APA § 706(1) Relief Is Unavailable Once the Secretary Has Acted Through a Lawful BLM Delegation 1. Introduction In Wyo-Ben v. Burgum (10th Cir. June 1, 2026), petitioner-appellant Wyo-Ben, Inc....
Rule G Standing Hearings: Preponderance Fact-Finding and “Bare Title” Insufficiency for Straw Owners 1. Introduction United States v. the M/Y Amadea is a Second Circuit civil forfeiture decision...
Unsettled § 3146(b)(2) Consecutive-Sentence Requirement for Failure to Appear at Supervised-Release Revocation Hearings (No Plain Error) Case: United States v. Simmons, Nos. 23-7400-cr (Lead),...
Rule 46 Sanctions for AI-Hallucinated Appellate Briefs: Counsel’s Nondelegable Duty to Verify Citations, Quotations, and Record Facts Case: Heriberto Perez-Castillo v. Todd W. Blanche (7th Cir. June...
Deference Under Connick/Pickering Turns on Mission, Not a “Paramilitary” Label: Coast Guard Auxiliary May Discipline Members Who Speak While Holding Themselves Out in Uniform 1. Introduction James C....
Delay-of-Treatment Eighth Amendment Claims Require Verifying Medical Evidence; No Monell Liability Without an Underlying Constitutional Violation 1. Introduction In Leon Barnes v. Wexford Health...
Joinder (Not Substitution) of an Adult SSI Claimant When a Childhood Application Reaches the Court of Appeals Case: Jamie Cosenza v. Frank Bisignano, No. 21-1970 (7th Cir. June 1, 2026)...
Harmless-Error Rule for Procedurally Irregular Substantive Consolidation of Non-Debtor Alter Egos I. Introduction In Donald Smith v. Sonya Salkin Slott, arising from the Chapter 7 case of In re: No...
Bad-Faith Blanket § 170.6 Challenges Are Subject to Separation-of-Powers Review via a Batson-Style Procedure I. Introduction Case: J.O. v. Superior Court (Cal. May 28, 2026) S287285. Parties:...
People v. Demolle: Contextual RJA Review of “Animal Imagery” in Capital Argument and Harmless-Error Review on Direct Appeal Supreme Court of California • June 1, 2026 • Chief Justice Guerrero (maj.)...
People v. Barrera: Penalty-Phase Carter Instruction Error Is Not Structural (Reviewed Under Chapman); RJA Death-Penalty Bar Not Automatic for Pre-RJA Nonprejudicial Violations Supreme Court of...
RJA Discriminatory-Language Error in Pre-2021 Capital Cases: Chapman Review, “Bengal Tiger” Prohibited, and No Categorical Bar to Penalty Retrial Case: People v. Bankston (Cal. Supreme Ct., June 1,...
Claim Preclusion Bars New Constitutional Theories Arising from the Same Child-Support Enforcement Actions 1. Introduction In Paul Walde v. Sharon Keri (11th Cir. June 1, 2026) (unpublished,...
§ 751(a) Escape: Knowledge of Unauthorized Departure Suffices; “Willfulness” Not Required (and Not Plainly Required on Unpreserved Review) Publication status: The decision is labeled “NOT FOR...
Rule 41(g) Venue Is Mandatory in the District of Seizure; No Sua Sponte Transfer Required 1. Introduction In United States v. James Sabatino (11th Cir. June 1, 2026) (per curiam) (not for...
Last Chance Agreements and Retaliation: Conditioning Continued Employment on Dropping an EEOC Charge Does Not Show Pretext When Termination Is for Post-Agreement Misconduct 1. Introduction In Jessica...
Nonprofit Bail Funds Have Article III Standing but Lack Third-Party Standing to Litigate Excessive-Bail Claims Where Indigent Detainees Have “Open Avenues” to Sue Introduction Case: Tallahassee Bail...
Juvenile Confession Voluntariness Under a Totality Test: No Per Se Involuntariness From an Isolated Death-Penalty Reference or Lack of Parental Presence I. Introduction State of Tennessee v. Antonio...
PSC’s Broad Reopening Power Under W. Va. Code § 24-2-2(a) and “Gray & Overlapping” Service Rights for Undeveloped Development Sites I. Introduction In Beckley Water Company v. Public Service...
Waiver of Unpreserved Challenges to Improvement-Period Restrictions; Credibility Deference Supports Termination Despite Partial Compliance 1. Introduction In re: A.L.-1, J.L., K.L., and W.L. is an...