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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Nexus, Particular Social Groups, and Government Acquiescence in Gang‑Related Claims: Commentary on Jose Antonio Silva del Aguila v. Bondi

Nexus, Particular Social Groups, and Government Acquiescence in Gang‑Related Claims: Commentary on Jose Antonio Silva del Aguila v. Bondi

Date: Dec 19, 2025
Nexus, Particular Social Groups, and Government Acquiescence in Gang‑Related Claims: Commentary on Jose Antonio Silva del Aguila v. Bondi I. Introduction This Sixth Circuit immigration decision, Jose...
Talk Therapy as Protected Speech: The Sixth Circuit Subjects Conversion-Therapy Bans to Strict Scrutiny in Catholic Charities of Jackson v. Whitmer

Talk Therapy as Protected Speech: The Sixth Circuit Subjects Conversion-Therapy Bans to Strict Scrutiny in Catholic Charities of Jackson v. Whitmer

Date: Dec 19, 2025
Talk Therapy as Protected Speech: The Sixth Circuit Subjects Conversion-Therapy Bans to Strict Scrutiny in Catholic Charities of Jackson v. Whitmer I. Introduction In Catholic Charities of Jackson,...
Subordination as the Constitutional Safeguard: The Sixth Circuit’s Framework for Private Non‑Delegation and Conditional Preemption in State of Oklahoma v. United States

Subordination as the Constitutional Safeguard: The Sixth Circuit’s Framework for Private Non‑Delegation and Conditional Preemption in State of Oklahoma v. United States

Date: Dec 19, 2025
Subordination as the Constitutional Safeguard: The Sixth Circuit’s Framework for Private Non‑Delegation and Conditional Preemption in State of Oklahoma v. United States I. Introduction In State of...
Poynter v. Bennett: Customary Failure to Classify Violent Inmates as a Basis for Fourteenth Amendment and Monell Liability

Poynter v. Bennett: Customary Failure to Classify Violent Inmates as a Basis for Fourteenth Amendment and Monell Liability

Date: Dec 19, 2025
Poynter v. Bennett: Customary Failure to Classify Violent Inmates as a Basis for Fourteenth Amendment and Monell Liability I. Introduction In Luther Poynter v. Aaron Bennett, No. 25-5188 (6th Cir....
Fixed Sit–Stand Breaks as Facially Unreasonable ADA Accommodations in Fast‑Paced, Multitask Positions: Commentary on Bowles v. SSRG II, LLC

Fixed Sit–Stand Breaks as Facially Unreasonable ADA Accommodations in Fast‑Paced, Multitask Positions: Commentary on Bowles v. SSRG II, LLC

Date: Dec 19, 2025
Fixed Sit–Stand Breaks as Facially Unreasonable ADA Accommodations in Fast‑Paced, Multitask Positions: Commentary on Bowles v. SSRG II, LLC (6th Cir. 2025) I. Introduction In Bowles v. SSRG II, LLC,...
When Public Streets Become Part of a Private Ticketed Event: The Sixth Circuit’s Forum and Trespass Framework in Blankenship v. Louisville-Jefferson County Metro Government

When Public Streets Become Part of a Private Ticketed Event: The Sixth Circuit’s Forum and Trespass Framework in Blankenship v. Louisville-Jefferson County Metro Government

Date: Dec 19, 2025
When Public Streets Become Part of a Private Ticketed Event: The Sixth Circuit’s Forum and Trespass Framework in Blankenship v. Louisville‑Jefferson County Metro Government I. Introduction In Jacob...
Clarifying Tennessee’s “Material Connection” Requirement for Contractual Choice-of-Law Clauses: Commentary on Jorge Andujar v. Hub Group Trucking, Inc.

Clarifying Tennessee’s “Material Connection” Requirement for Contractual Choice-of-Law Clauses: Commentary on Jorge Andujar v. Hub Group Trucking, Inc.

Date: Dec 19, 2025
Clarifying Tennessee’s “Material Connection” Requirement for Contractual Choice-of-Law Clauses: Commentary on Jorge Andujar v. Hub Group Trucking, Inc. I. Introduction The Sixth Circuit’s published...
Article III Standing and Constitutional Protection of Interest on Custodial Unclaimed Property: Commentary on Hendershot v. Stanton

Article III Standing and Constitutional Protection of Interest on Custodial Unclaimed Property: Commentary on Hendershot v. Stanton

Date: Dec 19, 2025
Article III Standing and Constitutional Protection of Interest on Custodial Unclaimed Property: Commentary on Hendershot v. Stanton (6th Cir. 2025) I. Introduction Brigitte Hendershot v. Terry...
Targeting the Federal Consent Scheme: The Sixth Circuit on Conflict Preemption under the Interstate Horseracing Act

