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From “Significant Harm” to “Any Disadvantage”: Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano 1. Introduction Mary Frances Herkert, a disabled employee of the...
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation I. Introduction In Saadiq Long v. Pamela Bondi, No. 24-1369/1403 (4th Cir....
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded Introduction The Fourth Circuit’s published decision...
The “Intentional-Withdrawal Waiver” Doctrine Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Bernard K. Breeland, Jr.,...
“Beyond Miller”: The Fourth Circuit Declines to Extend Juvenile-Sentencing Protections to 18-Year-Old Offenders and Clarifies Evidentiary & Joinder Standards in Large-Scale VICAR Prosecutions – A...
No Safe Harbor in Fear: Fourth Circuit Narrows Duress Defence in Gang-Related VICAR Prosecutions 1. Introduction United States v. Elmer Martinez (consolidated appeals Nos. 22-4745, 22-4746, 23-4005,...
United States v. Martinez (4th Cir. 2025): Clarifying the Boundaries of Duress under 18 U.S.C. § 1959, the Admissibility of Gang-Violence Evidence, and the Proper Scope of Knock-and-Talk Searches...
Fourth Circuit Narrows “Gang-Duress” and Confirms Admissibility of Expert Gang Testimony after Crawford A Comprehensive Commentary on United States v. Pablo Velasco Barrera, 92 F.4th ___ (4th Cir....
“No Safe Harbor in Gang Coercion” – The Fourth Circuit’s Definitive Limits on Duress, Evidence, and Sentencing in United States v. Ronald Contreras (2025) 1. Introduction United States v. Ronald...
United States v. Crawford: Clarifying the Obstruction-of-Justice Enhancement and Reaffirming Limits on “Reasonable Doubt” Definitions 1. Introduction United States v. Stephen C. Crawford, No. 24-4243...
Rivas de Nolasco v. Bondi: The Fourth Circuit Affirms § 1252(b)(1) as a Non-Jurisdictional Claims-Processing Rule and Reinforces Nexus Standards for Particular Social Group Claims Introduction In...
United States v. McCoy: The Tenth Circuit Clarifies “Incapacitation” and Cumulative-Circumstance Analysis under 18 U.S.C. § 3582(c)(1)(A) Introduction United States v. McCoy, No. 25-6039 (10th Cir....
“Prevailing On The Merits” Reaffirmed: Full Attorney-Fee Awards Under AS 09.60.010(c) after Donkel & Cade v. State of Alaska, Department of Natural Resources 1. Introduction The Alaska Supreme...
Reaffirming Exhaustion of Tribal Remedies and Full-Faith-and-Credit for Tribal Custody Orders under ICWA Commentary on J.A. (Father) v. Native Village of Tanana Supreme Court of Alaska (No. 2099, 13...
“Tracing Trumps Ambiguity” – Alaska Supreme Court Re-Affirms the Burden to Trace Separate Contributions Despite an Ambiguous Prenuptial Agreement Introduction In Fairbanks v. Fox, No. 2100 (Alaska...
Reserved Easements and the “Notice-to-Exercise” Rule Supreme Court of Wyoming clarifies that a plat’s reservation clause does not ripen into an easement unless the grantor affirmatively notifies the...
Successor HOA Authority and the “Futility” Threshold for Pleading Amendments — A Structured Commentary on Dee Conger, Trustee v. AVR Homeowner’s Association, Inc., 2025 WY 91 (Wyo. Sup. Ct. Aug. 13,...
Supreme Court Clarifies Due-Process Safeguards in Administrative Attorney Suspensions Under Pa.R.D.E. 219 1. Introduction On 13 August 2025 the Supreme Court of Pennsylvania issued an order entitled...
Clarifying the Evidentiary Burden for Asserting Lawful Permanent Resident Status in Removal Proceedings – Commentary on Dynza Mackey v. Attorney General of the United States (3d Cir. 2025) 1....
“Taylor Post-Shinn Doctrine” – The Third Circuit Narrows Rule 60(b)(6) Habeas Relief and Clarifies ‘Reasonable Time’ Post-Martinez Introduction In Paul Gamboa Taylor v. Commissioner of Pennsylvania...