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. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity

Date: Dec 26, 2025

United States v. Cole: Juvenile Sexual Misconduct as “Crimes” Under Federal Rule of Evidence 414 and the Limits of the Rule of Lenity I. Introduction The Tenth Circuit’s published decision in United...

Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage

Date: Dec 26, 2025

Brown v. Flowers and ACCO: Sexual Abuse by Jailers as Outside the “Scope of Duties” in Oklahoma Governmental Self‑Insurance Coverage I. Introduction In Brown v. Flowers, No. 25‑7009 (10th Cir. Dec....

Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit

Date: Dec 26, 2025

Lancaster v. Cartmell and the End of § 1983 Enforcement of Medicaid’s “Reasonable Promptness” Provision in the Tenth Circuit I. Introduction In Lancaster v. Cartmell, No. 25‑6000 (10th Cir. Dec. 23,...

Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham

Date: Dec 26, 2025

Waiting Periods, Commercial Sale Regulations, and En Banc Review: The Tenth Circuit’s Fractured Second Amendment Doctrine in Ortega v. Lujan Grisham I. Introduction The order in Ortega v. Lujan...

Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period

Date: Dec 26, 2025

Smith v. Sheriff’s Office: Unserved Federal Defendants Do Not Trigger the 60‑Day Civil Appeal Period I. Introduction In Smith v. Sheriff’s Office, No. 25‑1076 (10th Cir. Dec. 22, 2025), the United...

“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Co. and FRSA § 20109(b)(1)(B)

Date: Dec 26, 2025

“Refusal to Work” Means Non‑Performance, Not Safer Performance: Commentary on Berberich v. Kansas City Southern Railway Company and FRSA § 20109(b)(1)(B) I. Introduction In Berberich v. Kansas City...

A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025)

Date: Dec 26, 2025

A Defendant’s Post-Plea Sentencing Misunderstanding Does Not Invalidate a Knowing and Voluntary Appeal Waiver: Commentary on United States v. Goers (10th Cir. 2025) I. Introduction This commentary...

Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts

Date: Dec 26, 2025

Standard Insurances v. IRS: Collateral Attacks on Tax Deficiencies Barred by the Anti-Injunction and Declaratory Judgment Acts I. Introduction In Standard Insurances v. IRS, No. 24-4094 (10th Cir....

Citizen Flagpoles, Government Speech, and Viewpoint Discrimination: The First Circuit’s Application of Shurtleff in Scaer v. City of Nashua

Date: Dec 26, 2025

Citizen Flagpoles, Government Speech, and Viewpoint Discrimination: The First Circuit’s Application of Shurtleff in Scaer v. City of Nashua Introduction In Scaer v. City of Nashua, No. 25‑1356 (1st...

Ramos-Hernandez v. Bondi: Limits on Economic-Status and Family-Based Particular Social Groups in Extortion-Based Asylum Claims

Date: Dec 26, 2025

Ramos-Hernandez v. Bondi: Limits on Economic-Status and Family-Based Particular Social Groups in Extortion-Based Asylum Claims I. Introduction A. The Case in Context In Ramos-Hernandez v. Bondi, No....

Life-With-Parole Modifications for Juvenile Offenders as “New Judgments” Under AEDPA: Commentary on Donovan v. Massachusetts Parole Board

Date: Dec 26, 2025

Life-With-Parole Modifications for Juvenile Offenders as “New Judgments” Under AEDPA: Commentary on Donovan v. Massachusetts Parole Board I. Introduction The First Circuit’s decision in Donovan v....

Contextual Extortion: United States v. Díaz-Colón and the Scope of Threats under 18 U.S.C. § 875(d) and the Hobbs Act

Date: Dec 26, 2025

Contextual Extortion: United States v. Díaz-Colón and the Scope of Threats under 18 U.S.C. § 875(d) and the Hobbs Act I. Introduction The First Circuit’s decision in United States v. Díaz-Colón, No....

Substance Over Corporate Form: The Second Circuit Holds that Employer-Imposed Incorporation Cannot Defeat the FAA § 1 Transportation Worker Exemption

Date: Dec 26, 2025

Substance Over Corporate Form: The Second Circuit Holds that Employer-Imposed Incorporation Cannot Defeat the FAA § 1 Transportation Worker Exemption I. Introduction In Silva v. Schmidt Baking...

State Custody, Not Admission Status: The Second Circuit’s Control-and-Dependency Test for Due Process Duties to Voluntarily Committed Residents

Date: Dec 26, 2025

State Custody, Not Admission Status: The Second Circuit’s Control-and-Dependency Test for Substantive Due Process Duties to Voluntarily Committed Residents Commentary on J.M. v. Sessions, No....

South Dakota Refines Economic Duress and Clarifies Fiduciary Duties in Manager‑Managed LLCs: Commentary on Trigger Energy Holdings v. Stevens

Date: Dec 26, 2025

South Dakota Refines Economic Duress and Clarifies Fiduciary Duties in Manager‑Managed LLCs: Commentary on Trigger Energy Holdings, LLC v. Stevens, 2025 S.D. 72 I. Introduction In Trigger Energy...

State v. Biteler and the Meaning of “Report” Under SDCL 22‑11‑9(3) in a Digital Monitoring Era

Date: Dec 26, 2025

State v. Biteler and the Meaning of “Report” Under SDCL 22‑11‑9(3) in a Digital Monitoring Era I. Introduction In State v. Biteler, 2025 S.D. 73, the Supreme Court of South Dakota addressed a modern...

Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons)

Date: Dec 26, 2025

Uniform State Sentencing Caps and Municipal Home-Rule: Operational Preemption in People v. Michelle (Camp & Simons) I. Introduction The Colorado Supreme Court’s decision in People v. Michelle, 2025...

Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado

Date: Dec 26, 2025

Rebutting the Body‑Worn Camera Presumption: People v. Havens and the Limits of Discovery Sanctions in Colorado I. Introduction People v. Havens, 2025 CO 65, is a significant Colorado Supreme Court...

Lane v. Stericycle: Salary-History Defenses and Temporal Pay Disparities under the Equal Pay Act and Title VII

Date: Dec 25, 2025

Lane v. Stericycle: Salary-History Defenses and Temporal Pay Disparities under the Equal Pay Act and Title VII I. Introduction The Seventh Circuit’s decision in Cheryl Lane & Adrienne Hause v....

Attempted Child Exploitation via Intermediaries under 18 U.S.C. § 2251(a): Commentary on United States v. Carpenter (7th Cir. 2025)

Date: Dec 25, 2025

Attempted Child Exploitation via Intermediaries under 18 U.S.C. § 2251(a): Commentary on United States v. Carpenter (7th Cir. 2025) I. Introduction The Seventh Circuit’s decision in United States v....

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