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  • Commentaries
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new-precedent-on... Case Commentaries


      Attorney Admissions and the Foregone-Conclusion Doctrine in Grand Jury
      Subpoenas: Commentary on In re Grand Jury Subpoena Dated May 29, 2025
      (2d Cir.)

Attorney Admissions and the Foregone-Conclusion Doctrine in Grand Jury Subpoenas: Commentary on In re Grand Jury Subpoena Dated May 29, 2025 (2d Cir.)

Date: Dec 17, 2025
Attorney Admissions and the Foregone-Conclusion Doctrine in Grand Jury Subpoenas: Commentary on In re Grand Jury Subpoena Dated May 29, 2025 (2d Cir.) I. Introduction This commentary analyzes the...
Qu v. Bondi and the High Bar for Untimely Motions to Reopen Based on Changed Country Conditions and Unauthenticated Evidence

Qu v. Bondi and the High Bar for Untimely Motions to Reopen Based on Changed Country Conditions and Unauthenticated Evidence

Date: Dec 17, 2025
Qu v. Bondi and the High Bar for Untimely Motions to Reopen Based on Changed Country Conditions and Unauthenticated Evidence I. Introduction The Second Circuit’s summary order in Qu v. Bondi, No....
Prompt Remedial Action, RFRA, and Qualified Immunity: Commentary on Obie v. CFTC

Prompt Remedial Action, RFRA, and Qualified Immunity: Commentary on Obie v. CFTC

Date: Dec 17, 2025
Prompt Remedial Action, RFRA, and Qualified Immunity: Commentary on Obie v. Commodity Futures Trading Commission Court: U.S. Court of Appeals for the Second Circuit Docket No.: 24-2436-cv Date:...
Disclosing Minimum Commitment Contracts and Inventory Risks in Securities Litigation: Commentary on In re Mobileye Global Securities Litigation (2d Cir. 2025)

Disclosing Minimum Commitment Contracts and Inventory Risks in Securities Litigation: Commentary on In re Mobileye Global Securities Litigation (2d Cir. 2025)

Date: Dec 17, 2025
Disclosing Minimum Commitment Contracts and Inventory Risks in Securities Litigation: Commentary on In re Mobileye Global Securities Litigation (2d Cir. 2025) I. Introduction This commentary analyzes...
Reaffirming the Professional Judgment and Retaliation Standards for Civilly Committed Detainees: Commentary on Hall v. Valere

Reaffirming the Professional Judgment and Retaliation Standards for Civilly Committed Detainees: Commentary on Hall v. Valere

Date: Dec 17, 2025
Reaffirming the Professional Judgment and Retaliation Standards for Civilly Committed Detainees: Commentary on Hall v. Valere I. Introduction This commentary examines the Eleventh Circuit’s...
Bailey v. Fulton County School District: Eleventh Circuit Reaffirms Burlington Retaliation Standard Post‑Muldrow and Limits Mixed‑Motive Title VII Claims

Bailey v. Fulton County School District: Eleventh Circuit Reaffirms Burlington Retaliation Standard Post‑Muldrow and Limits Mixed‑Motive Title VII Claims

Date: Dec 17, 2025
Bailey v. Fulton County School District: Eleventh Circuit Reaffirms Burlington Retaliation Standard Post‑Muldrow and Limits Mixed‑Motive Title VII Claims I. Introduction This commentary analyzes the...
Unobjected PSR Facts, Hostage Inferences, and Upward Variances: A Commentary on United States v. Renaldo Smith (11th Cir.)

Unobjected PSR Facts, Hostage Inferences, and Upward Variances: A Commentary on United States v. Renaldo Smith (11th Cir.)