Targeting the Federal Consent Scheme: The Sixth Circuit on Conflict Preemption under the Interstate Horseracing Act

Date: Dec 19, 2025
Targeting the Federal Consent Scheme: The Sixth Circuit on Conflict Preemption under the Interstate Horseracing Act I. Introduction The Sixth Circuit’s decision in Churchill Downs Technology...
United States v. Santos: Officer‑Safety Questioning and Frisk of a Passenger’s Bag as “Negligibly Burdensome Precautions” During a Traffic Stop

United States v. Santos: Officer‑Safety Questioning and Frisk of a Passenger’s Bag as “Negligibly Burdensome Precautions” During a Traffic Stop

Date: Dec 19, 2025
United States v. Adam Daniel‑DeJesus Santos: Officer‑Safety Questioning and Frisk of a Passenger’s Cross‑Body Bag as “Negligibly Burdensome Precautions” During a Traffic Stop I. Introduction In...
Herrera v. Bondi: APA-Based Bar on Reviewing BIA’s Sua Sponte Reopening and Strict Enforcement of Exhaustion for Numerical Bars

Herrera v. Bondi: APA-Based Bar on Reviewing BIA’s Sua Sponte Reopening and Strict Enforcement of Exhaustion for Numerical Bars

Date: Dec 19, 2025
Herrera v. Bondi: APA-Based Bar on Reviewing BIA’s Sua Sponte Reopening and Strict Enforcement of Exhaustion for Numerical Bars I. Introduction The Sixth Circuit’s decision in Dominga Sanik Herrera...
United States v. Escobar‑Temal: Defining “the People” and Disarming the Unregulable Under the Second Amendment

United States v. Escobar‑Temal: Defining “the People” and Disarming the Unregulable Under the Second Amendment

Date: Dec 19, 2025
United States v. Escobar‑Temal: Defining “the People” and Disarming the Unregulable Under the Second Amendment I. Introduction In United States v. Milder Escobar‑Temal, No. 24‑5668 (6th Cir. Dec. 15,...
Actual Concealment, Not Mere Abandonment: The Meaning of “Conceal” in Connecticut’s Evidence Tampering Statute After State v. Bolden

Actual Concealment, Not Mere Abandonment: The Meaning of “Conceal” in Connecticut’s Evidence Tampering Statute After State v. Bolden

Date: Dec 19, 2025
Actual Concealment, Not Mere Abandonment: The Meaning of “Conceal” in Connecticut’s Evidence Tampering Statute After State v. Bolden I. Introduction In State v. Bolden, SC 21063 (officially released...
United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases

United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases

Date: Dec 18, 2025
United States v. Hayman: Plain Error, Sentencing Explanations, and Intellectual Disability in Murder-for-Hire Cases I. Introduction The Tenth Circuit’s unpublished decision in United States v....
Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County

Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County

Date: Dec 18, 2025
Pleading the “Official Duties” Element in Public-Employee Speech Cases: Commentary on Von Busch v. Board of County Commissioners for Geary County 1. Introduction This commentary examines the Tenth...
Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025)

Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025)

Date: Dec 18, 2025
Claim‑Specific Waiver of Arbitrability in FINRA Industry Disputes: Commentary on Waked v. Kerr (10th Cir. 2025) I. Introduction The Tenth Circuit’s nonprecedential order and judgment in Waked v....
When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025)

When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025)

Date: Dec 18, 2025
When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025) I. Introduction The Second Circuit’s decision in VDARE...
Predominance, Location, and Statutory Damages in BIPA Class Actions: The Seventh Circuit’s Framework in Svoboda v. Amazon

Predominance, Location, and Statutory Damages in BIPA Class Actions: The Seventh Circuit’s Framework in Svoboda v. Amazon

Date: Dec 18, 2025
Predominance, Location, and Statutory Damages in BIPA Class Actions: The Seventh Circuit’s Framework in Svoboda v. Amazon I. Introduction The Seventh Circuit’s decision in Tanya N. Svoboda &...
United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Permissible Use of Force in Terry Stops

United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Permissible Use of Force in Terry Stops

Date: Dec 18, 2025
United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Permissible Use of Force in Terry Stops I. Introduction In United States v. Jackie Edwards, Nos. 21‑3114...
United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Limits of Force in Terry Stops

United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Limits of Force in Terry Stops

Date: Dec 18, 2025
United States v. Edwards: Illinois Voluntary Manslaughter as an ACCA “Violent Felony” and the Limits of Force in Terry Stops I. Introduction In United States v. Jackie Edwards, Nos. 21-3114 & 21-3094...
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