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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025)

Date: Sep 8, 2025
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025) Note on precedential status: The decision...
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir. 2025)

Date: Sep 8, 2025
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir....
De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

Date: Sep 8, 2025
De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen Introduction In Sylvestre Esteeven Point du Jour v. U.S. Attorney...
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Date: Sep 8, 2025
Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and...
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Date: Sep 8, 2025
Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit Introduction...
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

Date: Sep 8, 2025
No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions Introduction This precedential decision from the U.S. Court of Appeals for the...
Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration

Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration

Date: Sep 8, 2025
Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration Introduction...
Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills

Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills

Date: Sep 8, 2025
Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills Introduction In Lowe v. Mills, the United States...
Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials — Commentary on Rupe v. City of Jacksboro (5th Cir. 2025)

Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials — Commentary on Rupe v. City of Jacksboro (5th Cir. 2025)

Date: Sep 8, 2025
Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials Introduction This commentary analyzes the Fifth Circuit’s...
PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez

PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez

Date: Sep 8, 2025
PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez Introduction United States v....
No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render § 922(g)(1) Convictions Plainly Unconstitutional

No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render § 922(g)(1) Convictions Plainly Unconstitutional

Date: Sep 8, 2025
No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render §...
No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

Date: Sep 8, 2025
No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression Commentary on United States v. Tsatenawa, No. 24-50034 (5th Cir. Sept. 5, 2025) (per curiam)...
Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Date: Sep 8, 2025
Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause Introduction In Wilson...
Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Date: Sep 8, 2025
Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law Introduction...
Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Date: Sep 8, 2025
Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025) Introduction In Tyree M....
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Date: Sep 8, 2025
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...
Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Date: Sep 8, 2025
Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers Introduction In Dillon v. Curtis...
No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

Date: Sep 8, 2025
No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy Introduction In Meier v. Aspen Academy, the United States Court of...
Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Date: Sep 8, 2025
Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry Commentary on Teva Pharmaceuticals v. Weiser (10th Cir. Sept. 5, 2025) Introduction Teva...
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