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interpreting-& Case Commentaries

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Date: Sep 26, 2025
Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Date: Sep 26, 2025
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft Note on precedential status: The court labeled this a...
EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)

Date: Sep 26, 2025
EEZ-as-“High Seas,” Congress’s MDLEA Statelessness Definition, and No-Nexus Requirement Reaffirmed; Minor-Role Denial for High-Quantity Courier — United States v. Vasquez (11th Cir. 2025)...
No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC

Date: Sep 26, 2025
No Thirteenth Amendment Claim for Routine Prison Labor; Due Process Requires “Atypical and Significant Hardship” — Eleventh Circuit Reaffirms Omasta and Applies Sandin in Greene v. Secretary, FDOC...
A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided

Date: Sep 26, 2025
A single address can satisfy Fourth Amendment particularity for unmarked, attached efficiency apartments when officers reasonably could not know the property is subdivided Introduction In United...
Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor

Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor

Date: Sep 26, 2025
Post-Wilkinson Review in Cancellation Cases: Sixth Circuit Reaffirms No Jurisdiction Over Factual Hardship Findings and Confirms That Number of Qualifying Relatives Is a Proper Totality Factor...
EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez

Date: Sep 26, 2025
EEZ Counts as “High Seas,” and a Claim of Nationality Triggers Statelessness Under the MDLEA: The Eleventh Circuit’s Summary Affirmance in United States v. Rai Martinez Introduction In a...
Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply

Date: Sep 26, 2025
Eleventh Circuit reaffirms inherent authority to dismiss patently frivolous pro se Bivens claims and confirms abandonment of default arguments raised only in reply Introduction This commentary...
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Date: Sep 26, 2025
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)...
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Date: Sep 26, 2025
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders Introduction In Vaghari v. Bondi (No. 23-6727, Sept. 25,...
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Date: Sep 26, 2025
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues Italian-American Defense League v. City of New Haven, No. 24-2877 (2d Cir. Sept. 25, 2025) (summary...
Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law

Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law

Date: Sep 26, 2025
Interest-Based Allocation of Joint Loss‑Payee Insurance Proceeds and Preclusion of Insurer’s Post‑Verdict Attacks under Tennessee Law Introduction This appeal—Hanover American Insurance Co. v....
EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges

EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges

Date: Sep 26, 2025
EEZ as “High Seas,” Validity of “Neither Confirm Nor Deny” Statelessness, and No Nexus Requirement Under the MDLEA: Eleventh Circuit Reaffirms Foundational Limits on Constitutional Challenges...
Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation

Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation

Date: Sep 26, 2025
Eleventh Circuit: Sentencing May Weigh Overdose-Related Investigation Context Without Proving Causation Case: United States v. Sudiata Neket Zanja Stinson, No. 24-11993 (11th Cir. Sept. 25, 2025)...
“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas

“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas

Date: Sep 26, 2025
“High Seas” Includes Foreign Contiguous Zones: Eleventh Circuit Confirms MDLEA Jurisdiction Over Stateless Vessels Interdicted Beyond Territorial Seas Case Overview Case: United States v. Cristian...
Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed

Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed

Date: Sep 26, 2025
Recklessness Suffices for § 875(c) “True Threats”; Rule 106 Context Is Narrow; Keene Alternative-Sentence Harmlessness Reaffirmed Introduction In United States v. Cloepha Franks, No. 24-11546 (11th...
Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Date: Sep 26, 2025
Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld Commentary on United States v....
EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

Date: Sep 26, 2025
EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello Introduction This commentary analyzes the...
Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Date: Sep 26, 2025
Erlinger’s Admission Exception in Practice: Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements Case: United States v. Hiawatha Laquinta Scott, III, No. 24-11045 (11th Cir....
“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

Date: Sep 26, 2025
“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests Introduction In a published...
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