Major Upward Variances Affirmed When District Courts Tie Gratuity of Violence, Gang Function, and Leadership Role to § 3553(a) Factors Introduction In United States v. George (10th Cir. Sept. 1,...
Implied-Consent Blood Draws in Montana Require Record Evidence of Understanding and Voluntary Consent; Good-Faith Reliance Must Be Preserved Below Case: State v. Laroque, 2026 MT 209 (DA 25-0465)...
Post-Floyd Indivisibility of Texas Robbery Eliminates Garrett Harmlessness for Johnson ACCA Residual-Clause Errors I. Introduction In United States v. Senegal (5th Cir. Aug. 31, 2026) (not designated...
Eleventh Circuit: Non-Comparator “Same-Misconduct” Evidence and Shifting Explanations Can Create a Convincing Mosaic (and Pretext) Defeating Summary Judgment Case: Anne Guthrie (Administrator for the...
No “Office of Relator”: FCA Qui Tam Relators Are Not Article II Officers Because They Do Not Hold a Continuing Position 1. Introduction Case: Clarissa Zafirov v. Florida Medical Associates, LLC (with...
Deferential Mixed-Question Review of “Exceptional and Extremely Unusual Hardship,” with No Appellate Jurisdiction over Underlying Hardship Facts Introduction In Espinoza Benitez v. Blanche (1st Cir....
Conceivable Privacy Rationale Sustains “No-X” Birth-Certificate Policy Under Rational Basis Review Introduction In de la Fuente Díaz v. Gonzalez Colon (1st Cir. Sept. 1, 2026), six nonbinary persons...
Probation-Revocation Sentencing: No Separate On-the-Record Justification Required to Impose the Statutory Maximum Under 9 GCA § 80.66(b) I. Introduction In People of Guam v. Michael John Toves...
Owner-Occupied “Guest” Restrictions Upheld: “Guest” Means Invitee, Not Tenant, and Falls Within RSA 674:16 General Welfare Zoning Authority Introduction In Christopher Andrews & a. v. Kearsarge...
Harmless-Error Review for Limited 404(b) and CAC-Interview Evidence, Unaffected by Jury Impasse — State v. Giroux (N.H. 2026) 1. Introduction In State of New Hampshire v. Max Giroux (No. 2024-0505),...
Title VI Entity Liability Requires Policy or Authorized Official Knowledge; No Clearly Established Due Process Right in Academic Grading Introduction Arebe Taylor, a Black student originally from...
Firm Resettlement Bar Applies Upon Grant of Mexican Permanent Residence; Private-Actor Gang Threats Do Not Trigger the Restricted-Residence Exception Absent Government-Imposed Constraints I....
Pendent Appellate Jurisdiction to Review Trademark Cancellation When “Inextricably Intertwined” with an Interlocutory Lanham Act Injunction Introduction Hammer Brand, LLC (doing business as Wolf...
Strict Enforcement of § 405(g)’s 65-Day Filing Window and Narrow Equitable Tolling in Social Security Appeals 1. Introduction In John E. Cole, Jr. v. Commissioner, Social Security Administration...
Federal Courts Must Abstain from Florida Property-Tax Exemption Disputes Under the Tax Injunction Act and Comity; Jurisdictional Dismissals Must Be Without Prejudice Case: Joshua Jordan v. Bob...
Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims 1. Introduction United States v. Cesar Alvarez (11th Cir. Sept....
Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders Introduction In United States v....
Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7) Introduction In United States v. Jose David Figueroa...
Potential-to-Facilitate Rule for U.S.S.G. §2K2.1(b)(6)(B) During Vehicular Flight; No Impermissible Double Counting with §3C1.2 Case: United States v. Taris Devoe Hollomon (11th Cir. Sept. 1, 2026)...
Title IX “Control” Is a Functional, Fact-Based Inquiry: Indirect Authority Over a Third-Party Harasser Can Satisfy Davis Case: Jane Doe 1 v. Eastern New Mexico University Board of Regents (10th Cir....