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retrospective-application-of-prehire-labor-agreements:-laborers&amp Case Commentaries


        Seventh Circuit Clarifies that Public-University Social-Media Comment Threads 
        Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation

Seventh Circuit Clarifies that Public-University Social-Media Comment Threads Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation

Date: Aug 5, 2025
Seventh Circuit Clarifies that Public-University Social-Media Comment Threads Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation Introduction In Madeline Krasno v. Jennifer Mnookin,...

        Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures 
        and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions

Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions

Date: Aug 5, 2025
Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions Introduction In Michael Cokes v. City of...
No Manifest Necessity Without a Real Rule:
            The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in
            Mitchell Green v. Milwaukee County Circuit Court (2025)

No Manifest Necessity Without a Real Rule: The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in Mitchell Green v. Milwaukee County Circuit Court (2025)

Date: Aug 5, 2025
No Manifest Necessity Without a Real Rule: The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in Mitchell Green v. Milwaukee County Circuit Court (2025) 1. Introduction This commentary...
United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5)

United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5)

Date: Aug 5, 2025
United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5) 1. Introduction On 1 August 2025 the United States Court of Appeals for...
“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies

“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies

Date: Aug 5, 2025
“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies Introduction United States v....
“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales

“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales

Date: Aug 5, 2025
“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales 1. Introduction The...
“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

Date: Aug 5, 2025
“Arising-Under Jurisdiction” Extends to Solvent Debtors: Bestwall LLC v. Official Committee of Asbestos Claimants and the Constitutional Scope of Bankruptcy Court Authority Introduction In Bestwall...
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

Date: Aug 5, 2025
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Darrell Austin, Jr. v. Experian Information Solutions, Inc. 1. Introduction The Fourth Circuit’s published decision in Austin v....
Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Date: Aug 5, 2025
Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception Introduction The consolidated appeals in Elizabeth Goldberg v. Skyline Tower...
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Date: Aug 5, 2025
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship A Comprehensive Commentary on Elizabeth Goldberg v. Television Tower, Inc. (4th...
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Date: Aug 5, 2025
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291 Introduction In Skyline Tower Painting, Inc. v. Goldberg, Nos. 24-141 et al. (4th...
“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

Date: Aug 5, 2025
“Dual-Track Appeals & the Residency Presumption” – New Fourth-Circuit Precedent on Reviewing CAFA Remand Orders Introduction In Television Tower, Inc. v. Goldberg, Nos. 24-141/142 & 24-1250/1251,...
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

Date: Aug 5, 2025
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore Introduction In United States v. Keith Rodney Moore, the U.S. Court of...
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Date: Aug 5, 2025
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – ADA Carbon Solutions (Red River) v. Atlas Carbon (10th Cir. 2025) 1. Introduction ADA Carbon Solutions (Red...
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Date: Aug 5, 2025
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups Introduction Amiryan v. Bondi, No. 24-9564 (10th Cir. Aug. 1,...
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Date: Aug 5, 2025
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: United States v. Beck (2025) 1. Introduction United States v. Beck, No. 24-7036, decided by the U.S. Court of...
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

Date: Aug 5, 2025
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions Introduction The Tenth Circuit’s decision in United States v. Clark,...
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

Date: Aug 5, 2025
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes Introduction In United States v. Peshlakai, the Tenth Circuit...
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

Date: Aug 5, 2025
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances Introduction United States v. Shelton, No. 24-6100 (10th Cir. 2025), addresses whether a sentencing court must...
United States v. Summers:  Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

United States v. Summers: Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

Date: Aug 5, 2025
United States v. Summers: The Tenth Circuit’s Refined Standard for Admitting Prior Child-Sex Evidence as “Signature Modus Operandi” Under Rule 404(b) Introduction United States v. Summers,...
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