Arbitration and Delegation Fail for Lack of Mutual Assent When They Require Application of Nonexistent (and Unilaterally Inventable) Tribal Contract Law I. Introduction In Joshua Harris v. W6LS,...
Mandamus in Criminal Subpoena Disputes: “Special Loss” and Record-Preservation Assurances as a Basis to Decline Extraordinary Relief 1. Introduction State v. Ayon-Urbano, 375 Or 376 (2026), is an...
Prospective-Relief Challenges to an Uninvalidated Conviction Are Barred by Article III Standing Limits and Heck, Making Amendment Futile Under § 1915(e)(2)(B) 1. Introduction In Michael Townes v....
PPP Fraud Sentencing: Loss “Detection” Occurs When the Lending Bank Flags/Feezes Accounts; Co‑Conspirator PPP Loans and SBA Fees Are Attributable for Loss and Restitution 1. Introduction In United...
Improper Jury Communications in New Mexico: Rule 5-612(D)(3) Does Not Excuse Defendant’s Absence, and Presumed Prejudice Is Rebutted When the Court Merely Refers Jurors Back to Existing Instructions...
Adam Walsh Act “No-Risk” Determinations Are Unreviewable in Both Outcome and Method; Constitutional/Legal Challenges Are Channeled to Removal Petitions for Review I. Introduction Anqi Liu v....
OEC 601 Competency Is Witness-Wide: Courts May Not Exclude Testimony on a Specific Fact Based on Memory Quality I. Introduction State v. Benton, 375 Or 334 (Or 2026), arises from a homicide...
Gang-Rivalry Motive Evidence Is Noncharacter When It Shows Situational Hostility From Group Status, Not Violent Disposition I. Introduction State v. Herring, 375 Or 350 (2026), is an Oregon Supreme...
§ 3582(c)(2) After Amendment 821: District Courts May Deny a Zero-Point-Offender Reduction Based on § 3553(a) and Consider “Obstructive” Offense Conduct Even Without a § 3C1.1 Enhancement 1....
Mississippi Judicial Estoppel After Bankruptcy Dismissal Without Discharge: “Acceptance” Is Revoked Case: Quinton Strong v. Acara Solutions, Inc. Court: Supreme Court of Mississippi (en banc) Date:...
"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path 1. Introduction Jones vs. Missouri Labor and...
Speculation Is Not Disenfranchisement: Annexation/SEMS Delays and Affidavit Voting Do Not Void a Mississippi Election Without Proof of Denied Votes or Lost Electoral Integrity Case: Comelia Walker v....
MDOC May Define “Trusty Status” and Exclude Attempted Murder; Trusty Time Is Not an Entitlement and Its Denial Does Not Increase a Sentence 1. Introduction Nomatter Hudson v. Mississippi Department...
Suggestive-Identification Challenges Are Waived on Direct Appeal Absent a Timely Trial Objection I. Introduction In Savion Winters v. State of Mississippi (Miss. June 4, 2026), the Supreme Court of...
Civil Contempt Cannot Enforce a Vague “Hold Harmless” Divorce Provision Absent Clear-and-Convincing Proof of Willful Refusal to Comply 1. Introduction Case: Louise Gombako-Amos v. Corey Rene Amos...
Temporal Evidence Required for Constructive Notice Under Texas “Time-Notice” Rule—Employee Proximity and Inspection Policies Alone Do Not Suffice Case: Esteves v. Lowe's Home Centers (No. 25-40663)...
Penalty Statutes Do Not Expand Substantive Wildlife Crimes; Conspiracy Indictments Fail When They Include Non-Criminal “Purchase” Objects (Commonwealth v. Antle) Introduction In Commonwealth v. Antle...
FCC §503(b)(4) Forfeiture Orders Do Not Trigger a Seventh Amendment Jury Right Until §504 De Novo Enforcement Introduction FCC v. AT&T, Inc. (consolidated with Verizon Communications, Inc. v. Federal...
Conditional Habeas Writs: “No Utilizing” an Identification Bars Implicit In‑Court Identification at Retrial; Jurisdiction Persists Absent Clear Vacatur, and CVRA Rights Must Be Asserted by the Victim...
High Dissimilarity Defeats Preliminary-Injunction Dilution Claims (Even Post-TDRA) and Conceptual Weakness Tempers Commercial Strength in Trade Dress 1. Introduction The Scotts Co. LLC v. The Procter...