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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

United States v. Hunter: Preserving the “Breach of Trust” Rationale in Supervised Release Revocations After Esteras

United States v. Hunter: Preserving the “Breach of Trust” Rationale in Supervised Release Revocations After Esteras

Date: Dec 28, 2025
United States v. Hunter: Preserving the “Breach of Trust” Rationale in Supervised Release Revocations After Esteras I. Introduction The Sixth Circuit’s decision in United States v. Justice Hunter,...
Macias v. Perry: Reaffirming the “Extremely High” Bar for Pretrial Detainee Mental‑Health Deliberate‑Indifference Claims at the Pleading Stage

Macias v. Perry: Reaffirming the “Extremely High” Bar for Pretrial Detainee Mental‑Health Deliberate‑Indifference Claims at the Pleading Stage

Date: Dec 28, 2025
Macias v. Perry: Reaffirming the “Extremely High” Bar for Pretrial Detainee Mental‑Health Deliberate‑Indifference Claims at the Pleading Stage I. Introduction In Macias v. Perry, No. 25‑40028 (5th...
Campuzano v. Bondi: Safe-Harbor Authentication of Electronic Conviction Records and Categorical “Crime of Child Abuse” for Texas Indecency with a Child by Contact

Campuzano v. Bondi: Safe-Harbor Authentication of Electronic Conviction Records and Categorical “Crime of Child Abuse” for Texas Indecency with a Child by Contact

Date: Dec 28, 2025
Campuzano v. Bondi: Safe-Harbor Authentication of Electronic Conviction Records and Categorical “Crime of Child Abuse” for Texas Indecency with a Child by Contact 1. Introduction In Campuzano v....
Behavioral Regression, ESY Services, and Holistic FAPE: The Fifth Circuit’s Guidance in North East ISD v. I.M.

Behavioral Regression, ESY Services, and Holistic FAPE: The Fifth Circuit’s Guidance in North East ISD v. I.M.

Date: Dec 28, 2025
Behavioral Regression, ESY Services, and Holistic FAPE: The Fifth Circuit’s Guidance in North East ISD v. I.M. I. Introduction The Fifth Circuit’s decision in North East Independent School District...
United States v. Roberts: Tightening Rule 1006 Summary Evidence and Clarifying the Line Between Concealment and Promotional Money Laundering

United States v. Roberts: Tightening Rule 1006 Summary Evidence and Clarifying the Line Between Concealment and Promotional Money Laundering

Date: Dec 28, 2025
United States v. Roberts: Tightening Rule 1006 Summary Evidence and Clarifying the Line Between Concealment and Promotional Money Laundering I. Introduction This consolidated Fifth Circuit decision,...
United States v. McGuire: Tightening Rule 1006 Summary Evidence and Drawing a Sharp Line Between Promotion and Concealment Money Laundering

United States v. McGuire: Tightening Rule 1006 Summary Evidence and Drawing a Sharp Line Between Promotion and Concealment Money Laundering

Date: Dec 28, 2025
United States v. McGuire: Tightening Rule 1006 Summary Evidence and Drawing a Sharp Line Between Promotion and Concealment Money Laundering I. Introduction United States v. McGuire is a significant...
Dean v. Phatak and the Fifth Circuit’s Clarification of Fabrication Claims and Appellate Power in Qualified Immunity Appeals

Dean v. Phatak and the Fifth Circuit’s Clarification of Fabrication Claims and Appellate Power in Qualified Immunity Appeals

Date: Dec 28, 2025
Dean v. Phatak and the Fifth Circuit’s Clarification of Fabrication Claims and Appellate Power in Qualified Immunity Appeals I. Introduction The Fifth Circuit’s opinion in Dean v. Phatak, No....
Suicide‑Prevention Cells and Pretrial Detainee Rights: The Fifth Circuit’s Deferential Standard in Alexander v. Taft

Suicide‑Prevention Cells and Pretrial Detainee Rights: The Fifth Circuit’s Deferential Standard in Alexander v. Taft

Date: Dec 28, 2025
Suicide‑Prevention Cells and Pretrial Detainee Rights: The Fifth Circuit’s Deferential Standard in Alexander v. Taft I. Introduction Alexander v. Taft, No. 24‑10663 (5th Cir. Dec. 23, 2025), is a...
Alvarez v. Guerrero: Limiting “Sleeping Lawyer” Habeas Relief Under AEDPA When Co‑Counsel Is Active

Alvarez v. Guerrero: Limiting “Sleeping Lawyer” Habeas Relief Under AEDPA When Co‑Counsel Is Active

Date: Dec 28, 2025
Alvarez v. Guerrero: Limiting “Sleeping Lawyer” Habeas Relief Under AEDPA When Co‑Counsel Is Active I. Introduction In Alvarez v. Guerrero, No. 18‑70001 (5th Cir. Dec. 23, 2025), the Fifth Circuit...
Reaffirming the Stringent Standard for Withdrawal of Guilty Pleas and Deference to Within-Guidelines Sentences in the Fourth Circuit: Commentary on United States v. Hollis

Reaffirming the Stringent Standard for Withdrawal of Guilty Pleas and Deference to Within-Guidelines Sentences in the Fourth Circuit: Commentary on United States v. Hollis

Date: Dec 28, 2025
Reaffirming the Stringent Standard for Withdrawal of Guilty Pleas and Deference to Within-Guidelines Sentences in the Fourth Circuit: Commentary on United States v. Hollis I. Introduction This...
United States v. Tejan: Reaffirming Forfeiture-by-Wrongdoing, Harmless-Error Review of Miranda Violations, and Post-Verdict Judge Substitution

