first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Date: Jul 22, 2025

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

Date: Jul 22, 2025

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...

Family–Targeted Violence Equals Direct Persecution: Seventh Circuit Clarifies Nexus and Past-Persecution Standards in Mejia-Hernandez v. Bondi

Date: Jul 22, 2025

Family-Targeted Violence Equals Direct Persecution: Seventh Circuit Clarifies Nexus and Past-Persecution Standards in Mejia-Hernandez v. Bondi 1. Introduction This commentary examines the United...

“Exhaust First or Lose the Class”: Seventh Circuit Clarifies that PLRA Exhaustion Bars Use of the Inherently-Transitory Exception – Comment on Westmoreland v. Hughes

Date: Jul 22, 2025

“Exhaust First or Lose the Class” Seventh Circuit Clarifies that PLRA Exhaustion Bars Use of the Inherently-Transitory Exception Introduction In Eugene Westmoreland v. Latoya Hughes, No. 24-2153 (7th...

“More Than Mere Deference”: Seventh Circuit Re-Affirms the Two-Pronged FOIA Clear-Error Review and Approves Non-Security Glomar Responses

Date: Jul 22, 2025

“More Than Mere Deference”: Seventh Circuit Re-Affirms the Two-Pronged FOIA Clear-Error Review and Approves Non-Security Glomar Responses 1. Introduction Joel A. Brodsky—an Illinois attorney turned...

The Mahoney Principle: When Representative Signatures and Personal-Liability Clauses Collide under ERISA

Date: Jul 22, 2025

The Mahoney Principle: Representative Signatures vs. Personal-Liability Clauses in ERISA Contribution Actions Introduction R.R. Maintenance & Industrial Health & Welfare Fund v. Clinton Mahoney, Nos....

Mahoney Personal-Liability Ambiguity Doctrine: When Representative Signatures Clash with Personal-Liability Clauses

Date: Jul 22, 2025

Mahoney Personal-Liability Ambiguity Doctrine: When Representative Signatures Clash with Personal-Liability Clauses 1. Introduction In R.R. Maintenance & Industrial Health & Welfare Fund v. Clinton...

Narrowing Protective Sweeps and Re-ordering Exclusionary-Rule Analysis: A Commentary on United States v. Walker, 7th Cir. (2025)

Date: Jul 22, 2025

Narrowing Protective Sweeps and Re-ordering Exclusionary-Rule Analysis: Commentary on United States v. Richard Walker (7th Cir. 2025) 1. Introduction United States v. Walker is the Seventh Circuit’s...

“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” – Commentary on Argentine GDP-Linked Securities Litigation (2d Cir. 2025)

Date: Jul 22, 2025

“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” Commentary on the Second Circuit’s Argentine GDP-Linked Securities Litigation Summary Order (2025) 1. Introduction The Second...

Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025)

Date: Jul 22, 2025

Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025) 1. Introduction In Figueroa-Serrano v. Bondi, the United States...

Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants

Date: Jul 22, 2025

Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants Introduction Fredricks v. Shaheen, No. 22-2480 (2d Cir....

Clarifying the Dual Reasonableness Requirement in Visual Body-Cavity Searches – A Commentary on Hester v. Kelly (2d Cir. 2025)

Date: Jul 22, 2025

Clarifying the Dual Reasonableness Requirement in Visual Body-Cavity Searches: A Comprehensive Commentary on Hester v. Kelly (2d Cir. 2025) I. Introduction On 16 July 2025 the United States Court of...

Plotch v. U.S. Bank: Potential Re-Foreclosure Alone Cannot Bar Quiet Title & Condo-Lien Purchasers Are Not in Privity with the Association

Date: Jul 22, 2025

Plotch v. U.S. Bank: Potential Re-Foreclosure Alone Cannot Bar Quiet Title & Condo-Lien Purchasers Are Not in Privity with the Association Introduction Plotch v. U.S. Bank National Association, No....

Salinas Orellana v. Bondi: Re-defining “Intent” in CAT Prison-Condition Claims and Clarifying the “Likely to Alter the Result” Standard for Motions to Reopen

Date: Jul 22, 2025

Salinas Orellana v. Bondi: Re-defining “Intent” in CAT Prison-Condition Claims and Clarifying the “Likely to Alter the Result” Standard for Motions to Reopen 1. Introduction In its July 16, 2025...

Second Circuit Reaffirms Limited Duty to Reconcile Minor Statistical Sentencing Gaps and Upholds Cognitive-Behavioral Therapy as a Special Condition of Supervised Release – Commentary on United States v. Ramos-Acevedo

Date: Jul 22, 2025

Second Circuit Reaffirms Limited Duty to Reconcile Minor Statistical Sentencing Gaps and Upholds Cognitive-Behavioral Therapy as a Special Condition of Supervised Release – Commentary on United...

Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard

Date: Jul 22, 2025

Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard 1. Introduction On 16 July 2025 the United States Court of...

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

Date: Jul 22, 2025

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses the Right-of-First-Refusal Introduction In Louis Jackson v. Southfield Neighborhood Revitalization...

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

Date: Jul 22, 2025

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...

Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII

Date: Jul 22, 2025

Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII Introduction The Fourth Circuit Court of Appeals’ unpublished opinion in...

Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees

Date: Jul 22, 2025

Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees 1. Introduction The published opinion in...

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