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

“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

Date: Aug 5, 2025
“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct Introduction In Jane Roe v. Marshall University Board of...
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Date: Aug 5, 2025
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority 1. Introduction In Jonathan Alexander Colorado Navarro v. Pamela...
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

Date: Aug 5, 2025
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Brandon Chavis & Melissa Beasley, 4th Cir. 2025)...
No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

Date: Aug 5, 2025
No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials 1. Introduction In United States v. Larry Antonio Burleigh, No. 23-6254 (4th...
“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

Date: Aug 5, 2025
“Preservation over Source-Code”: Fourth Circuit Restricts Appellate Review of Probabilistic Genotyping Challenges and Clarifies Indictment-Variance Doctrine Introduction United States v. Melissa...
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

Date: Aug 5, 2025
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal 1. Introduction The unpublished...
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

Date: Aug 5, 2025
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza” 1. Introduction On 31 July 2025, the United States Court of Appeals for the Tenth Circuit...
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

Date: Aug 5, 2025
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (Supreme Court of West Virginia, 2025) I. Introduction State of West Virginia v. Robert I. Brown Jr., Nos. 24-576, 24-578, and 24-579,...
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Date: Aug 5, 2025
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (Supreme Court of New Jersey,...
Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation

Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation

Date: Aug 2, 2025
Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation Introduction In Byron Black v. Frank Strada, the...
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

Date: Aug 2, 2025
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops Introduction United States v. James Russell King, II, No. 24-1089 (6th Cir. 2025) is a...
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Date: Aug 2, 2025
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief Introduction In Louis Chandler v. Mike Brown, No. 23-1270 (6th Cir....
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Date: Aug 2, 2025
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen Introduction In Mike Yoder; Drone Deer Recovery LLC; and...
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

Date: Aug 2, 2025
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes: A Comprehensive Commentary on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025) Introduction The Sixth...
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

Date: Aug 2, 2025
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees Introduction New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor...
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

Date: Aug 2, 2025
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey 1. Introduction In M.R. v. New Jersey Department...
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Date: Aug 2, 2025
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent Introduction In Keith Isaac (deceased) v. Board of Trustees, Police and...
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

Date: Aug 2, 2025
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities Introduction On 30 July 2025 the New Jersey Supreme Court delivered a unanimous opinion in State...
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

Date: Aug 2, 2025
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion Introduction Gomez v. Cameron County, No. 24-40757 (5th Cir. July 30, 2025) is a...
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Date: Aug 2, 2025
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals Introduction Donald Black v. Mantei & Associates, Ltd., No. 24-1439 (4th Cir. Jul....
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