Section 401 Certifications Must Not Defer Material Compliance Terms Without Pre-Construction Agency Approval I. Introduction In NY/NJ Baykeeper v. New Jersey Department of Environmental Protection...
Younger Abstention Requires Party Identity: Associations Need Not Abstain Based on Member’s Pending State Enforcement Action Absent Control or Management 1. Introduction Case: National Shooting...
Third Circuit Reaffirms That Conclusory Comparator Lists and Attenuated Timing Do Not Plausibly Plead Discrimination or Retaliation in Failure-to-Promote/Termination Claims Introduction In Solomon...
“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...
Tenth Circuit: Generally Applicable Non-Enforcement Policies Do Not Create “Immediate” State-Created Danger; Colorado CPLA Predominant-Cause & Exclusivity Bar Mass-Shooting Premises Claims I....
Vance v. G.I.G.: ERPO Non-Enforcement Policies Do Not Satisfy State-Created-Danger “Affirmative Conduct”; Colorado CPLA Exclusivity Bars Negligence and Treats Mass Shooter as Predominant Cause at the...
Eleventh Circuit: After Florida’s 2015 Amendment, Concealed Firearm Possession Alone Does Not Create Reasonable Suspicion of a § 790.01(2) Violation Introduction United States v. Joseph Olson (11th...
Ex Post Facto Bar to Applying Amendment 822’s Career-Offender Reclassification of Hobbs Act Robbery to Pre‑Amendment Conduct; Post‑Smith Plain-Error Limits on “Surrogate” Forensic Testimony I....
Rehabilitation Act Exhaustion Requires a Disability Charge in the EEO Complaint—Counselor Notice Alone Is Not Enough Introduction In Eric Willingham v. Jeffrey Lyash, the Eleventh Circuit...
Distinct Medical-Theory Amendments Do Not Relate Back Under Florida Law in § 1983 Actions (and Unchallenged Dismissal Grounds Are Fatal on Appeal) 1. Introduction Margherita Cunningham v. Centurion...
Eleventh Circuit: No Jurisdiction to Review Denial of a Criminal Alien’s Motion to Reopen Absent a Colorable Question of Law or Constitutional Claim 1. Introduction In Miguel Fernandez v. U.S....
Eleventh Circuit Reaffirms: (1) Circumstantial Evidence Can Prove Interstate “Transportation” of Child Pornography Through Family Moves; (2) Acquitted-Conduct Sentencing Remains Constitutional...
Eleventh Circuit: In § 3582(c)(2) Amendment 821 Proceedings, District Courts May Deny Relief Based on § 3553(a) and Consider Evasive/Jettisoning Conduct Without a § 3C1.1 Enhancement Case: United...
Materiality Limits on Late-Disclosed Interview Memos, Tailored Post‑Trial Discovery, and Conservative Sampling-Based Loss in Tax-Refund Check‑Cashing Fraud 1. Introduction United States v. Thomas...
Backend Check-Processing as Wire-Fraud/Identity-Theft Participation; Narrow Brady/Giglio Materiality; Sampling-Based Loss Upheld with Conservative Discount (11th Cir.) Case: United States v. Thomas...
Permissive Deliberate-Ignorance Language That Mismentions “Intent” Does Not Create an Unconstitutional Presumption When the Charge as a Whole Preserves the State’s Burden Case: Victor Grullon v....
Reinstatement of a Revoked Professional License as Prospective Relief Under Ex parte Young; Younger Abstention Ends When State Review Concludes 1. Introduction In Gardner v. State of New Mexico (10th...
Rule 16(a)(1)(G) Rebuttal Disclosures Are Limited to Countering Timely-Disclosed Defense Expert Opinions Case: United States v. Crow (No. 24-1377) Court: U.S. Court of Appeals for the Tenth Circuit...