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Circumstantial Proof of Knowledge in Aggravated Identity Theft: United States v. Aceituno Introduction United States v. Aceituno (1st Cir. June 2, 2025) addresses the sufficiency of evidence required...
Presumption of Verity in Plea Colloquies and Deference to District Courts in §2255 Ineffective‐Assistance Claims Introduction This commentary examines the Seventh Circuit’s decision in Helen Caldwell...
Non-Assignability of Statutory Surviving Spouse Benefits in Incorporated Divorce Settlements Introduction This commentary examines the Rhode Island Supreme Court’s decision in Marilyn L. Wilson v....
Coercive Versus Persuasive Employer Speech: Clarifying Section 8(c) Boundaries in NLRB v. Garten Trucking Introduction NLRB v. Garten Trucking LC arises from a union‐organizing campaign at Garten...
Clarifying the Limits of Bivens and Section 1985(3) Private Entity Liability Absent State Action Introduction Fernandez v. Greyhound Lines, Inc. is a June 2, 2025 decision of the United States Court...
Sixth Circuit Clarifies Jurisdictional Boundaries in Mixed Actions: Mandatory Exercise for Coercive Claims and Limited Abstention for Declaratory Relief Introduction Fire-Dex, LLC v. Admiral...
Clarifying the Scope of Aggravated Identity Theft Post-Dubin: United States v. Jason Weigand Introduction This commentary examines the Third Circuit’s decision in United States v. Jason C. Weigand,...
Forfeiture of Claims-Processing Challenges to Defective Notices to Appear in Immigration Proceedings Introduction This commentary examines the Eleventh Circuit’s decision in Santa I. Espinoza v. U.S....
Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio Introduction Brookins v. Figuccio, decided by the United States Court of Appeals for the Second Circuit on June 2, 2025, tested the...
Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...
Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion Introduction In Larson v. Gibson, No. 344, 2024 (Del. June 2, 2025), the Supreme Court of...
Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials Introduction This commentary examines the Seventh Circuit’s decision in Union Pacific Railroad Company v. Illinois...
Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...
Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability 1. Introduction This commentary examines the Fifth Circuit’s decision in Keister v. Dolgencorp, No. 24-60356 (5th...
Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...
Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement Introduction The Eleventh Circuit’s decision in United States v. Errol Michael Gilyot, No. 24-11276 (11th Cir....
Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights Introduction Hudson Shore Associates Ltd....
Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...
Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley Introduction State of Nebraska v. William B. Langley (319 Neb. 67, May 30,...
Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2) Introduction This case arises from two consolidated...