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...
§ 523(a)(6) Nondischargeability in the Fifth Circuit: “Objective Substantial Certainty of Harm” Suffices Without Subjective Intent to Injure Introduction Mahadevan v. Bikkina is a Fifth Circuit...
Threat of Custodial Arrest to Secure an Unannotated Signature on a Texas Traffic Citation Does Not, Without More, State a Fourth or Fourteenth Amendment § 1983 Claim I. Introduction In Soward v....
IDEA “Stay-Put” Relief Is Unavailable for Past, Completed School Years Absent a Showing of Current Jeopardy (and Post-Relief Claims Are Moot) 1. Introduction Juca v. Banks (2d Cir. Aug. 20, 2026)...
Ex parte Escambia County Commission: Statutory Servant Immunity Bars Respondeat Superior Claims Against County Principals 1. Introduction In Ex parte Escambia County Commission (Ala. Aug. 21, 2026),...
State v. Willard: Fourth Amendment Seizure Analysis Must Account for Non-Police Government Actors (Fire/EMS) Under the Totality of Circumstances 1. Introduction In State v. Willard (Kan. Aug. 21,...
Rule 60(b) Orders Are Not Appealable When the Trial Court Reserves “Limited Relief” Issues Necessary to Dispose of the Case 1. Introduction In Mobile Investments, LLC v. Corporate Pharmacy Services,...
Concurrent Equity Jurisdiction Does Not Eliminate Circuit-Court Superintendence: Mandamus Remains Available Against Jefferson Probate Court Introduction In I. Ripon Britton, Jr., and Gregory H....
Interlocutory Default Judgments Moot (Rather Than Deny) Pending Motions to Compel Arbitration and Remain Nonappealable Until Damages Are Assessed Case: Ivy Fund Manager, LLC v. CDH Real Estate...
Initiating a Shootout as Aggravated Assault: Proximate-Cause Liability Under Miss. Code § 97-3-7(2)(a)(i) Without Proof the Defendant Fired the Injuring Shot Case: House v. State of Mississippi...
Constructive-Possession Instructions Are Proper in Receiving-Stolen-Property Cases When the Elements Instruction Separately Requires Guilty Knowledge I. Introduction In Merriman v. State of...
Tax Assessment Notice by First-Class Mail: Agency System Records and Affidavits Prove Mailing; Mere Denial of Receipt Does Not Defeat Timeliness or Due Process 1. Introduction Carroll Brothers, LLC...
Juvenile First-Degree Murder After July 1, 2024: “Life Imprisonment” Under § 97-3-21(2)(b) Does Not Authorize LWOP and Cannot Be Defined by Importing the Parole Statute 1. Introduction Gregg v. State...