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tennessee-supreme-court-affirms-defendant& Case Commentaries

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

Date: Nov 5, 2025
No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v....
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Date: Nov 5, 2025
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum...
Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi

Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi

Date: Nov 5, 2025
Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi Introduction In Zafar v. Bondi (No. 23-6312, Nov. 3, 2025), a summary order...
Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law

Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law

Date: Nov 5, 2025
Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law Introduction In Coleman v. Grand (No. 21-800,...
Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses

Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses

Date: Nov 5, 2025
Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses Case: United States v. Antoine D. Wilson Court: U.S. Court of Appeals...
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Date: Nov 5, 2025
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist Introduction In United States v. Stephen...
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Date: Nov 5, 2025
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas Introduction This published decision from the U.S. Court of Appeals for...
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Date: Nov 5, 2025
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering Introduction In Timmins v. Plotkin, No. 24-1160...
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Date: Nov 5, 2025
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances Introduction In Michael Isreal Robin, Sr. v. State of Wyoming, 2025...
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Date: Nov 5, 2025
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025) Note on...
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Date: Nov 4, 2025
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10) Introduction In Camacho v. Settlement Fund, 2025 MP 10 (Nov. 3, 2025), the Supreme...
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Date: Nov 4, 2025
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447 Introduction In People v. Johnson, 2025 IL 130447, the...
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages

Date: Nov 4, 2025
Fifth Circuit Limits NLRB Remedies to Equitable Relief Under NLRA §10(c), Rejecting Thryv’s “Foreseeable Harms” Damages Introduction In Hiran Management v. NLRB, the U.S. Court of Appeals for the...
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process

Date: Nov 3, 2025
Animus Alone Is Not Enough: Third Circuit Reaffirms That Executive Land-Use Enforcement Must “Shock the Conscience” to Violate Substantive Due Process Introduction In Codorun Farms Inc. v. West...
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025)

Date: Nov 3, 2025
No Monell or Supervisory Liability Without a Predicate Constitutional Violation; Failure to Challenge an Independent Ground Forfeits the Appeal — Williams v. Luther (3d Cir. 2025) Introduction This...
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: An In-Depth Commentary on Legacy Housing v. City of Horseshoe Bay (5th Cir. 2025)

Date: Nov 3, 2025
Prudential Ripeness for Permit-Cap Takings and Plat-Designated Greenbelts Outside Texas Strips-and-Gores: Legacy Housing v. City of Horseshoe Bay Introduction In Legacy Housing Corporation v. City of...
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten Campus Speech Codes

Date: Nov 3, 2025
No Standalone “Chilled-Speech” Claim: Fifth Circuit Reaffirms Adverse-Action Requirement for First Amendment Employment Retaliation and Recognizes Pre‑Enforcement Standing for Alleged Unwritten...
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody

Date: Nov 3, 2025
No Civil Conspiracy Without an Independently Actionable Predicate; Interference with Parental Rights Requires Actual Removal from Custody Case: Amy Kissinger-Stankevitz v. Town of Tappahannock, et...
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive

Date: Nov 3, 2025
Fourth Circuit Holds that a Principal Officer’s Ratification Cures Appointments Clause Defects in Rulemaking and Is Not Impermissibly Retroactive Case: Eliza Wille v. Howard Lutnik (and related...
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims

Date: Nov 3, 2025
No More Boilerplate: Fourth Circuit Requires Meaningful Engagement with Country‑Conditions Evidence in Gender‑Based Asylum and CAT Claims Introduction In Reyna Alfaro‑Zelaya v. Bondi, the Fourth...
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