Risk Allocation and Economic Reality in Predevelopment Leases Under the Pennsylvania Prevailing Wage Act 1. Introduction PSP NE, LLC v. Pennsylvania Prevailing Wage Appeals Board comes to the Supreme...
State Courts Lack Subject-Matter Jurisdiction Over Intratribal Leadership Disputes; Contested Tribal Waivers Cannot Supply Jurisdiction I. Introduction ANDERSON v. PARRISH, 2026 OK 36 is an original...
Roberts and “Futile Gesture” Standing: Sixth Circuit Leaves in Place a Rule Treating Non-Application as Self-Inflicted Injury in § 1981 Race-Barrier Cases I. Introduction Nathan Roberts v....
Strict Limits on § 4-175 Declaratory Jurisdiction: Pure Contract Interpretation of PURA Settlements Is Not “Applicability” of a Statute Case: Vistra Corp. v. Public Utilities Regulatory Authority...
Condemnation Appeals After Project Completion: Mootness, Appellate Jurisdiction, and UCPA Good-Faith-Offer Duties 1. Introduction Michigan Gas Utilities Corporation v. E. Richard Midlam, Jr., and...
In-Camera Court Custody of Subpoenaed Medical Records Defeats “Irreparable Harm” for an Injunction Pending Appeal 1. Introduction This First Circuit order arises from an unusual, fast-moving,...
Eleventh-Hour DNA Act Motions: No Testing When Favorable DNA Would Not Create a Reasonable Probability of a Different Outcome and Timing Shows Dilatory Purpose Introduction In Tony Carruthers v....
Uniformity Clause Limits on Revenue-Driven, Monetary-Threshold Assessment Appeals (Donohue, J., Dissent) 1. Introduction Downingtown Area School District v. Chester County Board of Assessment Appeals...
Uniformity Clause Primacy Over Revenue Maximization: Monetary-Threshold Assessment Appeals Cannot Systematically Target Commercial Property Introduction Downingtown Area School District v. Chester...
Uncontested PURA RPS Determinations Are Not Appealable “Final Decisions,” but Declaratory-Judgment Review Remains Available via §§ 4-176/4-175 When the Dispute Turns on the Applicability of the RPS...
Passport Denials Trigger § 1503(a)’s Five-Year Clock and Bar APA/Mandamus Nationality Workarounds I. Introduction In Cortez v. Rubio (5th Cir. May 18, 2026), Hector Xavier Cortez sued the Secretary...
Morris v. United States: Negligent Undertaking Claims Survive FTCA Misrepresentation and Discretionary-Function Bars When the Gravamen Is Failure to Act After Undertaking Protective Steps Court:...
Firearms-for-Drugs Texts as “Intrinsic” Evidence and Anders Affirmance in a § 841 Death-Resulting Case (Third Circuit) 1. Introduction In United States v. Frederico Rosario (3d Cir. May 18, 2026)...
Tenth Circuit Limits Interlocutory Qualified-Immunity Appeals to the District Court’s “Fact Universe” and Treats Viewpoint Discrimination in Limited Public Forums as Clearly Established Introduction...
Pinegar: Voir Dire Judicial-Misconduct Claims Require Actual Prejudice; Targeted Threats Can Satisfy § 6-2-505 “Reckless Disregard of Evacuation” 1. Introduction In Byron W. Pinegar, Jr., v. The...
Aleksey: Developmental-Period Evidence and Cross-Examination Constraints in Atkins PCR Proceedings Case: Bayan Aleksey v. State of South Carolina (S.C. Sup. Ct., Opinion No. 28333, filed May 20,...
Purported Tribal Waiver Cannot Create Oklahoma State-Court Jurisdiction When Tribal Leadership Is Contested (Intratribal Governance Disputes Are Nonjusticiable) Introduction ANDERSON v. PARISH, 2026...
Factual Disputes Bar Interlocutory Qualified-Immunity Review; State-Law Immunity Must Be Raised Below 1. Introduction In Rayshawn Walden v. City of Detroit, Michigan, No. 25-1919 (6th Cir. May 20,...
Corea v. Blanche: Substantial-Evidence Review for Cancellation Hardship and IJ-Level Exhaustion of Procedural Constitutional Claims Court: U.S. Court of Appeals for the Sixth Circuit Date: May 20,...
Plain-English “Complete Search” Consent Authorizes Seizure and Off-Site Forensic Review of a Phone; Calm In-Home Interview Is Not Miranda Custody Case: United States v. Michael James (No. 25-3552) |...