no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Mandamus to Compel Judicial Appointments: Mootness Upon Appointment and Renewed Debate Over Writ Power Against the Governor

Date: Aug 8, 2026

Mandamus to Compel Judicial Appointments: Mootness Upon Appointment and Renewed Debate Over Writ Power Against the Governor 1. Introduction In Kevin Emas v. Ron D. DeSantis, Governor (SC2026-0985),...

Florida Probate Rules (2026): § 733.612 Enforcement Treated as Adversary Proceedings; Small-Estate and Summary Administration Thresholds Increased

Date: Aug 8, 2026

Florida Probate Rules (2026): § 733.612 Enforcement Treated as Adversary Proceedings; Small-Estate and Summary Administration Thresholds Increased 1. Introduction In In Re: Amendments to Florida...

Substantial Independent Evidence Defeats Strickland Prejudice in W.R.A.P. 21 New-Trial Motions

Date: Aug 8, 2026

Substantial Independent Evidence Defeats Strickland Prejudice in W.R.A.P. 21 New-Trial Motions 1. Introduction In Rene Irisrose Daniels v. The State of Wyoming, 2026 WY 88, the Wyoming Supreme Court...

Substantial Independent Evidence Defeats Strickland Prejudice in W.R.A.P. 21 Ineffective-Assistance New-Trial Motions

Date: Aug 8, 2026

Substantial Independent Evidence Defeats Strickland Prejudice in W.R.A.P. 21 Ineffective-Assistance New-Trial Motions 1. Introduction In Rene Irisrose Daniels v. The State of Wyoming, 2026 WY 88, the...

Kansas Supreme Court’s Inherent Authority to Correct Its Own Opinion and Mandate

Date: Aug 8, 2026

Kansas Supreme Court’s Inherent Authority to Correct Its Own Opinion and Mandate Case: State v. Borders (Kan. Aug. 7, 2026) | Court: Supreme Court of Kansas 1. Introduction State v. Borders arises...

Hospital Staff Housing as Tax-Exempt Property When “Directly Incidental and Vitally Necessary” to Hospital Operations

Date: Aug 8, 2026

Hospital Staff Housing as Tax-Exempt Property When “Directly Incidental and Vitally Necessary” to Hospital Operations I. Introduction In City of Nome Equalization Board v. Norton Sound Health...

Legislative Immunity Bars Judicial Challenges to Alaska Legislative Ethics Committee Discipline Decisions (Including Due Process Claims)

Date: Aug 8, 2026

Legislative Immunity Bars Judicial Challenges to Alaska Legislative Ethics Committee Discipline Decisions (Including Due Process Claims) Case: Lora Reinbold v. State of Alaska and Alaska Legislature...

Concurrent Tribal–State Custody Disputes: Alaska Adopts a “First-to-File” Preferred Forum Rule and Requires Exhaustion of Tribal Jurisdictional Remedies

Date: Aug 8, 2026

Concurrent Tribal–State Custody Disputes: Alaska Adopts a “First-to-File” Preferred Forum Rule and Requires Exhaustion of Tribal Jurisdictional Remedies 1. Introduction Sarah Rachel Mallette v....

Alaska Adopts a Post-Waiver “Stop and Clarify” Rule for Ambiguous Requests for Counsel Under Article I, Sections 9 and 11

Date: Aug 8, 2026

Alaska Adopts a Post-Waiver “Stop and Clarify” Rule for Ambiguous Requests for Counsel Under Article I, Sections 9 and 11 Introduction In State of Alaska v. Steven Ridenour (Aug. 7, 2026), the Alaska...

Plenary Pension-Board Authority Under Article XVI, Section 17 Does Not Include Setting County Civil Service Classifications or Salaries Under CERL

Date: Aug 8, 2026

Plenary Pension-Board Authority Under Article XVI, Section 17 Does Not Include Setting County Civil Service Classifications or Salaries Under CERL Introduction In Los Angeles County Employees...

