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limits-on-magistrate-judges&amp Case Commentaries

“Some Evidence” of Loss, Not Contemporaneous Dollar Proof, Satisfies Due Process for Prison Restitution Sanctions

“Some Evidence” of Loss, Not Contemporaneous Dollar Proof, Satisfies Due Process for Prison Restitution Sanctions

Date: Jul 16, 2025
“Some Evidence” of Loss, Not Contemporaneous Dollar Proof, Satisfies Due Process for Prison Restitution Sanctions Introduction In Malcolm Wilson v. Angelita Castaneda, No. 22-3068 (7th Cir. July 15,...
State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a

State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a

Date: Jul 16, 2025
State v. Raymond: Experience-Based “General Education” Expert Testimony on Domestic-Violence Dynamics Is Admissible Without Daubert Factor Analysis Under RSA 516:29-a Introduction In State v....
Eleventh Circuit Upholds Continuing Ancillary Jurisdiction to Enforce Restitution After Probation – A Commentary on United States v. Mikel Mims (2025)

Eleventh Circuit Upholds Continuing Ancillary Jurisdiction to Enforce Restitution After Probation – A Commentary on United States v. Mikel Mims (2025)

Date: Jul 16, 2025
Continuing Ancillary Jurisdiction to Enforce Restitution Orders After Completion of Probation: United States v. Mikel Mims (11th Cir. 2025) 1. Introduction In United States v. Mikel Mims, the...
When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis

When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis

Date: Jul 16, 2025
When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis Introduction United States v....

      No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the
      “High-Probability” Threshold for Reckless Design:
      A Commentary on Anthony Leslie v. Daimler Trucks North America LLC

No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: A Commentary on Anthony Leslie v. Daimler Trucks North America LLC

Date: Jul 16, 2025
No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: Commentary on Anthony Leslie v. Daimler Trucks North America LLC 1. Introduction In...
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...
No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs

No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs

Date: Jul 16, 2025
No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs Introduction In American Wild Horse...
Speculation Is Not Prejudice: Seventh Circuit Clarifies Prejudice Review and Practical Limits on Recruiting Counsel in Prisoner Medical-Care Trials

Speculation Is Not Prejudice: Seventh Circuit Clarifies Prejudice Review and Practical Limits on Recruiting Counsel in Prisoner Medical-Care Trials

Date: Jul 16, 2025
Speculation Is Not Prejudice: Seventh Circuit Clarifies Prejudice Review and Practical Limits on Recruiting Counsel in Prisoner Medical-Care Trials Case: Armin Wand, III v. Beckey Kramer Court:...
Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Date: Jul 16, 2025
Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards Introduction In E.H. Turf Supply Co., Inc. d/b/a Allen’s Seed...
Tug Master’s Non-Delegable Duty to Verify Tow Clearance: A Comment on Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal (11th Cir. 2025)

Tug Master’s Non-Delegable Duty to Verify Tow Clearance: A Comment on Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal (11th Cir. 2025)

Date: Jul 16, 2025
Tug Master’s Non-Delegable Duty to Verify Tow Clearance before Passing Fixed Obstructions Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal, 24-13009 (11th Cir. July 15 2025) 1....
No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs

No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs

Date: Jul 16, 2025
No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs Introduction In Friends of Animals v. Raby, the U.S. Court of Appeals...

        “Clear and Unmistakable Waiver” Required:  Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025
“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...
“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege

“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege

Date: Jul 16, 2025
“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege Introduction In Pen American Center, Inc. v. Escambia County School...
Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Date: Jul 16, 2025
Clark v. Department of Rehabilitation & Correction (2025-Ohio-2473): Ohio Supreme Court Reaffirms the State’s Non-Delegable Duty to Retrieve and Produce Public Records Held by Private Prison...
Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver

Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver

Date: Jul 16, 2025
Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver...
Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility

Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility

Date: Jul 16, 2025
Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility Introduction...
Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Date: Jul 16, 2025
Gray v. Birchfield & Koch Foods: The Eleventh Circuit Confirms that More Than One “Prevailing Party” May Exist When a Single Plaintiff Sues Multiple Defendants 1. Introduction Ka’Toria Gray, a nurse...
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

Date: Jul 16, 2025
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island 1. Introduction Case: State v. Andrew Mangru, Nos....
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Date: Jul 15, 2025
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2) Case: Michigan Republican Party and Republican National Committee v. Donahue, Kim, and Kaake (Genesee...

        United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

Date: Jul 15, 2025
United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations Introduction In United States v....
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