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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. Knox: No Variance Relief Without Concrete Prejudice and No Appellate Review for Invited Sentencing Errors I. Introduction The Third Circuit’s non-precedential opinion in United...
NVRA Preemption of State Use Restrictions on Voter Data: A Commentary on Voter Reference Foundation v. Torrez (10th Cir. 2025) I. Introduction The Tenth Circuit’s decision in Voter Reference...
The NVRA’s Public Disclosure Provision Preempts State Bans on Online Publication and Use Restrictions on Voter Data Commentary on Voter Reference Foundation, LLC v. Torrez, 10th Cir. (2025) 1....
Actual Innocence as a Gateway Around § 2254 Procedural Bars: Commentary on Julien v. Stancil (10th Cir. 2025) I. Introduction Julien v. Stancil, No. 25-1302 (10th Cir. Nov. 26, 2025), is a...
Equitable Tolling, Motions to Reconsider, and the Limits of Judicial Review of BIA Sua Sponte Authority: Commentary on Carhuamaca‑Vilcahuaman v. Bondi (10th Cir. 2025) I. Introduction This commentary...
Facially Constitutional Use‑of‑Force Policies and Single‑Incident Failure‑to‑Train Liability for Jail Suicide Risks: Commentary on Thao v. Grady County Criminal Justice Authority (10th Cir. 2025) I....
Implied License to Knock and Trespass-Based Terry Stops: A Detailed Commentary on Gonzalez v. Brunnemer (10th Cir. 2025) I. Introduction This commentary analyzes the Tenth Circuit’s unpublished but...
United States v. Honors: Tenth Circuit Limits Custodial No‑Contact Orders and Demands Compelling Justification for Familial Restrictions on Supervised Release I. Introduction In United States v....
United States v. SpineFrontier, Inc.: Limiting Implied Waiver of Corporate Attorney‑Client Privilege When Executives Raise “Involvement‑of‑Counsel” Defenses Introduction This First Circuit decision...
Restrepo Castano v. Bondi: Partial but “Fruitful” State Protection and the “Unwilling or Unable” Standard in Gang-Based Asylum Claims I. Introduction In Restrepo Castano v. Bondi, No. 24‑2117 (1st...
United States v. Tang: Foreseeability and Proof of Firearm Use in Joint Hobbs Act Robberies Under the U.S. Sentencing Guidelines I. Introduction The First Circuit’s decision in United States v. Tang,...
When “Notwithstanding” Controls: Shapiro v. U.S. Social Security Administration and the Priority of Social Security Act § 1306(c) over FOIA’s Fee‑Preclusion Rule I. Introduction In Shapiro v. U.S....
Buller v. Commissioner: The § 6213(a) Deficiency Petition Deadline as a Nonjurisdictional, Equitably Tollable Rule I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir. Nov. 26, 2025) (as...
Reaffirming Mt. Healthy at the Preliminary Injunction Stage: First Amendment Retaliation and Local Permitting in Minocqua Brewing Company LLC v. Hess I. Introduction The Seventh Circuit’s decision in...
The Saving Clause as a Jurisdictional Bar: Seventh Circuit Realigns with National Consensus in Shannon Wayne Agofsky v. Baysore I. Introduction This commentary examines the Seventh Circuit’s decision...
“Enough Truth to Make Investors Second‑Guess”: The Eleventh Circuit’s Flexible Corrective‑Disclosure Standard for Loss Causation in City of Hollywood Police Officers’ Retirement System v. NextEra...
Rejecting “Presidential Tolling” and Weaponized Shotgun Pleadings: The Eleventh Circuit’s Decision in Trump v. Clinton / Habba v. Dolan I. Introduction This consolidated Eleventh Circuit opinion,...
Trump v. Clinton (11th Cir. 2025): No Special Tolling for Sitting Presidents and Robust Sanctions for Abusive Political Litigation I. Introduction This consolidated appeal from the Eleventh Circuit...
Rejecting “Presidential Tolling” and Sanctioning Politicized Shotgun Pleadings: Commentary on Donald J. Trump v. Hillary R. Clinton (11th Cir. 2025) I. Introduction This Eleventh Circuit decision...
No “Presidential Tolling,” Shotgun Pleadings, and Sanctions for Political Litigation: Commentary on Trump v. Clinton (11th Cir. 2025) Introduction This commentary analyzes the Eleventh Circuit’s...