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

Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821

Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821

Date: May 6, 2025
Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821 Introduction United States v. Rose, No. 24-7079 (10th Cir. May 5, 2025), addresses whether...
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Date: May 6, 2025
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms Introduction This case arises from a pro se lawsuit filed by Gary Porter, an inmate at...
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Date: May 6, 2025
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals Introduction In Nonna Y. Sorokina v. The College of New Jersey, a panel of the United States...
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Date: May 6, 2025
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum Introduction Libby Hilsenrath v. School District of the Chathams, decided by the United States Court of Appeals for...
Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions

Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions

Date: May 6, 2025
Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions Introduction Fonte v. Memorial Hospital of Laramie County is a decision of the...
Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller

Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller

Date: May 6, 2025
Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller Introduction United States v. Fuller, decided May 5, 2025 by the Tenth Circuit,...
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Date: May 6, 2025
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler Introduction The case of People v. Oyler (S173784) arose from a series of wildland arson fires in the Banning Pass...
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Date: May 6, 2025
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences Introduction In J.F. v. St. Vincent Hospital and Health Care Center, Inc. (Indiana Supreme Court, May...
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Date: May 6, 2025
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk Introduction Stewart v. Ramczyk, decided May 5, 2025 by the Supreme Court of New Mexico, is the first New Mexico...
Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Date: May 6, 2025
Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c Introduction In Blanford v. Dudek (2d Cir. 2025), the Second Circuit affirmed the denial of...
Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence

Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence

Date: May 6, 2025
Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence 1. Introduction This commentary examines the Seventh Circuit’s decision in United States v....
Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

Date: May 6, 2025
Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard Introduction Xin He, a Chinese national, applied for asylum in the United...
Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions

Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions

Date: May 6, 2025
Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions Introduction United States v. Edward C. Brown is a Seventh Circuit decision upholding a conviction for possession...
Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee

Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee

Date: May 6, 2025
Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee Introduction Ibarra v. Lee, decided May 5, 2025 by the Tenth Circuit, clarifies...
Invited Error and the Limits of Tapia v. United States: United States v. Allante Ramone Brown

Invited Error and the Limits of Tapia v. United States: United States v. Allante Ramone Brown

Date: May 6, 2025
Invited Error and the Limits of Tapia v. United States: United States v. Allante Ramone Brown Introduction The Sixth Circuit’s decision in United States v. Allante Ramone Brown (No. 23-6029/6034,...
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Date: May 6, 2025
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B. Introduction In In re K.A., Jr., N.A. and J.B., the Supreme Court of Appeals of West Virginia...
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Date: May 6, 2025
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding Introduction In In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract...
Independent Jurisdictional Basis Required for Severed Settlement Enforcement Claims

Independent Jurisdictional Basis Required for Severed Settlement Enforcement Claims

Date: May 6, 2025
Independent Jurisdictional Basis Required for Severed Settlement Enforcement Claims Introduction PNC Bank v. 2013 Travis Oak Creek, L.P. arises from a dispute over enforcement of a settlement...
Eligibility and Discretionary Limits on Retroactive §4C1.1 Sentence Reductions

Eligibility and Discretionary Limits on Retroactive §4C1.1 Sentence Reductions

Date: May 6, 2025
Eligibility and Discretionary Limits on Retroactive §4C1.1 Sentence Reductions Introduction This commentary examines the United States Court of Appeals for the Sixth Circuit’s decision in United...

    Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Date: May 6, 2025
Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute Introduction In Re The People of the State of Colorado v. Patrick L. Beverly, II (2025 CO 18) presents the first opportunity...
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