Erroneous Rule 41(a)(2) Partial Dismissals Remain Final for Appeal; AWCPA § 120(a) Limits Only Architectural-Works Rights and Functions as an Affirmative Defense I. Introduction Kipp Flores...
Accuracy-Related Partnership Penalties Under § 6662 Are “Taxes” for AIA/DJA Jurisdiction-Stripping Purposes Case: Norcave Properties, L.L.C. v. Internal Revenue Service, No. 25-30542 (5th Cir. Aug....
FVRA Incumbent-First-Assistant Rule and Anti-Circumvention Bar on “Total Delegation” of a Vacant U.S. Attorney’s Powers 1. Introduction Case: In re Grand Jury Subpoenas to the Office of the New York...
Section 1958 “Consideration” Means Reciprocal Inducement (Not Employment): The Second Circuit’s Rule for Murder-for-Hire I. Introduction In United States v. Martin (2d Cir. Aug. 21, 2026), the Second...
AEDPA and Mixed IQ Scores: No Clearly Established Right to an Atkins Hearing When One Valid Score Exceeds Oklahoma’s 76 Cutoff Case: Fuston v. Quick, No. 24-6166 (10th Cir. Aug. 21, 2026) (published)...
Qualified Immunity Demands Fact-Specific “Clearly Established” Law: No Clearly Established Right for a Non-Custodial Uncle to Cohabitate with Minor Nieces 1. Introduction In Kilroy Watkins v. Sharon...
“Equal-Opportunity Incivility” and the Proof Gap: No Hostile Environment, Constructive Discharge, Pretext, or Retaliation Without Evidence Tying Mistreatment to Protected Status I. Introduction In...
Vague Self-Harm Threats and Conservative Hand-Injury Care Do Not Show Eighth Amendment Deliberate Indifference; Referring Doctor Not Liable for Post-Transfer Scheduling Delays 1. Introduction In...
Pepper Spray for Repeated Noncompliance Is Not “Malicious,” and Short-Term Suicide-Watch Deprivations Require Proof of a Substantial Risk of Serious Harm Case: Jacob Julick v. Scott Jordan, No....
“Scared Straight” Courtroom Theater Is Not a Judicial Act: Sixth Circuit Limits Absolute Judicial Immunity for Off-the-Bench Detentions and Mock Proceedings Introduction In Latoreya Till v. Kenneth...
Judicial Immunity Does Not Shield “Scare-Style” Detention and Mock Proceedings Outside Any Case or Court Sitting Case: Latoreya Till v. Kenneth King (6th Cir. Aug. 21, 2026) Subject: Absolute...
Price-Maintenance Securities Fraud: Misstatements May Sustain (Not Raise) Inflation, Supporting Market Efficiency, Reliance, and Loss Causation Case: OPERS v. FHLMC (Freddie Mac) — United States...
Closing a Flagpole Forum: A Closed-List Flag Resolution and Removal of Public Participation Converts a Municipal Flag Display into Government Speech Case: Russ Gordon v. City of Hamtramck, Michigan...
Yan v. State of Texas: No Article III Case or Controversy Against an Adjudicating Judge; Claim-Splitting Dismissal; and Strict Pleading of Civil RICO Predicates and Continuity Court: United States...
Bronchodilator Reversibility Does Not Defeat Legal Pneumoconiosis: Experts Must Address Residual Impairment and Coal-Dust Aggravation Case: Central Appalachian Coal Company v. DOWCP (Respondent...
Fourth Circuit Recognizes Limited Authority to Continue an Ongoing Terry Stop Into a Home When a Suspect Retreats and Child-Safety Exigencies Persist 1. Introduction Case: Fareed Hayat v. Casey Diaz...
ADEA Prima Facie “Legitimate Expectations” Rule: Objective Certifications and Coworker Praise Do Not Create a Jury Issue Against Documented Academy Performance and Insubordination 1. Introduction In...
Hunter “Miscarriage of Justice” Standard: Routine Guidelines Errors (and Downstream Reduction Effects) Do Not Defeat an Appeal Waiver 1. Introduction United States v. Tovis Richardson (4th Cir. Aug....
Warrantless Supervised-Release Home Searches: Reasonable Suspicion Under a Search Condition Satisfies the Fourth Amendment Introduction In United States v. Tyrell Watts (4th Cir. Aug. 20, 2026)...
Pleading “Context” and Clearly-Established Law to Defeat Qualified Immunity in Fifth Circuit Excessive-Force Cases Introduction Hughey v. Tippah County (5th Cir. Aug. 20, 2026) arises from an alleged...