Date: Dec 17, 2025
Unobjected PSR Facts, Hostage Inferences, and Upward Variances: A Commentary on United States v. Renaldo Smith (11th Cir.) I. Introduction The Eleventh Circuit’s unpublished per curiam decision in...
Material Prejudice and Proof of Coverage Gaps in Wireless Tower Zoning: Commentary on Whittier Communications, Inc. v. Town of Wakefield

Material Prejudice and Proof of Coverage Gaps in Wireless Tower Zoning: Commentary on Whittier Communications, Inc. v. Town of Wakefield

Date: Dec 16, 2025
Material Prejudice and Proof of Coverage Gaps in Wireless Tower Zoning: Commentary on Whittier Communications, Inc. v. Town of Wakefield I. Introduction This commentary analyzes the Supreme Court of...
Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025)

Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025)

Date: Dec 16, 2025
Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025) I. Introduction In Barnes v. United States, No. 24-830...
Reaffirming Loughrin: No Bank Fraud Under § 1344(2) Absent a Misrepresentation to a Bank

Reaffirming Loughrin: No Bank Fraud Under § 1344(2) Absent a Misrepresentation to a Bank

Date: Dec 16, 2025
Reaffirming Loughrin: No Bank Fraud Under 18 U.S.C. § 1344(2) Absent a Misrepresentation to a Bank Introduction This commentary analyzes the Seventh Circuit’s decision in United States v. Tonya...
United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank

United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank

Date: Dec 16, 2025
United States v. Robinson & Smith: No Bank Fraud Under § 1344(2) Without a False Statement Reaching the Bank Introduction This Seventh Circuit decision, United States v. Tonya Robinson & Albert Smith...
Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections

Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections

Date: Dec 16, 2025
Selective COVID-Era Execution Moratoria and Equal Protection: Commentary on Humphreys v. Commissioner, Georgia Department of Corrections I. Introduction This commentary analyzes the Eleventh...
Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes

Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes

Date: Dec 16, 2025
Certification Before Preemption: The Eleventh Circuit’s Federalism-First Approach to Alabama’s SB1 Absentee-Assistance Crimes I. Introduction In Alabama State Conference of the NAACP v. Attorney...
Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief

Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief

Date: Dec 16, 2025
Williams v. Shapiro: Eleventh Circuit Adopts the Effective Vindication Doctrine and Invalidates ERISA Arbitration Clauses that Bar Plan‑Wide Relief Note: This commentary is for educational and...
Refusing to Decide as Abuse of Discretion: Hale & Ringen v. City of Laramie and the Duty to Adjudicate Rule 60(b) Motions to Modify Injunctions

Refusing to Decide as Abuse of Discretion: Hale & Ringen v. City of Laramie and the Duty to Adjudicate Rule 60(b) Motions to Modify Injunctions

Date: Dec 16, 2025
Refusing to Decide as Abuse of Discretion: Hale & Ringen v. City of Laramie and the Duty to Adjudicate Rule 60(b) Motions to Modify Injunctions I. Introduction In Timothy Hale and Sonja Ringen v....
De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection

De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection

Date: Dec 16, 2025
De Facto Arrests and Stationhouse Transports: Swanson v. State and the Limits of Terry Stops for Evidence Collection I. Introduction In Swanson v. State, decided on December 15, 2025, the Delaware...
Dilution and Diversion Claims "Travel" with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims — Commentary on The Yosaki Trust v. Weber (Del. 2025)

Dilution and Diversion Claims "Travel" with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims — Commentary on The Yosaki Trust v. Weber (Del. 2025)

Date: Dec 16, 2025
Dilution and Diversion Claims “Travel” with Securities: Standing Lost Upon Sale Even for Direct Fiduciary Claims Commentary on The Yosaki Trust v. Teresa S. Weber, No. 157, 2025 (Del. Supr. Dec. 15,...
Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: Commentary on Turner v. Brewer

Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: Commentary on Turner v. Brewer

Date: Dec 16, 2025
Strict Limits on Interlocutory Appeals from Caremark Demand‑Futility Rulings: A Commentary on John M. Turner, Jr. v. Katherine Richards Brewer I. Introduction This commentary examines the Delaware...
Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025)

Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025)

Date: Dec 16, 2025
Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...
Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit

Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit

Date: Dec 16, 2025
Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit 1. Introduction In Chalmers v. National Collegiate Athletic Association, No. 25‑1307‑cv (2d Cir. Dec....
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