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

United States v. Karagianis:  The Seventh Circuit Clarifies that Omission of a § 3582(c)(2) Appeal-Waiver During a Rule 11 Colloquy Is Not Plain Error Absent a Showing of Prejudice

United States v. Karagianis: The Seventh Circuit Clarifies that Omission of a § 3582(c)(2) Appeal-Waiver During a Rule 11 Colloquy Is Not Plain Error Absent a Showing of Prejudice

Date: Jul 12, 2025
United States v. Karagianis: The Seventh Circuit Clarifies that Omission of a § 3582(c)(2) Appeal-Waiver During a Rule 11 Colloquy Is Not Plain Error Absent a Showing of Prejudice 1. Introduction...
First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban: Central Maine Power v. Maine Commission on Governmental Ethics (2025)

First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban: Central Maine Power v. Maine Commission on Governmental Ethics (2025)

Date: Jul 12, 2025
First Circuit Invalidates Maine’s “5% Foreign-Ownership” Election-Spending Ban Central Maine Power Co. v. Maine Commission on Governmental Ethics & Election Practices, No. 24-1265 (1st Cir. 2025) 1....

        Clarifying Objections to Magistrate Reports and Pleading Requirements under N.Y. GBL § 399-p:
        A Commentary on Oparaji v. Home Retention Corp. (2d Cir. 2025)

Clarifying Objections to Magistrate Reports and Pleading Requirements under N.Y. GBL § 399-p: A Commentary on Oparaji v. Home Retention Corp. (2d Cir. 2025)

Date: Jul 12, 2025
Clarifying Objections to Magistrate Reports and Pleading Requirements under N.Y. GBL § 399-p: A Commentary on Oparaji v. Home Retention Corp., 24-1444-cv (2d Cir. July 10, 2025) I. Introduction...
Predicate Exception Re-Defined: Second Circuit Affirms State Gun-Specific Public Nuisance Statute under PLCAA — Comment on National Shooting Sports Foundation, Inc. v. James (2025)

Predicate Exception Re-Defined: Second Circuit Affirms State Gun-Specific Public Nuisance Statute under PLCAA — Comment on National Shooting Sports Foundation, Inc. v. James (2025)

Date: Jul 12, 2025
Predicate Exception Re-Defined: Second Circuit Affirms State Gun-Specific Public Nuisance Statute under PLCAA Commentary on National Shooting Sports Foundation, Inc. v. James, 90 F.4th ___ (2d Cir....
Second Circuit Clarifies the “Offense-Guideline Exception” to the Official-Victim Enhancement – Commentary on United States v. Cooke (2025)

Second Circuit Clarifies the “Offense-Guideline Exception” to the Official-Victim Enhancement – Commentary on United States v. Cooke (2025)

Date: Jul 12, 2025
Second Circuit Clarifies the “Offense-Guideline Exception” to the Official-Victim Enhancement – Commentary on United States v. Cooke (2025) I. Introduction In United States v. Cooke, No. 24-1967 (2d...
United States v. Thompson: Clarifying the Individualized-Assessment Requirement and Affirming Broad Electronic-Search Conditions on Supervised Release

United States v. Thompson: Clarifying the Individualized-Assessment Requirement and Affirming Broad Electronic-Search Conditions on Supervised Release

Date: Jul 12, 2025
United States v. Thompson: Clarifying the Individualized-Assessment Requirement and Affirming Broad Electronic-Search Conditions on Supervised Release 1. Introduction In United States v. Thompson,...
Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test

Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test

Date: Jul 12, 2025
Johnson v. Spalding County: The Eleventh Circuit Tightens the Double-Hearsay Gate at Summary Judgment and Re-affirms that a “Convincing Mosaic” Is Not a Separate Test Introduction Happy Johnson, the...
Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed

Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed

Date: Jul 12, 2025
Breedlove v. Christian: No Per-Se Bad-Faith Presumption for Police Body-Cam Spoliation & Early Qualified-Immunity Dismissals Reaffirmed Introduction On 13 March 2021 the Clayton County Police...
Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) – Commentary on Mizell v. Wells Fargo Bank, N.A.

Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) – Commentary on Mizell v. Wells Fargo Bank, N.A.

Date: Jul 12, 2025
Eleventh Circuit Clarifies that Alabama Wrongful-Foreclosure Claims Do Not Require Mortgagees to Produce the Original Note (“Show-Me-the-Note”) Haywood Jackson Mizell v. Wells Fargo Bank, N.A. 1....
Unwritten Qualification Thresholds as Evidence of Pretext: Commentary on Scott v. Macon-Bibb County (11th Cir. 2025)

Unwritten Qualification Thresholds as Evidence of Pretext: Commentary on Scott v. Macon-Bibb County (11th Cir. 2025)

Date: Jul 12, 2025
Unwritten Qualification Thresholds as Evidence of Pretext: A Comprehensive Commentary on Scott v. Macon-Bibb County, Georgia (11th Cir. 2025) Introduction In Scott v. Macon-Bibb County, Georgia, No....
United States v. Pettway: Re-entrenching § 922(g)(1) after Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References

United States v. Pettway: Re-entrenching § 922(g)(1) after Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References

Date: Jul 12, 2025
United States v. Pettway: Re-entrenching § 922(g)(1) After Rahimi and Clarifying “Intrinsic” Evidence & Sentencing Cross-References Introduction In United States v. James Pettway, No. 24-10422 (11th...
United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings

United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings

Date: Jul 12, 2025
United States v. Michel: Clarifying the Scope of District-Court Discretion After Guideline Amendment 821 in § 3582(c)(2) Proceedings 1. Introduction United States v. Jonas Michel, No. 24-11699 (11th...
United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1)

United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1)

Date: Jul 12, 2025
United States v. Thirkield – Re-confirming ACCA Predicate Status of Georgia Marijuana Convictions & The Continuing Constitutionality of 18 U.S.C. § 922(g)(1) Introduction The Eleventh Circuit’s...
“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization (Commentary on United States v. Vincent Edward Wardlow, 25-10341, 11th Cir. 2025)

“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization (Commentary on United States v. Vincent Edward Wardlow, 25-10341, 11th Cir. 2025)

Date: Jul 12, 2025
“The Nose Still Knows” – Eleventh Circuit Re-Affirms that the Odor of Marijuana Alone Creates Probable Cause for a Vehicle Search Even After State-Level Legalization Commentary on United States v....
Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Date: Jul 12, 2025
Consol Mining v. United States Department of Labor (3d Cir. 2025): COPD Qualifies as Legal Pneumoconiosis Unless Specifically Rebutted Introduction Stanley D. Silk spent thirty-nine years underground...
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

Date: Jul 12, 2025
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” A Comprehensive Commentary on United States v. Jonathan Michael, 71 F.4th ___ (3d Cir. 2025) Introduction The Third Circuit’s...
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

Date: Jul 12, 2025
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft I. Introduction In Alexander v. Taft, No. 24-10663 (5th Cir....
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance

Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance

Date: Jul 12, 2025
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance Introduction The...
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard

Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard

Date: Jul 12, 2025
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard 1. Introduction In Mar-Jac Poultry MS, L.L.C. v. Secretary, U.S. Department of Labor, No. 24-60026...
“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025)

“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025)

Date: Jul 12, 2025
“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025) 1. Introduction The United States Court...
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