United States v. Tejan: Reaffirming Forfeiture-by-Wrongdoing, Harmless-Error Review of Miranda Violations, and Post-Verdict Judge Substitution

Date: Dec 28, 2025
United States v. Tejan: Reaffirming Forfeiture-by-Wrongdoing, Harmless-Error Review of Miranda Violations, and Post-Verdict Judge Substitution I. Introduction The unpublished decision in United...
Commentary on Platt v. Mansfield: Student-Specific Speech Limits in School Board Meetings

Commentary on Platt v. Mansfield: Student-Specific Speech Limits in School Board Meetings

Date: Dec 28, 2025
Student-Focused Speech in Limited Public Fora: The Fourth Circuit Upholds School Board Limits in Platt v. Mansfield I. Introduction In Abbie Platt v. Melinda Mansfield, No. 24‑2182 (4th Cir. Dec. 22,...
State-Authorized Municipal Monopolies and Parker Immunity: Commentary on Cherry Grove Beach Gear, LLC v. City of North Myrtle Beach

State-Authorized Municipal Monopolies and Parker Immunity: Commentary on Cherry Grove Beach Gear, LLC v. City of North Myrtle Beach

Date: Dec 28, 2025
State-Authorized Municipal Monopolies and Parker Immunity: Commentary on Cherry Grove Beach Gear, LLC v. City of North Myrtle Beach (4th Cir. 2025) I. Introduction This commentary examines the Fourth...
Clinchfield Coal Co. v. DOWCP: Deference to ALJ Medical-Credibility Findings and Use of the Regulatory Preamble in Mixed-Cause Black Lung Claims

Clinchfield Coal Co. v. DOWCP: Deference to ALJ Medical-Credibility Findings and Use of the Regulatory Preamble in Mixed-Cause Black Lung Claims

Date: Dec 28, 2025
Clinchfield Coal Co. v. DOWCP: Deference to ALJ Medical-Credibility Findings and Use of the Regulatory Preamble in Mixed-Cause Black Lung Claims I. Introduction This unpublished Fourth Circuit...
A Single Erroneous Ground Does Not Invalidate a Nonresponsibility Determination Supported by Other Rational Bases: Commentary on Matter of Kapsch TrafficCom USA, Inc. v. Dominguez

A Single Erroneous Ground Does Not Invalidate a Nonresponsibility Determination Supported by Other Rational Bases: Commentary on Matter of Kapsch TrafficCom USA, Inc. v. Dominguez

Date: Dec 28, 2025
A Single Erroneous Ground Does Not Invalidate a Nonresponsibility Determination Supported by Other Rational Bases: Commentary on Matter of Kapsch TrafficCom USA, Inc. v. Dominguez, 2025 NY Slip Op...
Mental Hygiene Law Article 10, Digital Contraband, and the Best Evidence Rule: Commentary on Matter of State of New York v. Justin Q.

Mental Hygiene Law Article 10, Digital Contraband, and the Best Evidence Rule: Commentary on Matter of State of New York v. Justin Q.

Date: Dec 28, 2025
Mental Hygiene Law Article 10, Digital Contraband, and the Best Evidence Rule: Commentary on Matter of State of New York v. Justin Q. I. Introduction The decision in Matter of State of New York v....
Cota v. Adirondack Medical Center: Detailed Defense Expert Affidavits Required to Establish Lack of Causation in Misdiagnosis and Delayed-Treatment Malpractice Claims

Cota v. Adirondack Medical Center: Detailed Defense Expert Affidavits Required to Establish Lack of Causation in Misdiagnosis and Delayed-Treatment Malpractice Claims

Date: Dec 28, 2025
Cota v. Adirondack Medical Center: Detailed Defense Expert Affidavits Required to Establish Lack of Causation in Misdiagnosis and Delayed-Treatment Malpractice Claims I. Introduction The Appellate...
Every Member Must Qualify: Combined Reporting and Qualified Emerging Technology Companies under New York Tax Law

Every Member Must Qualify: Combined Reporting and Qualified Emerging Technology Companies under New York Tax Law

Date: Dec 28, 2025
Every Member Must Qualify: Combined Reporting and Qualified Emerging Technology Companies under New York Tax Law I. Introduction The Appellate Division, Third Department’s decision in Matter of...
Forensic Child Interviews, Hearsay, and Cross‑Examination Limits in Article 10 Proceedings: Commentary on Matter of Emily RR. (Daniel QQ.)

Forensic Child Interviews, Hearsay, and Cross‑Examination Limits in Article 10 Proceedings: Commentary on Matter of Emily RR. (Daniel QQ.)

Date: Dec 28, 2025
Forensic Child Interviews, Hearsay, and Cross‑Examination Limits in Article 10 Proceedings: Commentary on Matter of Emily RR. (Daniel QQ.) I. Introduction The Appellate Division, Third Department’s...
Matter of Liam DD.: Reinforcing the Drug-Use Presumption of Neglect and Clarifying Appellate Limits for Nonappealing Parents

Matter of Liam DD.: Reinforcing the Drug-Use Presumption of Neglect and Clarifying Appellate Limits for Nonappealing Parents

Date: Dec 28, 2025
Matter of Liam DD.: Reinforcing the Drug-Use Presumption of Neglect and Clarifying Appellate Limits for Nonappealing Parents I. Introduction The Appellate Division, Third Department’s decision in...
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