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tenth-circuit-upholds-stringent-& Case Commentaries

“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

Date: Jun 4, 2025
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing Introduction State v. Walsh, 373 Or 714 (2025), confronts a recurring but seldom-resolved problem: what must a...
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine

Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine

Date: Jun 3, 2025
Establishing Limits on Victim Character Evidence Under the Plain Error Doctrine Introduction The Supreme Court of Appeals of West Virginia’s decision in State of West Virginia v. David Hunter Lewis...
“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981

“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981

Date: Jun 3, 2025
“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981 Introduction In Nicholson v. W....
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act

Date: Jun 3, 2025
Preservation of Judicial Immunity for Public Bodies Under the New Mexico Civil Rights Act 1. Introduction The Supreme Court of New Mexico’s decision in Bolen v. New Mexico Racing Commission (2025)...
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Date: Jun 3, 2025
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks Introduction This commentary examines the Eleventh Circuit’s June 2, 2025 per curiam...
New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims

New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims

Date: Jun 3, 2025
New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims 1. Introduction In Eszter Pryor v. The Ohio State University, No. 24-3812 (6th Cir. Jun. 2, 2025), the Sixth Circuit...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Date: Jun 3, 2025
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

Date: Jun 3, 2025
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions Introduction In United States v. Lawrence (2d Cir. June 2, 2025),...
Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions

Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions

Date: Jun 3, 2025
Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions Introduction In United States v. Bedell, No. 24-1783 (2d Cir. June 2, 2025), the Second Circuit addressed...
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Date: Jun 3, 2025
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials Introduction Fay v. Barbera, decided June 2, 2025 by the Second Circuit, clarifies...
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine

Date: Jun 3, 2025
Defendant’s Burden and Prosecutorial Storytelling: Clarifications under the Plain Error Doctrine Introduction This commentary examines the concurring opinion in State of West Virginia v. David Hunter...
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

Date: Jun 3, 2025
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims Introduction In O’Neill v. Newburgh Enlarged City School District, the Second Circuit reviewed a...
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Date: Jun 3, 2025
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed Introduction In Maher v. Global Factors, LLC, the United States Court of Appeals for the Second...
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Date: Jun 3, 2025
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs Introduction In Belford v. State, the Supreme Court of Hawaiʻi...
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Date: Jun 3, 2025
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases

Date: Jun 3, 2025
Establishing Sufficient Evidence for Officer’s Actual Belief of Imminent Battery in Aggravated Assault Cases Introduction In State v. Johnson, 2025-NMCA-39827, the Supreme Court of New Mexico...
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Date: Jun 3, 2025
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand 1. Introduction In United States v. André Michael Dubois (11th Cir. June 2, 2025), the Eleventh...
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Date: Jun 3, 2025
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages Introduction This commentary examines the Eleventh Circuit’s decision in Sweet Additions Ingredient Processors,...
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

Date: Jun 3, 2025
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine Introduction In United States v. Ray, 23-6114-cr (2d Cir. June 2, 2025), the Second Circuit...
Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices

Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices

Date: Jun 3, 2025
Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices Introduction In People v. Emanuel (S280551), the Supreme Court of California re-examined the contours of the...
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