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

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

Date: Sep 8, 2025
No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression Commentary on United States v. Tsatenawa, No. 24-50034 (5th Cir. Sept. 5, 2025) (per curiam)...
Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Date: Sep 8, 2025
Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause Introduction In Wilson...
Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Date: Sep 8, 2025
Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law Introduction...
Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Date: Sep 8, 2025
Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025) Introduction In Tyree M....
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Date: Sep 8, 2025
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...
Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Date: Sep 8, 2025
Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers Introduction In Dillon v. Curtis...
No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

Date: Sep 8, 2025
No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy Introduction In Meier v. Aspen Academy, the United States Court of...
Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Date: Sep 8, 2025
Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry Commentary on Teva Pharmaceuticals v. Weiser (10th Cir. Sept. 5, 2025) Introduction Teva...
Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Date: Sep 8, 2025
Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act Case: United States v. Hatley, No. 23-7046 (10th Cir. Sept. 5, 2025) (Eid, J.)...
Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Date: Sep 8, 2025
Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial Introduction In a published decision of...
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges Introduction In Bristol Myers Squibb Co. v. Secretary...
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025
Economic Pressure Is Not Legal Compulsion: Third Circuit Upholds IRA Drug Price Negotiations Against Takings and Compelled‑Speech Challenges Introduction In a precedential opinion with national...
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not Plainly Unconstitutional

Date: Sep 8, 2025
Defendant’s Autonomy to Contest or Concede Individual Substantive Elements: Third Circuit Bars Counsel from Stipulating Over Client’s Objection; Old Chief/Rehaif Interface Clarified; § 922(g)(1) Not...
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained Unrestricted License

Date: Sep 8, 2025
Prospective Relief Allowed, Property Interest Denied: Fifth Circuit Applies Ex parte Young to Ongoing Medical‑License Restrictions and NPDB Reporting, but Rejects Due‑Process Claim to an Unobtained...
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act

Date: Sep 8, 2025
Graduation Severs Continuing Violations Under Title IX: Fifth Circuit Reaffirms Two‑Year Limitations (Texas) and Treats Post‑Graduation Retaliation as a Discrete Act Introduction This commentary...
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements

Date: Sep 8, 2025
Post‑Earnest Clarification of Doiron: Incidental Vessel Logistics and Transportation Clauses Do Not Convert Oilfield Master Service Contracts into Maritime Agreements Introduction Offshore Oil...
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital

Date: Sep 8, 2025
Nexus over Comparators and FMLA Interference by Omission: Sixth Circuit Partially Revives Pregnancy Discrimination and FMLA Claims in Bunnell v. Beaumont Hospital Court: U.S. Court of Appeals for the...
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule

Date: Sep 8, 2025
Clarifying When an EEOC Intake Questionnaire Is (and Is Not) a “Charge”: Sixth Circuit Tightens Holowecki’s Gate for ADA Exhaustion and Reaffirms Michigan PWDCRA’s No-Transfer Rule Case: Jay...
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy

Date: Sep 8, 2025
Sixth Circuit clarifies clear‑error review for §2D1.1(b)(12)’s “maintenance” prong and reaffirms probable cause from a single “come‑and‑return” controlled buy Introduction In United States v. Jayon...
Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests

Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests

Date: Sep 8, 2025
Extending the Collective-Knowledge Doctrine to Sworn 911 Dispatchers: Arguable Probable Cause and Qualified Immunity in 911 Misuse Arrests Case: Emma Jane Prospero v. Deputy Ryan Sullivan; Lt....
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