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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries


    People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, 
    and Strategic Nonuse of Alibi Evidence in New York Homicide Cases

People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases

Date: Dec 8, 2025
People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases 1. Introduction The Appellate Division,...
Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025)

Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025)

Date: Dec 7, 2025
Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025) 1. Introduction This commentary analyzes the Sixth...

        Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1):
        Commentary on United States v. Gary Crawford (6th Cir. 2025)

Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1): Commentary on United States v. Gary Crawford (6th Cir. 2025)

Date: Dec 7, 2025
Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1): Commentary on United States v. Gary Crawford (6th Cir. 2025) I. Introduction This commentary analyzes the...
Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025)

Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025)

Date: Dec 7, 2025
Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025) I. Introduction This commentary analyzes the Sixth Circuit’s published decision...
Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area”

Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area”

Date: Dec 7, 2025
Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area” I. Introduction In Sierra Club v. U.S. Environmental...
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Date: Dec 7, 2025
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act I. Introduction This commentary examines the Tenth Circuit’s decision in...
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

Date: Dec 7, 2025
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025) I. Introduction The Tenth Circuit’s unpublished order...
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

Date: Dec 7, 2025
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture I. Introduction The Second Circuit’s decision in United States v. Ng Chong Hwa...
Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. 2025)

Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. 2025)

Date: Dec 7, 2025
Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025) I. Introduction This...
No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation in Scroggin v. Universal Protection Service

No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation in Scroggin v. Universal Protection Service

Date: Dec 7, 2025
No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation Andrew E. Scroggin v. Universal Protection Service, LLC (d/b/a Allied Universal...

    Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Date: Dec 7, 2025
Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ahmed S. Ismael v. Sheriff Richard Roundtree I. Introduction In Ahmed S. Ismael v....
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Date: Dec 7, 2025
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: A Commentary on Florida Agency for Health Care Administration v. CMS (11th Cir. 2025) I. Introduction This Eleventh...
Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Date: Dec 7, 2025
Optional Employer-Provided Transportation, Tool Time, and Waiting Time Are Not Compensable Under the FLSA When Not Integral and Indispensable: Commentary on Villarino v. Pacesetter Personnel Service,...
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Date: Dec 7, 2025
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025) I. Introduction This commentary examines the United States Court of Appeals for the...
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Date: Dec 7, 2025
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Date: Dec 7, 2025
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General I. Introduction This commentary analyzes the unpublished per curiam...
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Date: Dec 7, 2025
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings Commentary on: Phyllis J. Geyer v. Commissioner of Social Security, No. 24‑11246...

        Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: 
        Commentary on Laura Isham v. Zachary Isham

Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: Commentary on Laura Isham v. Zachary Isham

Date: Dec 7, 2025
Reaffirming the High Threshold for Custody Modification and Limits on Post‑Judgment Relief in Vermont: Commentary on Laura Isham v. Zachary Isham I. Introduction This commentary analyzes the Vermont...
Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse

Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse

Date: Dec 7, 2025
Plain Error, Excited Utterances, and Probation Revocation Discretion in Vermont: Commentary on State v. Cody Morse I. Introduction This commentary analyzes the Vermont Supreme Court’s three-justice...

        State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence

State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence

Date: Dec 6, 2025
State v. Harrington: No Presumption of Vindictive Prosecution from Subsequent Charges and Broad Discretion over Late‑Disclosed Evidence 1. Introduction This commentary analyzes the Vermont Supreme...
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