balancing-confrontation-rights-and- Case Commentaries

Article III Adversity Bars Facial § 1983 Challenges Against State Judges Acting as Neutral Firearms-Licensing Adjudicators

Date: Jul 2, 2026

Article III Adversity Bars Facial § 1983 Challenges Against State Judges Acting as Neutral Firearms-Licensing Adjudicators 1. Introduction Kellogg v. Nichols arises from New York’s handgun licensing...

Florida Probate Rules Conformed to Renamed Rule 2.516 (“Service”) and Rule 2.525 (“Filing”) and Updated for Modern Rule-Drafting Standards

Date: Jul 2, 2026

Florida Probate Rules Conformed to Renamed Rule 2.516 (“Service”) and Rule 2.525 (“Filing”) and Updated for Modern Rule-Drafting Standards 1) Introduction In In Re: Amendments to Florida Probate...

City of Grand Junction v. Nicola: Section 13-81-103(1)(b) Imposes a One-Year Survival-Claim Deadline Upon Death of a Person Under Disability, Regardless of Legal Representative Appointment

Date: Jul 2, 2026

City of Grand Junction v. Nicola: Section 13-81-103(1)(b) Imposes a One-Year Survival-Claim Deadline Upon Death of a Person Under Disability, Regardless of Legal Representative Appointment Court:...

Sablan v. CUC (2026 MP 5): Inverse Condemnation Is Time-Barred Only After Survey-Ascertainable Accrual; Public Corporations Without Eminent-Domain Authority May Owe Just Compensation; Partial Takings Require Before-and-After Valuation

Date: Jul 2, 2026

Sablan v. CUC (2026 MP 5): Inverse Condemnation Is Time-Barred Only After Survey-Ascertainable Accrual; Public Corporations Without Eminent-Domain Authority May Owe Just Compensation; Partial Takings...

Tenth Circuit: 8 U.S.C. § 1225(b)(2)(A) Mandatory Detention Is Border-Limited; Interior Unadmitted Noncitizens Fall Under § 1226(a) and Are Bond-Eligible

Date: Jul 2, 2026

Tenth Circuit: 8 U.S.C. § 1225(b)(2)(A) Mandatory Detention Is Border-Limited; Interior Unadmitted Noncitizens Fall Under § 1226(a) and Are Bond-Eligible Introduction Quiroz v. Mullin is a published...

Tenth Circuit: Adult-Pornography Bans on Supervised Release Require Evidence-Based Nexus and Narrow Tailoring Beyond “Online Age-Confusion”

Date: Jul 2, 2026

Tenth Circuit: Adult-Pornography Bans on Supervised Release Require Evidence-Based Nexus and Narrow Tailoring Beyond “Online Age-Confusion” Introduction In United States v. Caraballo (10th Cir. June...

Due Process Requires the Government to Disprove Imperfect Self-Defense Beyond a Reasonable Doubt When the Theory Is Submitted to the Jury

Date: Jul 2, 2026

Due Process Requires the Government to Disprove Imperfect Self-Defense Beyond a Reasonable Doubt When the Theory Is Submitted to the Jury Introduction In United States v. Lynn (10th Cir. June 30,...

Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum

Date: Jul 2, 2026

Viewpoint-Neutrality Required When Government Creates a Press-Credential Access Forum Utah Political Watch v. Musselman (10th Cir. June 30, 2026) Core takeaway: When a legislature creates a...

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive

Date: Jul 2, 2026

First Amendment Political-Discrimination Protection Extends to Non-Reappointment/Non-Hiring; “Trust” Labels Are Not Dispositive Case: Lopez Collazo v. Ruiz-Feliciano Court: United States Court of...

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause

Date: Jul 2, 2026

Arizona Adopts Overbreadth Review and an Arizona-Specific “Meaningful Transparency / No Unreasonable Burden” Test for Compelled Electoral Donor-Disclosure Under the Speak Freely Clause I....

EPCA Does Not Expressly Preempt State and Local Building-Electrification Measures that Ban Fossil-Fuel Appliances

Date: Jul 2, 2026

EPCA Does Not Expressly Preempt State and Local Building-Electrification Measures that Ban Fossil-Fuel Appliances Case: N of Contracting Plumbers v. City of New York; Mulhern Gas Co., Inc. v. Mosley...

Post-Mahmoud Limits on Yoder: School Vaccination Mandates Do Not Trigger “Same-Character” Parental Free-Exercise Strict Scrutiny

Date: Jul 2, 2026

Post-Mahmoud Limits on Yoder: School Vaccination Mandates Do Not Trigger “Same-Character” Parental Free-Exercise Strict Scrutiny I. Introduction Miller v. McDonald (2d Cir. June 30, 2026) addresses...

CDP Verification Must Include § 6751(b)(1) Supervisory Approval—Even After Prior Liability Adjudication

Date: Jul 2, 2026

CDP Verification Must Include § 6751(b)(1) Supervisory Approval—Even After Prior Liability Adjudication Case: Besicorp v. Commissioner of Internal Revenue (consolidated appeals) Court: U.S. Court of...

Florida Appellate Briefing Now Requires a Jurisdictional Statement and Issue-by-Issue Preservation/Standard-of-Review Disclosures

Date: Jul 2, 2026

Florida Appellate Briefing Now Requires a Jurisdictional Statement and Issue-by-Issue Preservation/Standard-of-Review Disclosures Case: In Re: Amendments to Florida Rules of Appellate Procedure...

No Suppression Remedy for Violations of Florida’s Search-Warrant Knock-and-Announce Statute (Receding from State v. Cable)

Date: Jul 2, 2026

No Suppression Remedy for Violations of Florida’s Search-Warrant Knock-and-Announce Statute (Receding from State v. Cable) Introduction In State of Florida v. Keith Alexander Times (Fla. June 25,...

Roberts v. State (Fla. 2026): Case-by-Case “Meaningful” Nunc Pro Tunc Competency Determinations; No Bright-Line Evidentiary Requirements

Date: Jul 2, 2026

Roberts v. State (Fla. 2026): Case-by-Case “Meaningful” Nunc Pro Tunc Competency Determinations; No Bright-Line Evidentiary Requirements I. Introduction In William F. Roberts v. State of Florida, the...

General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227

Date: Jul 2, 2026

General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227 Trombetta v. Eklecco Newco, LLC, 2026 NY Slip Op 04222 (App. Div....

Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment

Date: Jul 2, 2026

Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment 1. Introduction Hidalgo v Darakchiev (2026 NY Slip...

Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211

Date: Jul 2, 2026

Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211 1. Introduction In CK Real Estate,...

Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice

Date: Jul 2, 2026

Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice 1. Introduction Farage v. Garden State Veterinary Specialists, Inc....