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restricting-general-jurisdiction:-second-circuit& Case Commentaries

“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee v. Rokita

“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee v. Rokita

Date: Aug 6, 2025
“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: The Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee for Freedom of the Press v. Rokita...
United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence

United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence

Date: Aug 6, 2025
United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence Introduction United States v. Kashif Dukes, No. 24-1928 (7th Cir. Aug. 5,...
“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability in Cintron v. Bibeault

“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability in Cintron v. Bibeault

Date: Aug 6, 2025
“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability 1. Introduction Cintron v. Bibeault, No. 22-1716 (1st Cir. Aug. 5 2025), marks the most...
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

Date: Aug 6, 2025
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement 1. Introduction United...
“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

Date: Aug 6, 2025
Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies A Detailed Commentary on United States v. Miller, 23-7699-cr (2d Cir. Aug. 4,...
United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence

United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence

Date: Aug 6, 2025
United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence 1. Introduction United States v. Pierre (2d Cir. 2025) arises from a...
Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi

Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi

Date: Aug 6, 2025
Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi 1. Introduction On 4 August 2025 the United States Court of...
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis

Date: Aug 6, 2025
“Treasury-Centric” Sovereign Immunity: The Third Circuit’s New Emphasis on Financial Impact in Tribal Arm-of-the-Tribe Analysis Introduction In Rashonna Ransom v. GreatPlains Finance LLC, the United...
Badon II – Fifth Circuit Re-affirms Lodestar Integrity and Rejects Per-Se Proportionality Limits on FLSA Attorney-Fee Awards

Badon II – Fifth Circuit Re-affirms Lodestar Integrity and Rejects Per-Se Proportionality Limits on FLSA Attorney-Fee Awards

Date: Aug 6, 2025
Badon II – Fifth Circuit Re-affirms Lodestar Integrity and Rejects Per-Se Proportionality Limits on FLSA Attorney-Fee Awards Introduction Badon v. Berry’s Reliable Resources, L.L.C., No. 23-30345...
Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards – Comment on Hernandez v. Poveda

Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards – Comment on Hernandez v. Poveda

Date: Aug 6, 2025
Beyond the Pleadings: Fifth Circuit Clarifies the Scope of Rule 54(c) and Rule 55(b) in Default-Judgment Awards A Detailed Commentary on Hernandez v. Poveda, No. 24-20492 (5th Cir. Aug. 4, 2025) 1....
“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations (Commentary on Richmond v. Team One Contract Services, L.L.C.)

“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations (Commentary on Richmond v. Team One Contract Services, L.L.C.)

Date: Aug 6, 2025
“Process Over Outcome” – Fifth Circuit Clarifies the Reasonable-Belief Defense in Pregnancy-Discrimination Terminations Introduction Richmond v. Team One Contract Services, L.L.C. (No. 24-40815, 5th...
Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges – Commentary on United States v. Jones (5th Cir. 2025)

Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges – Commentary on United States v. Jones (5th Cir. 2025)

Date: Aug 6, 2025
Collateral-Review Waivers Remain Enforceable Against Post-Davis § 924(c) Challenges Commentary on United States v. Jones, 21-11185 (5th Cir. Aug. 4 2025) Introduction The United States Court of...
United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived

United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived

Date: Aug 6, 2025
United States v. Nyandoro: Fifth Circuit Narrows the “Factual-Insufficiency” Exception and Re-Affirms that Constitutional Challenges Can Be Waived Introduction United States v. Nyandoro, No. 23-10579...
“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B)

“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B)

Date: Aug 6, 2025
“Material Means Material”: The Fifth Circuit Confirms that Voter-ID Number Matching Complies with § 10101(a)(2)(B) 1. Introduction In United States v. Paxton, No. 23-50885 (5th Cir. Aug. 4 2025), the...
United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection

United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection

Date: Aug 6, 2025
United States v. Robertson: The Fifth Circuit Affirms the Mandatory Nature of the Statutory Index in Guideline Selection 1. Introduction Court: U.S. Court of Appeals for the Fifth Circuit Decision...
“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b)

“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b)

Date: Aug 6, 2025
“Relating To” Re-Examined: Fifth Circuit Broadens the Scope of Predicate Sex-Offense Enhancements under 18 U.S.C. § 2252A(b) 1. Introduction Case: United States v. Taylor, No. 24-20303 (5th Cir. Aug....
United States v. Guevara-Lopez: The Tenth Circuit Tightens the
Explanation Duty for Upward Variances and Invites Use of JSIN Statistics
to Police Sentencing Disparities

United States v. Guevara-Lopez: The Tenth Circuit Tightens the Explanation Duty for Upward Variances and Invites Use of JSIN Statistics to Police Sentencing Disparities

Date: Aug 6, 2025
United States v. Guevara-Lopez: A Tenth-Circuit Roadmap for Explaining Major Upward Variances & the Emerging Role of JSIN Data in § 3553(a)(6) Analysis 1. Introduction United States v. Guevara-Lopez,...
Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits

Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits

Date: Aug 6, 2025
Gardner v. Momon: Fourth Circuit Reaffirms Grand-Jury Indictment as Conclusive Proof of Probable Cause in First-Amendment Retaliation & Excessive-Force Suits Introduction The decision in Anthony...
Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII

Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII

Date: Aug 6, 2025
Seabrook v. Driscoll: Heightened Pleading Standards for Temporal Proximity and Comparator Specificity under Title VII 1. Introduction In Dorothy Seabrook v. Daniel P. Driscoll, No. 20-1961 (4th Cir....
“Regular Servicing Status” Clarified:  PACEM Solutions International, LLC v. U.S. Small Business Administration (4th Cir. 2025)

“Regular Servicing Status” Clarified: PACEM Solutions International, LLC v. U.S. Small Business Administration (4th Cir. 2025)

Date: Aug 6, 2025
“Regular Servicing Status” Clarified: PACEM Solutions International, LLC v. U.S. Small Business Administration 1. Introduction The Fourth Circuit’s published decision in PACEM Solutions...
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