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  • Commentaries
  • Judgments

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): A Commentary on United States v. Victor Castro-Aleman

Fourth Circuit Clarifies that Palomar-Santiago Does Not Eliminate “Procedural-Error” Excusal under 8 U.S.C. § 1326(d)(1): A Commentary on United States v. Victor Castro-Aleman

Date: Jun 29, 2025
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

Clarifying Appellate Duty: Gilberti v. Cheney and the Tenth Circuit’s Reinforcement of Rule 42.1 Dismissals for Failure to Prosecute

Date: Jun 29, 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)

Establishing the “Knowing and Voluntary” Standard for Appeal Waivers in Immigration Proceedings – A Commentary on Saleem v. Garland (10th Cir. 2025)

Date: Jun 29, 2025
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 – Commentary on Saleem v. Garland

Tenth Circuit Adopts the “Knowing-and-Voluntary” Standard for Appeal Waivers before the BIA – Commentary on Saleem v. Garland

Date: Jun 29, 2025
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)

Dual Departure-Variance Sentencing: Harmless-Error Endorsement in United States v. Butler (Zarion)

Date: Jun 29, 2025
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)

Expanding the Scope of Res Gestae in Nevada: Lessons from Sanchez-Ramirez v. State (2025)

Date: Jun 29, 2025
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

“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

Date: Jun 29, 2025
“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)

“Made-Available” Value & the Meaning of “Clear-Sailing”: A Comprehensive Commentary on In re Wawa, Inc. Data Security Litigation (3d Cir. 2025)

Date: Jun 29, 2025
“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

Federal Certification over State Disaster-Immunity Ambiguities: Breaux v. Worrell and the Fifth Circuit’s Refined Approach to La. R.S. 29:735

Date: Jun 29, 2025
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

Butler v. Collins: Texas Labor Code Chapter 21 Does Not Preempt Common-Law Tort Claims Against Individual Employees

Date: Jun 29, 2025
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

United States v. Morales: Knowledge of § 5822 Non-Compliance and Domestic Manufacture Not Required for NFA “Making” Offense on Plain-Error Review

Date: Jun 29, 2025
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: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Chappell v. TruckPro: Clarifying the Pre-ponderance Standard for Product Identification in South Carolina Strict-Liability Claims

Date: Jun 29, 2025
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

No Immediate Interaction, No State-Created Danger: Fourth Circuit Clarifies Limits of Substantive Due Process in Paton v. City of Norfolk

Date: Jun 29, 2025
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 Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

“From Disability to Limitation”: Fourth Circuit Re-defines the Employer’s Duty of Notice in ADA Accommodations – Commentary on Sally Tarquinio v. Johns Hopkins University APL (4th Cir. 2025)

Date: Jun 29, 2025
“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

United States v. McCray: Clarifying the Scope of Sentencing Explanations When a Downward Variance Is Granted

Date: Jun 29, 2025
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

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

Date: Jun 29, 2025
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

“Three-Strike Certainty” – The Tenth Circuit’s Consolidated Dismissal in Hale-El v. Doe and the Clarification of PLRA Strike Accrual on Frivolous Appeals

Date: Jun 29, 2025
“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...
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals

Date: Jun 29, 2025
Hale-El v. Ring: Tenth Circuit Clarifies Timing of PLRA “Strikes” and Heightens Pleading Scrutiny for Prisoner Appeals 1. Introduction In Hale-El v. Ring, Nos. 25-1044 & 25-1045 (10th Cir. 2025), the...
Vehicle-Specific Liability Coverage Upheld:  Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Vehicle-Specific Liability Coverage Upheld: Scott v. Nationwide Agribusiness and the Colorado “Vehicle-Oriented” Liability Principle

Date: Jun 29, 2025
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

United States v. Barnes: Tenth Circuit Confirms Unconditional Guilty Plea Waives Post-Conviction Statutory Challenges to § 924(c) Predicate Offenses

Date: Jun 29, 2025
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...
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