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tenth-circuit-upholds-stringent-& Case Commentaries

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

Date: Aug 25, 2025
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Date: Aug 25, 2025
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule:  Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

Date: Aug 25, 2025
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
“No Presumptive Incompetence”:  Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

Date: Aug 25, 2025
“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims Introduction Martinez v. Martinez, No. 24-2105 (10th Cir. Aug. 22, 2025), is a...
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General

Date: Aug 25, 2025
Conflicts, Collateral Orders, and Screening: The Supreme Court Clarifies When Prosecutorial Conflicts Disqualify the Office of the Attorney General Introduction Case: Commonwealth v. Torres (2025 MP...
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) 1. Introduction The...
“No-Offset” Rule for Significantly Excessive Earnings:  Supreme Court of Ohio Clarifies R.C. 4928.143(F)

“No-Offset” Rule for Significantly Excessive Earnings: Supreme Court of Ohio Clarifies R.C. 4928.143(F)

Date: Aug 25, 2025
“No-Offset” Rule for Significantly Excessive Earnings In re Application of Dayton Power & Light Co. (2025-Ohio-2953) Introduction The Supreme Court of Ohio, in In re Application of Dayton Power &...
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases: Commentary on Kash B. v. State of Alaska, DFCS, OCS (2025)

Date: Aug 25, 2025
Therapeutic Suspension of Visitation as a “Reasonable Effort” in Alaska CINA Cases Commentary on Kash B. (Father) v. State of Alaska, Department of Family and Community Services, Office of Children’s...
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: 
            Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

Date: Aug 25, 2025
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Nebraska Supreme Court Clarifies Party Concessions in D&M Roofing & Siding v. Distribution, Inc. (319 Neb. 707) 1....
Mandamus as the Tool to Correct PILOT Fund Misallocations:  The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Date: Aug 25, 2025
Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04 Introduction In State ex rel. Douglas Cty. Sch....
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) A Comprehensive Commentary on State ex rel....
Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors – A Commentary on Katya Hutton v. Michael & J. Christopher Dykes (2025 WY 94)

Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors – A Commentary on Katya Hutton v. Michael & J. Christopher Dykes (2025 WY 94)

Date: Aug 25, 2025
Cross-Border Equitable Contribution: Wyoming Endorses Florida’s 50/50 Presumption for Joint Mortgage Obligors Commentary on Katya Hutton v. Michael L. Dykes & J. Christopher Dykes, Co-PRs of the...
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

Date: Aug 25, 2025
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation I. Introduction Case: Carl Williams v....
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

Date: Aug 25, 2025
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act 1. Introduction In Fire Protection Service, Inc. v. Survitec Survival Products, Inc., No....
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Date: Aug 25, 2025
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025) 1. Introduction Chad Lewis Lanier, a retired deputy sheriff for Wise...
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

Date: Aug 25, 2025
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025) Introduction United States v. Clark, decided on 21 August 2025...
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Date: Aug 25, 2025
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025) 1. Introduction United States...
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Date: Aug 25, 2025
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025) I. Introduction The Tenth Circuit’s...
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

Date: Aug 25, 2025
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman Introduction In United States v. Cline, Nos. 24-1119 & 24-1137 (10th...

    “Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for
    Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

Date: Aug 25, 2025
“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Comprehensive Commentary on United States v. Hotaling 1. Introduction The Second Circuit’s...
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