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imputation-of-agent& Case Commentaries

State v. Ramsey (2025): Clarifying the Appellate Test for Sufficiency of the Evidence where Self-Defense is Asserted

State v. Ramsey (2025): Clarifying the Appellate Test for Sufficiency of the Evidence where Self-Defense is Asserted

Date: Jul 3, 2025
State v. Ramsey (Conn. 2025): Clarifying the Appellate Test for Sufficiency of the Evidence where Self-Defense is Asserted Introduction In State v. Ramsey, 208 A.3d ___ (Conn. 2025), the Supreme...
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Date: Jul 3, 2025
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability Commentary on Hector Tipan Lopez v. Attorney General of the United...
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

Date: Jul 3, 2025
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland Introduction In Kelvin Rosa v. Administrator East Jersey State Prison, the United States Court of Appeals...
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

Date: Jul 3, 2025
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny 1. Introduction In United States v. Kimble, No. 23-50874 (5th Cir. June 30 2025), the...

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Date: Jul 3, 2025
Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges A Comprehensive Commentary on United States v. Cristian Cabrera-Rivas, 93 F.4th ___...
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

Date: Jul 3, 2025
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements Introduction On 30 June 2025 the United States Court of Appeals for the...
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Date: Jul 3, 2025
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment Introduction...

    “Cash Is Not a Record”: The Second Circuit’s Re-affirmation that
    Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

Date: Jul 3, 2025
“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation 1. Introduction The Second Circuit’s summary order in In...
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Date: Jul 3, 2025
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: Mullen v. Bell, 24-2291 (2d Cir. 2025) Introduction Mullen v. Bell...
“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions

“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions

Date: Jul 3, 2025
“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions Introduction Case: Sarkar v. City of New...
Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso (2d Cir. 2025)

Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso (2d Cir. 2025)

Date: Jul 3, 2025
Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso, 24-214 (2d Cir. June 30, 2025) Introduction United States v. Reynoso, decided by the Second Circuit on June...
Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed IAC Claims on Post-Conviction Appeal

Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed IAC Claims on Post-Conviction Appeal

Date: Jul 3, 2025
Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed Ineffective-Assistance Claims on Post-Conviction Appeal Introduction In Christopher Watts v. Secretary, Florida...
Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law – Commentary on Jesus Santiago, Jr. v. Neno Research LLC

Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law – Commentary on Jesus Santiago, Jr. v. Neno Research LLC

Date: Jul 3, 2025
Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law Introduction In Jesus Santiago, Jr. v. Neno Research LLC, the United States Court of...
Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs

Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs

Date: Jul 3, 2025
Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs Introduction Case Name: Sara Ordoñez-Vasquez v. U.S. Attorney General Court & Date: United States...
United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers

United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers

Date: Jul 3, 2025
United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers Introduction In United States v. Braudimil Pineda, No. 22-13661...
Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025)

Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025)

Date: Jul 3, 2025
Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025) 1. Introduction In United States v. Wilmer Payan, the Eleventh Circuit revisited the...
United States v. McFarlane: Post-Esteras Deference to District-Court Discretion in Upward Variances on Supervised-Release Revocations

United States v. McFarlane: Post-Esteras Deference to District-Court Discretion in Upward Variances on Supervised-Release Revocations

Date: Jul 3, 2025
United States v. McFarlane: Post-Esteras Deference to District-Court Discretion in Upward Variances on Supervised-Release Revocations Introduction In United States v. Yackeem McFarlane, No. 24-11512...
Post-Bruen Endorsement of Federal Firearms Prohibitions: United States v. Greely, Branch & Burnett

Post-Bruen Endorsement of Federal Firearms Prohibitions: United States v. Greely, Branch & Burnett

Date: Jul 3, 2025
Post-Bruen Endorsement of Federal Firearms Prohibitions – A Sixth Circuit Commentary on United States v. Greely, Branch & Burnett Introduction The consolidated appeal in United States v. Demarcus...
“Post-Bruen Stability in Federal Firearms Law: The Sixth Circuit Re-Affirms
            the Constitutionality of 18 U.S.C. §§ 922(o) and 922(g)(1)”

“Post-Bruen Stability in Federal Firearms Law: The Sixth Circuit Re-Affirms the Constitutionality of 18 U.S.C. §§ 922(o) and 922(g)(1)”

Date: Jul 3, 2025
Post-Bruen Stability in Federal Firearms Law: The Sixth Circuit Re-Affirms the Constitutionality of 18 U.S.C. §§ 922(o) and 922(g)(1) Introduction In United States v. Greely, Branch & Burnett...
Post-Bruen Endurance of Federal Firearms Prohibitions: Sixth Circuit Affirms Constitutionality of §§ 922(o) & 922(g)(1) and Clarifies Waiver of § 922(g)(3) Challenges

Post-Bruen Endurance of Federal Firearms Prohibitions: Sixth Circuit Affirms Constitutionality of §§ 922(o) & 922(g)(1) and Clarifies Waiver of § 922(g)(3) Challenges

Date: Jul 3, 2025
Post-Bruen Endurance of Federal Firearms Prohibitions: Sixth Circuit Affirms Constitutionality of §§ 922(o) & 922(g)(1) and Clarifies Waiver of § 922(g)(3) Challenges Introduction United States v....
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