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  • Commentaries
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juvenile-sentencing-guidelines:-iowa-supreme-court Case Commentaries

“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation

“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation

Date: Jun 18, 2025
“Purely Expressive Union Advocacy” Doctrine: Fourth Circuit Shields Peaceful Union Speech from § 158(b)(4) Liability and State-Law Defamation Introduction WG/Welch Mechanical Contractors, LLC...
Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings

Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings

Date: Jun 18, 2025
Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings Introduction The consolidated opinions in Carroll v....
“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi

“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi

Date: Jun 18, 2025
“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi 1. Introduction On 13 June 2025, the United States Court of Appeals for the...
Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts

Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts

Date: Jun 18, 2025
Acosta v. Acting Commissioner of Social Security: Curtailing Post-Hearing Job-Numbers Challenges and Clarifying Harmless Error for DOT Conflicts Introduction In Dorys Acosta v. Acting Commissioner of...
Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases: Comment on Manuel Labrada v. U.S. Attorney General (11th Cir. 2025)

Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases: Comment on Manuel Labrada v. U.S. Attorney General (11th Cir. 2025)

Date: Jun 18, 2025
Restitution Orders as Prima Facie Proof of the $10,000-Loss Threshold in Aggravated-Felony Removal Cases Commentary on Manuel Labrada v. U.S. Attorney General, 11th Cir., 13 June 2025 1. Introduction...

        “Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions – Commentary on United States v. Isaac Alvarez (11th Cir. 2025)

“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions – Commentary on United States v. Isaac Alvarez (11th Cir. 2025)

Date: Jun 18, 2025
“Made-In” Markings as Independent Proof of Interstate Nexus & Flexible Rule-16 Sanctions Commentary on United States v. Isaac Alvarez, No. 23-12286 (11th Cir. June 13, 2025) (unpublished) 1....
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims

Date: Jun 18, 2025
“Report-First” Requirement Reaffirmed: Castanon Bamaca v. Bondi and the Government-Unwillingness Standard in Private-Actor Persecution Claims Introduction Castanon Bamaca v. Bondi (6th Cir. 2025)...
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen

Date: Jun 18, 2025
“Continuation Isn’t Change” – Sixth Circuit Clarifies Post-Loper Bright Review of BIA Motions to Reopen Introduction In Raed Zakariya v. Pamela Bondi, Case No. 24-4082 (6th Cir. June 13, 2025), the...
Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 – A Commentary on United States v. Marcus Pryor

Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 – A Commentary on United States v. Marcus Pryor

Date: Jun 18, 2025
Refusal to Accept COVID-19 Vaccination Precludes Compassionate Release Under Amended Guideline § 1B1.13 Comprehensive Commentary on United States v. Marcus Pryor, 6th Cir. (June 13 2025) I....
United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions

United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions

Date: Jun 18, 2025
United States v. Smith: Sixth Circuit Reasserts Deferential Review and District-Court Discretion in Retroactive Amendment 821 Sentence Reductions Introduction United States v. Odell P. Smith, Jr....
United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B)

United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Jun 18, 2025
United States v. Grady: Clarifying “Minimal Indicia of Reliability” and the Sliding-Scale Test for Relevant Conduct under U.S.S.G. § 2K2.1(b)(6)(B) Introduction In United States v. Zacquon D. Grady,...
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation

Date: Jun 18, 2025
Herman v. Sig Sauer: The Tenth Circuit Re-Affirms a Strict Factual-Basis Requirement for Expert Causation Testimony under Rule 702/Daubert in Firearms Design-Defect Litigation Introduction Herman v....
“Requiring a Straight Line” – Ratfield v. USDTL and the Seventh Circuit’s Clarification of Proximate Cause in Civil RICO Litigation

“Requiring a Straight Line” – Ratfield v. USDTL and the Seventh Circuit’s Clarification of Proximate Cause in Civil RICO Litigation

Date: Jun 18, 2025
“Requiring a Straight Line” – Ratfield v. United States Drug Testing Laboratories, Inc. A Seventh Circuit Clarification of Proximate Cause and Direct Injury under Civil RICO Introduction Andrea...
“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal

“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal

Date: Jun 18, 2025
“No-Piggyback Appeals”: Seventh Circuit Bars Intervenor Standing When the Enjoined Party Declines to Appeal Introduction Cellco Partnership, doing business as Verizon Wireless (“Verizon”), sought...

        When Rooker-Feldman Stops and Younger Begins:
        Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” 
        Bar Federal Intervention Only Through Younger Abstention

When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Holds Foreclosure Judgments Not Yet “Final” Bar Federal Intervention Only Through Younger Abstention

Date: Jun 18, 2025
When Rooker-Feldman Stops and Younger Begins: Seventh Circuit Clarifies Federal-State Jurisdictional Boundaries in Durga Property Holdings, Inc. v. City of Effingham Introduction The United States...

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Scolman v. LaVoie (7th Cir. 2025): Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners

Date: Jun 18, 2025
Clarifying the Boundary Between Professional Judgment and Deliberate Indifference & the Standard for Appointing Counsel to Pro Se Prisoners: Commentary on Joshua Scolman v. Daniel LaVoie, 7th Cir....
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025)

Date: Jun 18, 2025
Reaffirming the “Actual-Knowledge” and Personal-Involvement Requirements in §1983 Failure-to-Protect Litigation – A Commentary on Gibson v. Donaldson (7th Cir. 2025) 1. Introduction The Seventh...
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers

Date: Jun 18, 2025
United States v. Zanders – Clarifying the Limited Reach of Drug-Quantity Stipulations and the Continued Strength of Appeal Waivers 1. Introduction United States v. Vorheese D. Zanders, No. 24-2087,...
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: A Commentary on Price v. Scharf Trucking

Date: Jun 18, 2025
“Enforce” vs. “Defend” & the Survival of Post-Termination Duties: Seventh Circuit Clarifies Contractual Fee-Shifting and Reclamation Deadlines in Price v. Scharf Trucking 1. Introduction The Seventh...
“Enforcement, Not Defence”:  Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc.

Date: Jun 18, 2025
“Enforcement, Not Defence”: Seventh Circuit Restricts Fee-Shifting and Treats Post-Termination Reclamation as a Continuing Obligation ― Commentary on William Price v. Carri Scharf Trucking, Inc....
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