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reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

Date: Jul 15, 2025
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges Introduction United States v. Sidney Rashard Collins,...
Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Date: Jul 15, 2025
Hernandez v. Sheriff of Manatee County, Florida Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or...
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

Date: Jul 15, 2025
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification by the Eleventh Circuit 1. Introduction In Deon Johnston v. Deputy Sean M. Carlson, the United...
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Date: Jul 15, 2025
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act Introduction Angela Gilder-Lucas, a supervisor of education at a federal prison in...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

Date: Jul 15, 2025
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo 1. Introduction The First Circuit’s decision in United States v. Garcia-Oquendo...
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

Date: Jul 15, 2025
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases Goncalves Leao v. Bondi, No. 24-1239 (1st Cir. July 14,...
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Date: Jul 15, 2025
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act Introduction In Rachael M. Gorecki v. Commissioner, Social Security Administration, No. 23-13863 (11th Cir....
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

Date: Jul 15, 2025
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance 1. Introduction James E. McNair v. K. Johnson,...
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Date: Jul 15, 2025
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements 1. Introduction In Calvin David Fox v. Robin R. Weiner, No. 24-10423...
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

Date: Jul 15, 2025
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors 1. Introduction United States v. Patrick Joseph, No. 24-10700...
“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025)

“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025)

Date: Jul 15, 2025
“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025) Introduction State v. Moore, decided by the...
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

Date: Jul 15, 2025
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality Introduction The case of Michigan Republican Party & Republican...
From Automatic Discharge to Due-Process Balancing:  Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

Date: Jul 15, 2025
From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico Introduction Aragon v. Martinez, consolidated with...
State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b)

State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b)

Date: Jul 15, 2025
State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b) Introduction State v. Olayinka Alege,...
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

Date: Jul 15, 2025
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025) Introduction Johnson v. State, No. 320, 2024 (Del. July 14, 2025) tackles a...
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

Date: Jul 13, 2025
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees 1. Introduction In In the Matter of the...
Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Date: Jul 13, 2025
Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception Commentary on Aleksandra Veljovic v. TD Bank, N.A., 2025 VT 38 (Vt. July 11, 2025) 1....
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

Date: Jul 13, 2025
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont 1. Introduction Allen Pigeon v. Hazen Stone and numerous State defendants presented the...
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