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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1) Commentary on United States v. Victor Castro-Aleman, 4th Cir., 26 June 2025...
Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute 1. Introduction On 26 June 2025, the United States Court of...
Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025) 1. Introduction In Saleem v. Garland, the United...
Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA Comprehensive Commentary on Saleem v. Garland, No. 23-9568 & 24-9546 (10th Cir. Jun. 26, 2025) 1....
Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion) Introduction On 26 June 2025 the United States Court of Appeals for the Tenth Circuit handed down...
Expanding the Scope of Res Gestae in Nevada: Lessons from Sanchez-Ramirez v. State (2025) 1. Introduction In Sanchez-Ramirez v. State, the Supreme Court of Nevada reviewed multiple challenges arising...
“Any Removal Proceedings” Includes IJ Review of Negative Reasonable-Fear Findings: The Third Circuit Recognises a Statutory Right to Counsel Under 8 U.S.C. § 1362 1. Introduction In Adalberto...
“Made-Available” Value & the Meaning of “Clear-Sailing” A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025) 1. Introduction The Third Circuit’s precedential opinion...
Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735 Introduction Breaux v. Worrell, No. 24-30097 (5th...
Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees Introduction The United States Court of Appeals for the Fifth Circuit, in Butler v....
United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review I. Introduction In United States v. Morales,...
Chappell v. TruckPro, LLC – Fourth Circuit Clarifies the “Preponderance” Threshold for Linking a Product to a Distributor in South Carolina Strict-Liability Litigation 1. Introduction This commentary...
No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk Introduction In Kathy Paton v. City of Norfolk, Virginia, the...
“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations Commentary on Sally W. Tarquinio v. Johns Hopkins University Applied Physics Laboratory,...
United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted Introduction In United States v. Fredrick Wendell McCray, No. 24-4078 (4th Cir....
United States v. Poynter, Jr.: Fourth Circuit Re-Affirms the Reliability of Historical Cell-Site Analysis and Clarifies Plain-Error Review of Rule 702/403 Challenges 1. Introduction The Fourth...
“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals Court: United States Court of Appeals for the...
Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle 1. Introduction Scott v. Nationwide Agribusiness Insurance...
United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses 1. Introduction On 25 June 2025, the United States...