State v. Arrington: Expert Testimony Is Required to Assert New Jersey’s Insanity Defense

Date: Aug 8, 2026

State v. Arrington: Expert Testimony Is Required to Assert New Jersey’s Insanity Defense Court: Supreme Court of New Jersey Date: August 3, 2026 Case: State of New Jersey v. Jeremy Arrington...

People v. Hyatt (2026): Section 1381 Demands Require Delivery to State Prison; Magistrate Felony-Complaint Dismissals Are Appealable “Felony Cases”

Date: Aug 8, 2026

New Rules from People v. Hyatt (Cal. 2026): (1) Section 1381 Demands Are Premature Until Actual Delivery to CDCR Custody; (2) Magistrate Dismissal of a Felony Complaint Is an Appealable “Felony Case”...

Alternative-Choice Section 998 Offers: Validity Requires Clear Structure and at Least One Valuable, Certain Alternative

Date: Aug 8, 2026

Alternative-Choice Section 998 Offers: Validity Requires Clear Structure and at Least One Valuable, Certain Alternative 1. Introduction In Gorobets v. Jaguar Land Rover North America, LLC (Cal. Aug....

No Negligence Duty to Accelerate Development/Commercialization of an Unapproved “Safer” Drug When the Marketed Drug Is Concededly Nondefective

Date: Aug 8, 2026

No Negligence Duty to Accelerate Development/Commercialization of an Unapproved “Safer” Drug When the Marketed Drug Is Concededly Nondefective Case: Gilead Tenofovir Cases (Supreme Court of...

Codifying “Knowing, Intelligent, and Voluntary” Plea Colloquies and Record-Based Review in Pennsylvania Criminal Procedure

Date: Aug 8, 2026

Codifying “Knowing, Intelligent, and Voluntary” Plea Colloquies and Record-Based Review in Pennsylvania Criminal Procedure 1. Introduction Case: In Re: Order Amending Rules 115, 550, 590, and 591 of...

Negligent Loss of Dashcam Footage Does Not Create a Youngblood Due-Process Violation Without Bad Faith; Tennessee § 39-17-417 Cocaine Convictions Qualify as ACCA “Serious Drug Offense[s]”

Date: Aug 8, 2026

Negligent Loss of Dashcam Footage Does Not Create a Youngblood Due-Process Violation Without Bad Faith; Tennessee § 39-17-417 Cocaine Convictions Qualify as ACCA “Serious Drug Offense[s]” I....

Title IX Requires Physical Presence “in the United States” and Ex parte Young Does Not Permit “Instatement” Relief That Creates a New State-Funded Position

Date: Aug 8, 2026

Title IX Requires Physical Presence “in the United States” and Ex parte Young Does Not Permit “Instatement” Relief That Creates a New State-Funded Position I. Introduction In Mark Charlton-Perkins v....

Sixth Circuit Tightens § 1988 Fee-Shifting: Categorical Exclusion of Failed Class-Certification Time and Imposition of Blended Rates Where Billing Records Are Unreliable

Date: Aug 8, 2026

Sixth Circuit Tightens § 1988 Fee-Shifting: Categorical Exclusion of Failed Class-Certification Time and Imposition of Blended Rates Where Billing Records Are Unreliable I. Introduction In Marion...

Interstate Sovereign Immunity Extends to Sister-State Instrumentalities, with Primacy Given to the Creating State’s Classification

Date: Aug 8, 2026

Interstate Sovereign Immunity Extends to Sister-State Instrumentalities, with Primacy Given to the Creating State’s Classification 1. Introduction In Galette, C. v. NJ Transit (Appeal of: NJ...

Pennsylvania’s Bright-Line Timing Rule for Collateral-Order Appeals: 30 Days from Entry; Reconsideration Denials Do Not Extend the Deadline

Date: Aug 8, 2026

Pennsylvania’s Bright-Line Timing Rule for Collateral-Order Appeals: 30 Days from Entry; Reconsideration Denials Do Not Extend the Deadline Case: Khalil, S., Aplt. v. Mary Jane Home Enrich Center...