Nexus Is Dispositive: The Agency Need Not Reach “Past Persecution” Where Harm Reflects Extortion or Perceived Wealth Rather Than a Protected Ground Case: Juana Garcia Rodriguez v. Todd W. Blanche...
Georgia’s “Leadership Committee” Carveout: Unequal Contribution Limits Violate the First Amendment and the Committee’s Office-Dependent Fundraising Is State Action Case: Richard Jackson v. William...
Career-Offender Predicate Rule: Federal Bank Robbery and Florida Aggravated Assault Are Crimes of Violence, and Postdated State-High-Court Mens Rea Clarifications Define What the Statute “Always...
Mass-Signing Prefilled Medicare Orders: “False Certification” Fraud, Venue Waiver, and Billed-Amount Intended Loss Case: United States v. Young (5th Cir. June 11, 2026) (unpublished) Court: United...
Tropskii v. Blanche: Repeated Voluntary Returns Undermine “Objective Fear,” Conscription-Evasion Punishment Usually Not Persecution, and Pattern-or-Practice Claims Must Be Raised to the IJ 1....
HISA Enforcement Unconstitutional Under Private Nondelegation: Back-End FTC Review and Rulemaking Cannot Cure a Statute’s Unsupervised Private Executive Power Case: Natl Horsemen's Benevolent v....
Incorporation-by-Reference Conditions and Reasoned Predictions of Compliance Defeat a Stay of Virginia’s Water Quality Certification 1. Introduction In Dan River Basin Association v. Virginia...
Strong Likelihood-of-Success Required to Stay a State Clean Water Act §401 Certification; Application Commitments May Be Enforceable When Incorporated by Reference I. Introduction Case: Sierra Club...
Appellate Waiver Enforced Absent Proof of Government Bad Faith in Withholding a § 3E1.1 Recommendation 1. Introduction In United States v. Robert Thompson (3d Cir. June 10, 2026) (not precedential),...
Preservation-First Criminal Appeals: Forfeiture of New Suppression Theories, CI Non-Disclosure, Contextual Texts as Non-Hearsay, and Plain-Error Limits on § 922(g)(1) Second Amendment Challenges 1....
Perdue’s Lodestar-Multiplier Limits Apply to Federal-Law Contractual Fee-Shifting Awards Case: Artem v. Gelis v. BMW of North America, LLC, No. 24-2721 (3d Cir.) Court / Date: U.S. Court of Appeals...
PROMESA Title III Discharge Does Not Extend to Personal-Capacity Claims Against Commonwealth Officials I. Introduction Case: Hernández Zorilla v. FOMB (arising within the Commonwealth’s PROMESA Title...
Rule 56(d) Relief in the First Circuit: Summary Judgment Is Generally Premature When the Nonmovant Has Had No Meaningful Discovery Opportunity 1. Introduction Cortes-Ramos v. Martin-Morales (1st Cir....
Rooker–Feldman Bars Federal “Remand” Requests that Functionally Seek Reversal of Final State-Court Dismissals 1. Introduction In Tony Ping Yew, Executor of Estate of John Y Wei v. Attorney General...
STOLI Illegality Cannot Be Avoided by “Group Policy” Labeling; New York Delivery Statute Does Not Control Choice-of-Law Litigation Analysis Case: Lincoln National Life Insurance Co v. Retirement...
“Federal Inmate” Is an Element, Not a Jurisdictional Prerequisite, and Retroactive Amendment 821 Requires Resentencing by Removing Status Points 1. Introduction In United States v. Manuel Guillermo...
Specific-and-Concrete Nexus Required to Search a Residence in Drug-Trafficking Investigations (Good-Faith May Still Save the Search) 1. Introduction People of Michigan v. Craig Lamont Buggs, Jr....
Ballard (10th Cir. 2026): § 3553(a) Does Not Require Consideration of an Unrelated Existing Sentence When Imposing Consecutive Statutory-Maximum Terms for Prison Violence 1. Introduction In United...
Revocation Sentencing After Esteras: A Retracted § 3553(a)(2)(A) Reference and Public-Safety-Based Reasoning Do Not Create Reversible Procedural Error Case: United States v. Yazzie (10th Cir. June...
Attempted Child Sex Trafficking: Reckless Disregard of Age Suffices Even Without an Actual Minor (and § 1594 Judgments Do Not Become § 1591 Convictions for First Step Act Purposes) I. Introduction...