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interpreting-&amp Case Commentaries

Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025)

Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025)

Date: Sep 4, 2025
Klein Conspiracies Require “Deceitful or Dishonest Means” and Advice-of-Counsel Must Be Instructed Across Counts: United States v. Kearney (10th Cir. 2025) Introduction In United States v. Kearney,...
Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One

Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One

Date: Sep 4, 2025
Common Use, Not Common Possession: Tenth Circuit Holds Machineguns Fall Outside Second Amendment Protection at Bruen Step One Introduction United States v. Morgan (10th Cir. Sept. 2, 2025) confronts...
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge

Date: Sep 4, 2025
Eleventh Circuit Upholds ACCA’s Reliance on State Sentencing Maxima Against Fifth Amendment Equal‑Protection Challenge Case: United States v. Nikequis Lachristopher Green, No. 24-11526 (11th Cir....
“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen

“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen

Date: Sep 4, 2025
“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen Introduction This Seventh Circuit decision addresses whether Illinois may bar...

      “Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen

“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen

Date: Sep 4, 2025
“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen Introduction In Benjamin...
Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion

Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion

Date: Sep 4, 2025
Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion Introduction In Karen Moratz v. Reliance Standard Life Insurance...
Context Matters: Seventh Circuit Holds “I think so, yes” Can Be an Unequivocal Assurance of Juror Impartiality; Law‑Enforcement Family Ties Not Per Se Disqualifying

Context Matters: Seventh Circuit Holds “I think so, yes” Can Be an Unequivocal Assurance of Juror Impartiality; Law‑Enforcement Family Ties Not Per Se Disqualifying

Date: Sep 4, 2025
Context Matters: Seventh Circuit Holds “I think so, yes” Can Be an Unequivocal Assurance of Juror Impartiality; Law‑Enforcement Family Ties Not Per Se Disqualifying Introduction In United States v....
“Out-of-Order” Means No Reasonable Expectation of Privacy: Seventh Circuit Clarifies Fourth Amendment Limits in Unlocked, Non‑Functional Public Restrooms

“Out-of-Order” Means No Reasonable Expectation of Privacy: Seventh Circuit Clarifies Fourth Amendment Limits in Unlocked, Non‑Functional Public Restrooms

Date: Sep 4, 2025
“Out-of-Order” Means No Reasonable Expectation of Privacy: Seventh Circuit Clarifies Fourth Amendment Limits in Unlocked, Non‑Functional Public Restrooms Introduction In United States v. Lapierre...
Seventh Circuit Clarifies: “Middlemen” Who Initiate or Conclude Transactions Are “In the Business of Laundering Funds” Under U.S.S.G. §2S1.1(b)(2)(C)

Seventh Circuit Clarifies: “Middlemen” Who Initiate or Conclude Transactions Are “In the Business of Laundering Funds” Under U.S.S.G. §2S1.1(b)(2)(C)

Date: Sep 4, 2025
Seventh Circuit Clarifies: “Middlemen” Who Initiate or Conclude Transactions Are “In the Business of Laundering Funds” Under U.S.S.G. §2S1.1(b)(2)(C) Introduction In United States v. Miguel...
Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role

Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role

Date: Sep 4, 2025
Independent Military Purpose Shields Army CID Investigations from FTCA Liability; Posse Comitatus Not Violated Absent Pervasive Civilian Law-Enforcement Role Introduction In Perales-Muñoz v. United...
Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement

Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement

Date: Sep 4, 2025
Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement Introduction In Bear Crest Limited LLC v....
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Date: Sep 2, 2025
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending...
“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031

“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031

Date: Sep 2, 2025
“Any Amount Means Any Amount”: Wyoming Supreme Court Rejects a De Minimis Defense for Methamphetamine Possession under § 35‑7‑1031 Case: David Wayne Gober v. The State of Wyoming, 2025 WY 96 (Wyo....
No Oral Hearing Required Under FRAP 46(b)(3) in Reciprocal Discipline; Baseless Judicial-Corruption Accusations Are Unprotected: Commentary on In re Jordan (2d Cir. 2025)

No Oral Hearing Required Under FRAP 46(b)(3) in Reciprocal Discipline; Baseless Judicial-Corruption Accusations Are Unprotected: Commentary on In re Jordan (2d Cir. 2025)

Date: Sep 2, 2025
No Oral Hearing Required Under FRAP 46(b)(3) in Reciprocal Discipline; Baseless Judicial-Corruption Accusations Are Unprotected: Commentary on In re Jordan (2d Cir. 2025) Introduction This commentary...
No “Front‑End” Sentence Increases to Offset First Step Act Credits or RDAP: The Second Circuit’s Sentencing Blueprint in United States v. James

No “Front‑End” Sentence Increases to Offset First Step Act Credits or RDAP: The Second Circuit’s Sentencing Blueprint in United States v. James

Date: Sep 2, 2025
No “Front‑End” Sentence Increases to Offset First Step Act Credits or RDAP: The Second Circuit’s Sentencing Blueprint in United States v. James Introduction United States v. James is a consequential...
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC

Date: Sep 2, 2025
No FDIC, No Federal Forum: Eleventh Circuit Reaffirms Counterclaims Cannot Support Removal and FIRREA’s 90-Day Window Runs Only for the FDIC Introduction In Deutsche Bank National Trust Company v....
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4

Date: Sep 2, 2025
No Reset of the Reopening Clock After Withdrawal: IJ’s Decision Is the Final Administrative Order for the 90‑Day Motion-to-Reopen Deadline under 8 C.F.R. § 1003.4 Case: Julio Connor-Molina v. U.S....
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison

Date: Sep 2, 2025
Reaffirming Subjective Recklessness and Pleading Specificity in Prisoner Suits: Beaubrun v. Dodge State Prison Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument Calendar,...
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger

Date: Sep 2, 2025
Eleventh Circuit Upholds 125% Upward Variance for Illegal Reentry Where Guidelines Understate Recidivism and Public Danger Introduction In United States v. Arael Martinez Perez, the U.S. Court of...
No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine

Date: Sep 2, 2025
No Duty to Disclose Early‑Stage Government Investigations as “Reasonably Possible” Liabilities: Third Circuit Aligns §10(b) with ASC 450 and the Supreme Court’s Half‑Truth Doctrine Introduction The...
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