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

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand

Date: May 10, 2025

Coote v. U.S. Attorney General: Eleventh Circuit Clarifies BIA’s Authority to Assess New Evidence on Motions to Reopen Without Remand 1. Introduction The Eleventh Circuit’s non-precedential opinion...

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561

Date: May 10, 2025

Defining Post-Abandonment Waiver: Renunciation Under La. C.C.P. Art. 561 Introduction The Supreme Court of Louisiana’s decision in Foundation Elevation & Repair, LLC v. Kenneth Miller and Doreen...

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2)

Date: May 10, 2025

In Camera Review Requirement for Surveillance Videotape Impeachment Evidence under La. C.E. art. 607(D)(2) Introduction This commentary examines the Louisiana Supreme Court’s decision in Bradley Day...

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt

Date: May 10, 2025

Mandating Full Compliance with Injunctions: Defining Scope of Prohibited Discharge and Standards for Contempt Introduction This commentary examines the Vermont Supreme Court’s decision in Aerie Point...

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments

Date: May 10, 2025

NEPA Hard Look Requirement: Prohibiting Arbitrary Agency Departures from Model‐Based Risk Assessments Introduction In WildEarth Guardians v. U.S. Forest Service, 10th Cir. No. 24-1187 (May 9, 2025),...

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Date: May 10, 2025

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi 1. Introduction...

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal

Date: May 10, 2025

Roseberry v. North Slope: Differentiating “Public Concern” Standards and Limiting Preclusion After Federal Dismissal Introduction In Roseberry v. North Slope Borough School District and North Slope...

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements

Date: May 10, 2025

Broad Enforcement of Iowa’s Credit Agreement Statute of Frauds: Bar to Tort Claims Arising from Unwritten Agreements Introduction County Bank v. Shalla (Iowa 2025) centers on a dispute arising from...

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025)

Date: May 10, 2025

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025) 1. Introduction The...

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule

Date: May 10, 2025

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule 1. Introduction United States v. Martinez, No. 23-7437, decided by the United States Court of Appeals for the...

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025)

Date: May 10, 2025

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025) 1. Introduction...

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII

Date: May 10, 2025

Jones v. SAFEBuilt LLC — The Eleventh Circuit Re-Affirms the Limits of Judicial Leniency to Pro Se Litigants in Service-of-Process and Employer-Status Determinations under Title VII 1. Introduction...

Adverse Possession Demands Credible, Specific Proof of Exclusive Use for Ten Years

Date: May 10, 2025

Adverse Possession Demands Credible, Specific Proof of Exclusive Use for Ten Years Introduction These consolidated appeals arise from a boundary dispute between Edgar Sepulveda, as Trustee of the 7...

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025)

Date: May 10, 2025

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025) Introduction In Ngambo v. Social Security Administration, the United States Court of...

Establishing Nonmarital Inheritance by Testimony Alone: Backhaus v. Backhaus

Date: May 10, 2025

Establishing Nonmarital Inheritance by Testimony Alone: Backhaus v. Backhaus Introduction Backhaus v. Backhaus, 318 Neb. 891 (2025), clarifies the evidentiary standard for classifying inherited funds...

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings

Date: May 10, 2025

Manifest-Error Standard Governs Mixed Questions of Law and Fact in CDL Disqualification Proceedings Introduction Theophilus Roland, Jr. v. Louisiana Department of Public Safety and Corrections, No....

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law

Date: May 10, 2025

Prohibition on Joinder of Capital and Non-Capital Felony Charges Under Louisiana Law Introduction In State of Louisiana v. Davieontray Lee Breaux, the Louisiana Supreme Court addressed whether...

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel

Date: May 10, 2025

Strict Enforcement of Vermont Rule 3(a): Timely Service and Limits on Equitable Estoppel Introduction In Adriana Cunha-Salomon et al. v. Williamson Group, LLC d/b/a Williamson Group Sotheby’s...

Mens Rea Requirement and Narrow Tailoring in Judicially Imposed Courthouse Buffer Zones

Date: May 10, 2025

Mens Rea Requirement and Narrow Tailoring in Judicially Imposed Courthouse Buffer Zones Introduction The First Circuit’s decision in Grant v. Trial Court of the Commonwealth of Massachusetts...

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4

Date: May 10, 2025

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4 I....

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