Claim Preclusion Bars Repeat Federal Land-Use/Takings Suits Against Municipal Actors and Their Privies; Later-Arising Zoning Claims Must Still Be Plausibly Pleaded Thomas Gage v. Borough of...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under § 1226(a), Not § 1225(b)(2)(A), and Must Receive Bond Hearings I. Introduction In a published decision issued September 10, 2026,...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under 8 U.S.C. § 1226(a) and Must Receive Bond Hearings; “Seeking Admission” Narrows § 1225(b)(2)(A) I. Introduction In Oscar Lopez...
Fourth Circuit: Shackling During Labor/Immediate Postpartum Without Security Justification Violates the Eighth Amendment; Postpartum MOUD Denial Can Constitute Deliberate Indifference and Support...
AIR 21 Review: No Issue-Exhaustion Under 29 C.F.R. § 1979.110(a), and No Vacatur for Unconstitutional ALJ Removal Protections Without Collins Harm 1. Introduction Corr Flight S. v. Dept of Labor (5th...
Post-Decertification § 1926(b) Standing: Traceability Fails Against a Non-Petitioning Municipal Utility District 1. Introduction In Dobbin Plantersville Water Supply Corporation v. Montgomery County...
Upward Variances Cannot Be Based on Hypothetical Guideline Recalculations; Mental-Health Conditions Require Record Support and Findings Case: United States v. Hendrickson (5th Cir. Sept. 10, 2026)...
Tie Elections in Hawaiʻi: Zero-Margin Overages, Burden on Election Officials, and Invalid “By Lot” Procedures Adopted Without Rulemaking Context: The provided text is an amended separate opinion by...
Amended Judgments Do Not Reset Post‑Judgment Interest: Interest Runs from the Entry Date of the Unreversed Money Award 1. Introduction In SNAP! MOBILE v. VERTICAL RAISE (Idaho Supreme Court, Sept....
Statutory Extraterritorial Arrest Violations Do Not Trigger Idaho’s Exclusionary Rule Absent a Constitutional Breach (State v. Satterfield) 1. Introduction In State v. Satterfield (Idaho Sept. 11,...
Probate Rule 2(f) Preservation in Alaska Commitment & Medication Appeals: Mandatory Objections to Master’s Reports; Voluntary-Treatment Advisement Errors Require Prejudice for Reversal 1....
Taxpayer Standing Requires an Expenditure-Centered Dispute; Incidental Implementation Costs Cannot Manufacture Standing (and Chambers v. Lautenbaugh Disapproved to the Extent Inconsistent) 1....
Kansas “Marketable Gas” After Cooper-Clark: Express Royalty Clauses Control; Marketability Is a Fact Question and the Marketable Condition Rule Is a Gap-Filler 1. Introduction Case: Cooper-Clark...
Martin v. City of Topeka: Street-Maintenance Duty as a Specific Duty; Public-Duty Doctrine Survives the KTCA; No Discretion to Ignore Known Street Hazards 1. Introduction In Martin v. City of Topeka...
State v. Contreras: No “Itemized” Jury-Waiver Requirement for Apprendi Age Facts When the Defendant Pleads and Admits the Charging Document 1. Introduction In State v. Contreras (Kan. Sept. 11,...
K.S.A. 22-3430 Commitment Is In Lieu of Sentencing and Cannot Be Imposed Simultaneously with a KSGA Prison Sentence Case: State v. Hunter, No. 128,056 (Kan. Sept. 11, 2026) Court: Supreme Court of...
State v. Trickle: Admissibility of Suicide “Relative Risk” Expert Testimony, Strict Objection Specificity, and Limits on “Liar” Rhetoric in Closing Court: Supreme Court of Kansas Date: September 11,...
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...
General Credibility Finding Can Sustain § 3C1.1 Perjury Enhancement; No Minor-Role Reduction Where Relevant Conduct Equals Defendant’s Own Money-Laundering Activity I. Introduction In United States...
Pennsylvania Abolishes “Non-Negligent Happenstance” Nunc Pro Tunc Extensions Absent Statutory Authorization (Section 7342(b) Common-Law Arbitration) 1. Introduction In Patrick J. Carr, Patrick K....