Family-Association Asylum Claims: Commentary on Olivier St. Simon v. U.S. Attorney General

Date: Jul 31, 2025
Reaffirming the Objective-Nexus Requirement and the Preservation Doctrine in Family-Association Asylum Claims: Commentary on Olivier St. Simon v. U.S. Attorney General Introduction On 29 July 2025,...
Eleventh Circuit Re-Affirms Absolute Legislative Immunity for County Commissioners Enacting Generally Applicable Employment Policies

Eleventh Circuit Re-Affirms Absolute Legislative Immunity for County Commissioners Enacting Generally Applicable Employment Policies

Date: Jul 31, 2025
Eleventh Circuit Re-Affirms Absolute Legislative Immunity for County Commissioners Enacting Generally Applicable Employment Policies Introduction In Robert Kelly & Ricky Blalock v. Marvin Arrington,...
Definite Medical Leave as a Viable ADA Accommodation: Eleventh Circuit Clarifies “Qualified Individual” Status

Definite Medical Leave as a Viable ADA Accommodation: Eleventh Circuit Clarifies “Qualified Individual” Status

Date: Jul 31, 2025
Definite Medical Leave as a Viable ADA Accommodation: Eleventh Circuit Clarifies “Qualified Individual” Status Introduction In Spencer Bueno v. Arhaus, LLC, the United States Court of Appeals for the...
“Beyond the Score”: Eleventh Circuit Confirms that Extensive Un-Scored Criminal History Alone May Support a Major Upward Variance – Commentary on United States v. Damian Brown (11th Cir. 2025)

“Beyond the Score”: Eleventh Circuit Confirms that Extensive Un-Scored Criminal History Alone May Support a Major Upward Variance – Commentary on United States v. Damian Brown (11th Cir. 2025)

Date: Jul 31, 2025
“Beyond the Score”: Eleventh Circuit Confirms that Extensive Un-Scored Criminal History Alone May Support a Major Upward Variance – Commentary on United States v. Damian Brown (11th Cir. 2025)...
“Discretion First” – The Eleventh Circuit’s Clarification of § 3553(a)-Based Denials in Compassionate-Release Cases (United States v. Portillo Holguin, 2025)

“Discretion First” – The Eleventh Circuit’s Clarification of § 3553(a)-Based Denials in Compassionate-Release Cases (United States v. Portillo Holguin, 2025)

Date: Jul 31, 2025
“Discretion First” – The Eleventh Circuit’s Clarification of § 3553(a)-Based Denials in Compassionate-Release Cases Commentary on United States v. Juan Carlos Portillo Holguin, No. 24-12468 (11th...
Eleventh Circuit Re-Affirms § 922(g)(1) Constitutionality 
            and State-Law Predicate Rule After Rahimi: 
            A Commentary on United States v. Shamonte Virgil (2025)

Eleventh Circuit Re-Affirms § 922(g)(1) Constitutionality and State-Law Predicate Rule After Rahimi: A Commentary on United States v. Shamonte Virgil (2025)

Date: Jul 31, 2025
Eleventh Circuit Re-Affirms § 922(g)(1) Constitutionality and State-Law Predicate Rule After Rahimi: Commentary on United States v. Virgil (11th Cir. 2025) Introduction United States v. Shamonte...
United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated

United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated

Date: Jul 31, 2025
United States v. Gordon: Eleventh Circuit Clarifies Impoundment Authority and Inventory Search Standards When Vehicle Owner Is Incarcerated Introduction In United States v. Willie Gordon (11th Cir....
United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches

United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches

Date: Jul 31, 2025
United States v. Gordon – Eleventh Circuit Clarifies the “Reasonable-Efforts” Standard for Vehicle Impoundment and Inventory Searches Introduction In United States v. Willie Gordon, Nos. 24-13035 &...
Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements — A Commentary on Avient Corp. v. Westlake Vinyls, Inc.

Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements — A Commentary on Avient Corp. v. Westlake Vinyls, Inc.

Date: Jul 31, 2025
Sixth Circuit Clarifies Severability of Invalid De-Novo Review Clauses in Arbitration Agreements A Detailed Commentary on Avient Corp. v. Westlake Vinyls, Inc. (6th Cir. 2025) 1. Introduction...
“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in  Beny v. University of Michigan (2025)

“The Honest-Belief Shield”: Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Beny v. University of Michigan (2025)

Date: Jul 31, 2025
“The Honest-Belief Shield” Sixth Circuit Affirms Employer Discipline Despite Retroactive FMLA Leave in Laura Beny v. University of Michigan (6th Cir. 2025) Introduction This commentary unpacks the...
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest

Date: Jul 31, 2025
“Cash-For-Flight” Stops: When a Threatened Administrative Seizure Is a Terry Detention, Not an Arrest Introduction United States v. Tra’ven Boyer-Letlow, No. 24-3670 (6th Cir. July 29, 2025)...

        Christians in the Workplace Networking Group v. Sandia:
        Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action
        Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Christians in the Workplace Networking Group v. Sandia: Tenth Circuit Clarifies § 1983 “Personhood”, Post-Muldrow Adverse-Action Threshold, and the Dual Rule 16/Rule 15 Bar to Late Amendments

Date: Jul 31, 2025
Christians in the Workplace Networking Group v. National Technology and Engineering Solutions of Sandia, LLC (10th Cir. 2025) Introduction In Christians in the Workplace Networking Group v. Sandia...
“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations

Date: Jul 31, 2025
“Jones v. Fairbairn”: No State-Created Liberty Interest in Colorado Parole-Eligibility Calculations 1. Introduction In Jones v. Fairbairn, the United States Court of Appeals for the Tenth Circuit...
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha

Date: Jul 31, 2025
Societal Expectations Within § 3553(a) and Post-Trial Acceptance of Responsibility: The Tenth Circuit’s Guidance in United States v. Rocha Introduction On 29 July 2025 the Tenth Circuit published its...
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