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Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown 1. Introduction On 14 August 2025 the United States Court of Appeals for the...
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Nathaniel Durham 1. Introduction The consolidated appeal of United States v. Durham & Barnes (Nos....
Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA Introduction In United States v. Phillip Barnes (consolidated with United...
“The Recency Rule” in Asylum Adjudication: Seventh Circuit Clarifies Government-Protection and Internal-Relocation Standards Introduction In Dania Martinez-Martinez v. Pamela J. Bondi, No. 24-3281...
From Tinker to Hazelwood: Seventh Circuit Clarifies that Student Club Flyers on School Walls Are School-Sponsored Speech — A Commentary on E.D. v. Noblesville School District (2025) 1. Introduction...
“Between Substantial-Evidence and Clear-Error” – The Seventh Circuit’s Post-Wilkinson Roadmap for Reviewing Hardship Determinations Introduction Fidel Santos Mendoza, a long-time resident of Indiana...
Refining the Economic-Realities Test: When Hospitals Are Not “Employers” of Contract Physicians Commentary on Veerasikku Bommiasamy v. NES Oklahoma, Inc. (7th Cir. 2025) 1. Introduction The Seventh...
“Minor Policy Deviations Are Insufficient to Establish Pretext” – Commentary on the Seventh Circuit’s Decision in Wendy Lohmeier v. Gottlieb Memorial Hospital 1. Introduction The Seventh Circuit’s...
The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025) Introduction Escobar-Salmeron v. Moyer is a...
Fourth Circuit Clarifies Constructive Exhaustion in FOIA: Post-Lawsuit Partial Productions Neither Moot the Action nor Revive Administrative-Appeal Requirements Introduction Louise Trauma Center LLC...
From “Significant Harm” to “Any Disadvantage”: Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano 1. Introduction Mary Frances Herkert, a disabled employee of the...
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation I. Introduction In Saadiq Long v. Pamela Bondi, No. 24-1369/1403 (4th Cir....
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded Introduction The Fourth Circuit’s published decision...
The “Intentional-Withdrawal Waiver” Doctrine Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Bernard K. Breeland, Jr.,...
“Beyond Miller”: The Fourth Circuit Declines to Extend Juvenile-Sentencing Protections to 18-Year-Old Offenders and Clarifies Evidentiary & Joinder Standards in Large-Scale VICAR Prosecutions – A...
No Safe Harbor in Fear: Fourth Circuit Narrows Duress Defence in Gang-Related VICAR Prosecutions 1. Introduction United States v. Elmer Martinez (consolidated appeals Nos. 22-4745, 22-4746, 23-4005,...
United States v. Martinez (4th Cir. 2025): Clarifying the Boundaries of Duress under 18 U.S.C. § 1959, the Admissibility of Gang-Violence Evidence, and the Proper Scope of Knock-and-Talk Searches...
Fourth Circuit Narrows “Gang-Duress” and Confirms Admissibility of Expert Gang Testimony after Crawford A Comprehensive Commentary on United States v. Pablo Velasco Barrera, 92 F.4th ___ (4th Cir....
“No Safe Harbor in Gang Coercion” – The Fourth Circuit’s Definitive Limits on Duress, Evidence, and Sentencing in United States v. Ronald Contreras (2025) 1. Introduction United States v. Ronald...
United States v. Crawford: Clarifying the Obstruction-of-Justice Enhancement and Reaffirming Limits on “Reasonable Doubt” Definitions 1. Introduction United States v. Stephen C. Crawford, No. 24-4243...