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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

Porter Smith v. MDOC: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act

Porter Smith v. MDOC: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act

Date: Nov 23, 2025
Porter Smith v. Michigan Department of Corrections: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act I. Introduction In Porter Smith v. Michigan...
Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi

Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi

Date: Nov 23, 2025
Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi I. Introduction In Roderico Filadelfo...
Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5)

Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5)

Date: Nov 23, 2025
Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5) I. Introduction In United States v. William Hartson,...
Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard

Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard

Date: Nov 23, 2025
Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard I. Introduction In Cheriese D. Johnson v. Reliance Standard Life Insurance...
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Date: Nov 23, 2025
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: A Commentary on Ailan Zhu v. Attorney General United States of America I. Introduction This commentary examines the...
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

Date: Nov 23, 2025
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions Court: United States Court of Appeals for the Third Circuit Date: November 20, 2025...
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Date: Nov 23, 2025
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios I. Introduction This commentary examines the Third Circuit’s nonprecedential opinion in United...
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Date: Nov 23, 2025
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment I. Introduction Ellsworth v. Dallas TX Department of Veterans Affairs, No. 25‑40183 (5th...
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Date: Nov 23, 2025
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B) I. Introduction The Fifth Circuit’s decision in McLean v. Bondi, No....
Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Date: Nov 23, 2025
Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing I. Introduction The Fifth Circuit’s decision in Stanford v. Brandon Nursing and...
United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection

United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection

Date: Nov 23, 2025
United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection I. Introduction In United States v....
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Date: Nov 23, 2025
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti‑Discrimination Law: A Commentary on Finn v. Humane Society of the United States (4th Cir. 2025) I. Introduction The...
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Date: Nov 23, 2025
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation I. Introduction In Juliana Swink v. Southern Health...
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

Date: Nov 23, 2025
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen I. Introduction This...
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

Date: Nov 23, 2025
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar I. Introduction In United States v. Carlos Demond Robinson, No. 22‑7200...
Jurisdictional Limits of W.R.Cr.P. 41(g) and Sovereign Immunity in Lost-Property Claims: Commentary on Scott Dearold Bressette v. State of Wyoming (2025 WY 125)

Jurisdictional Limits of W.R.Cr.P. 41(g) and Sovereign Immunity in Lost-Property Claims: Commentary on Scott Dearold Bressette v. State of Wyoming (2025 WY 125)

Date: Nov 23, 2025
Jurisdictional Limits of W.R.Cr.P. 41(g) and Sovereign Immunity in Lost-Property Claims: Commentary on Scott Dearold Bressette v. State of Wyoming, 2025 WY 125 I. Introduction In Scott Dearold...
Facial Vagueness, Natural Rights, and the Four‑Vote Rule: Commentary on Access Independent Health Services, Inc. v. Wrigley, 2025 ND 199

Facial Vagueness, Natural Rights, and the Four‑Vote Rule: Commentary on Access Independent Health Services, Inc. v. Wrigley, 2025 ND 199

Date: Nov 23, 2025
Facial Vagueness, Natural Rights, and the Four‑Vote Rule: Commentary on Access Independent Health Services, Inc. v. Wrigley, 2025 ND 199 I. Introduction The North Dakota Supreme Court’s decision in...
Constitutional Limits on Judicial Ethics: Legislative-Testimony Ban, Judicial Speech, and Willful Legal Error in Disciplinary Counsel v. Grendell

Constitutional Limits on Judicial Ethics: Legislative-Testimony Ban, Judicial Speech, and Willful Legal Error in Disciplinary Counsel v. Grendell

Date: Nov 23, 2025
Constitutional Limits on Judicial Ethics: Legislative-Testimony Ban, Judicial Speech, and Willful Legal Error in Disciplinary Counsel v. Grendell, 2025-Ohio-5239 I. Introduction The Supreme Court of...
Reckless Police Pursuits, Emergency Response Immunity, and Dying Declarations after Withdrawal of Life Support: Commentary on Mormann v. City of Manchester

Reckless Police Pursuits, Emergency Response Immunity, and Dying Declarations after Withdrawal of Life Support: Commentary on Mormann v. City of Manchester

Date: Nov 23, 2025
Reckless Police Pursuits, Emergency Response Immunity, and Dying Declarations after Withdrawal of Life Support: Commentary on Mormann v. City of Manchester I. Introduction The Iowa Supreme Court’s...
No Continuing Duty and Filing‑Specific Scrutiny Under Iowa Rule 1.413(1): Commentary on The Law Office of Shawn Shearer v. Iowa District Court for Fremont County

No Continuing Duty and Filing‑Specific Scrutiny Under Iowa Rule 1.413(1): Commentary on The Law Office of Shawn Shearer v. Iowa District Court for Fremont County

Date: Nov 23, 2025
No Continuing Duty and Filing‑Specific Scrutiny Under Iowa Rule 1.413(1): Commentary on The Law Office of Shawn Shearer, P.C. v. Iowa District Court for Fremont County I. Introduction The Iowa...
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