Striking a Witness’s Testimony as a Sufficient Remedy for a Mid‑Trial Brady Disclosure (and Upholding Broad-Search/Narrow-Seizure Digital Warrants) 1. Introduction In United States v. Melvin Canales...
Eleventh-Amendment Dismissals Are Jurisdictional: Sovereign-Immunity Dismissals Must Be Without Prejudice (and Academic Disputes Rarely Become Constitutional Claims) 1. Introduction Eriakha v....
Unanswered Show-Cause Orders Permit Non-Prejudicial Dismissal; Florida Police Departments Lack Capacity to Be Sued 1. Introduction In Monique Maybell v. City of West Palm Beach (11th Cir. Sept. 9,...
Defensive Setoff Is Not a Bankruptcy “Claim”: No Proof of Claim Required to Preserve Purely Defensive Setoff Rights 1. Introduction Case: In Re: SVB Fin. Grp. (2d Cir. Sept. 9, 2026). Parties: SVB...
HB 1775 “Divisive Concepts” Upheld Against Vagueness by Construing It to Bar Teaching the Concepts as Correct Principles (and Limiting Interlocutory Review to the Injunction Order) 1. Introduction...
United States v. Wilson (10th Cir. 2026): Medical “Child Abuse/Neglect” Diagnoses and Parental-Expectation Opinions Do Not Usurp the Jury I. Introduction In United States v. Wilson, the Tenth Circuit...
Qualified-Immunity Forfeiture by Non-Briefing and “Moving Force” Causation Limits on Single-Decision County Liability 1. Introduction Talitha Gail Woody v. Chris Allen Buckner arises from a January...
VICAR Gang-Murder Prosecutions: Intrinsic Drug-Trafficking Proof, Rule 29 Renewal Waiver, and Unreviewable Inconsistent Predicate/Compound Verdicts Introduction In United States v. Jordan Powell...
Hicks v. State: Plain-Error and Waiver Bar Relief on Excluded Pursuit-Policy Evidence and Unrequested Causation Charges 1. Introduction In Hicks v. State (Supreme Court of Georgia, Sept. 9, 2026),...
Actual Prejudice Is Essential for Relief from Extreme Post‑Trial Appellate Delay Case: Garry Deyon Johnson v. The State, Supreme Court of Georgia, No. S26A1017 (Decided Sept. 9, 2026) Lower Court:...
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....