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strict-enforcement-of-probation-conditions:-a-landmark-decision-in-in-re:-michael-thomas-joseph, Case Commentaries

Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Date: May 13, 2025
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments Introduction The First Circuit’s decision in United States v. Flores‐Álvarez (No. 23-1163, May...
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Date: May 13, 2025
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson Introduction United States v. Richardson (10th Cir. 2025) addresses the...
Pretext Conversations and Voluntary Out-of-Custody Statements

Pretext Conversations and Voluntary Out-of-Custody Statements

Date: May 13, 2025
Pretext Conversations and Voluntary Out-of-Custody Statements Introduction The People of the State of Colorado v. Patrick Nkongolo (2025 CO 20) arises from an interlocutory appeal in a...
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Date: May 13, 2025
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes Introduction In NLRB v. 3484, Inc., Nos. 24-9511 & 24-9525 (10th Cir. May 12,...
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law

Date: May 13, 2025
State Tort Claims for Climate Change Damages Are Not Preempted by Federal Law Introduction In In Re County Commissioners of Boulder County and City of Boulder v. Suncor Energy USA, Inc., et al., 2025...
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Date: May 13, 2025
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP Introduction In Ruffin v. BP Exploration & Production, Inc. (5th Cir. 2025), Floyd Ruffin sued BP for...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Date: May 13, 2025
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Declination of Certified Question on Public Nuisance from Opioid Distribution

Declination of Certified Question on Public Nuisance from Opioid Distribution

Date: May 13, 2025
Declination of Certified Question on Public Nuisance from Opioid Distribution Introduction In City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation, the Supreme Court...
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence

Date: May 13, 2025
State v. Morgan: Deliberate Intent by Circumstance and Boundaries on Prosecutorial Commentary on Silence Introduction In State v. Morgan, decided May 12, 2025 by the Supreme Court of New Mexico, the...
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

Date: May 13, 2025
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims Introduction Todd Simmerman v. United States, decided by the Court of...
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Date: May 13, 2025
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang Introduction This commentary reviews the Court of Appeals for the First...
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Date: May 13, 2025
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions Introduction This commentary examines the United States Court of Appeals for...
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Date: May 13, 2025
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical Introduction Daughtry v. Silver Fern Chemical, decided by the United States Court of Appeals for the...
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Date: May 13, 2025
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins Introduction The Fifth Circuit’s decision in Atkins v. Hopkins (No. 24-60058, May 12, 2025)...
“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

Date: May 13, 2025
“Clear-Reference” Requirement for Standard Conditions of Supervised Release Commentary on United States v. Jerome Kiggundu, 22-12011 (11th Cir. May 12 2025) Introduction The Eleventh Circuit’s...
Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Date: May 13, 2025
Re-affirming the Primacy of the Buckles Factors: The Heavy Burden for Withdrawing a Guilty Plea in United States v. Andre Lorquet Introduction Case Overview. In United States v. Andre Lorquet, the...
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Date: May 13, 2025
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants Introduction Rubin Young v. Clerk of Court for Miami-Dade County (11th...
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Date: May 13, 2025
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025) 1. Introduction In Parra-Villalobos v. U.S. Attorney General, the...
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