Davison v. Bisignano: § 405(g) Exhaustion Must Be Pleaded in the Complaint; Objections and Inadequate Appellate Briefing Cannot Cure Jurisdictional Defects Introduction In Davison v. Bisignano (10th...
“Overall Project Purposes” May Include Multiple Interrelated Applicant Goals Under Clean Water Act § 404(b)(1) Case: Save The Colorado v. City and County of Denver (Intervenor Respondent–Appellant:...
Ortiz v. Blanche: Reaffirming the “Futile or Dangerous to Report” Requirement for Unreported Private-Actor Persecution in Asylum Cases 1. Introduction In Ortiz v. Blanche (10th Cir. Sept. 16, 2026),...
“Overall Project Purposes” Under CWA § 404(b) May Include Multiple Interconnected Objectives Case: Save The Colorado v. Graham (10th Cir.) Date: September 15, 2026 Panel: Holmes (C.J.), Tymkovich,...
Qualified Immunity Bars Stigma-Plus Claims Premised on Lost Private Contracts (and Appellate Record Failures Can Independently Require Affirmance) Introduction In McCurdy v. Unruh (10th Cir. Sept....
“Overall Project Purposes” May Encompass Multiple Interrelated Objectives Under CWA § 404(b) Alternatives Review I. Introduction Save The Colorado v. Graham (10th Cir. Sept. 15, 2026) arises from a...
Physician Not a Party/Beneficiary to Hospital–Clinic PSA; Loss of Call-Rotation Eligibility Is Material Breach Justifying For-Cause Termination Case: Garvey v. Ogden Clinic Professional Corp. Court:...
Tenth Circuit: “Overall Project Purposes” Under CWA § 404 May Include Multiple Interrelated Applicant Goals Case: Save The Colorado v. Graham (Nos. 25-1137, 25-1231 & 25-1299) Court: United States...
Reasonable Suspicion May Arise from Late-Night High-Crime Parking-Lot Circumstances and Pre-Stop Furtive Movements Despite Ambiguous Body-Camera Video I. Introduction In United States v. Jackson, the...
Active Firearm Possession and Law-of-the-Case Foreclose § 4C1.1 “Zero-Point Offender” Relief, While § 3582 Compassionate Release Cannot Cure Sentencing Errors Introduction In United States v....
Harmless-Error Affirmance for Alleged Hearsay When Evidence Is Cumulative and Minimally Used at Trial (United States v. Silas) I. Introduction In United States v. Silas (10th Cir. Sept. 11, 2026)...
Firm Waiver Rule Bars a COA When a § 2254 Petitioner Fails to Timely Object to a Magistrate Judge’s R&R Introduction In Walker v. Masquelier (10th Cir. Sept. 10, 2026), petitioner Walter Edward...
Internet Use Alone Satisfies the “Facility of Interstate Commerce” Element in §§ 2422(b) and 2252A(a)(2) Attempts (and Harmless-Error Treatment of a Fictitious-Minor Computer-Use Guideline Issue)...
Tenth Circuit Tightens Pleading and Causation Requirements for § 1983 Malicious Prosecution Based on Affidavit Defects and Requires Post-Disposition Reassessment of Supplemental Jurisdiction 1....
Tenth Circuit Narrows Oklahoma H.B. 1775 to a Ban on Teaching “Divisive Concepts” as Correct Principles—and Vacates Vagueness Injunction Case: Black Emergency Response Team v. Braught (caption...
HB 1775 “Divisive Concepts” Upheld Against Vagueness by Construing It to Bar Teaching the Concepts as Correct Principles (and Limiting Interlocutory Review to the Injunction Order) 1. Introduction...
United States v. Wilson (10th Cir. 2026): Medical “Child Abuse/Neglect” Diagnoses and Parental-Expectation Opinions Do Not Usurp the Jury I. Introduction In United States v. Wilson, the Tenth Circuit...
“Teach as Correct Principles” Saving Construction: H.B. 1775’s K–12 “Divisive Concepts” Ban Held Not Vague Under the Fourteenth Amendment 1. Introduction Black Emergency Response Team v. Drummond is...
“Divisive Concepts” K–12 Curriculum Restrictions Survive Vagueness Challenge When Read to Bar Teaching Discriminatory Concepts as Correct Principles 1. Introduction Black Emergency Response Team v....
ERPO Non-Enforcement Policies Are Not “Affirmative Acts” for State-Created Danger; Colorado CPLA Predominant-Cause Causation and Exclusivity Bar Mass-Shooting Negligence Theories Case: Hudson v. El...