[John Ross] Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

A hit-and-run collision occurred late Friday night on Interstate 280 near 7th Street in San Jose, resulting in injuries. The incident took place at approximately 10:52 PM on July 4, 2025, involving two vehicles. Emergency services, including the California Highway Patrol (CHP) and San Jose Fire Department, responded promptly to the scene. Initial reports indicated that lanes 3, 4, and 5 were blocked due to the collision, causing significant traffic disruptions. However, all lanes were reopened shortly before midnight, minimizing further inconvenience to motorists. The incident was initially classified as a traffic collision with unknown injuries but was later updated to a hit-and-run with injuries by the CHP. Authorities are actively investigating the incident to identify the driver responsible for fleeing the scene. Motorists are urged to exercise caution and report any information related to the incident to local law enforcement. Our thoughts are with those injured, and…

The Porter Law Group has presented a substantial settlement demand of $43.5 million in a medical malpractice case involving the alleged mishandling of a concerning PSA test result that led to a delayed prostate cancer diagnosis. The case highlights the devastating consequences of missed opportunities for early detection and intervention in cancer diagnosis. Was Your Prostate Cancer Misdiagnosed? Contact us to understand your legal options (free consultation). Contact Us The case centers around a 40-year-old patient who received a PSA test result of 3.88 ng/mL in December 2018, a value significantly higher than normal for his age group. According to the legal documentation, both a physician assistant and a physician failed to take appropriate action when presented with these concerning results, despite the test value being a potential…

Christine Savino | Cornell Law School, US A US federal judge in the Eastern District of New York on Monday blocked an attempt by President Donald Trump’s administration to end Temporary Protected Status (TPS) for Haitians five months earlier than scheduled. The court decision affects an estimated 521,000 Haitians who have received TPS protections allowing them to live and work legally in the US. Haitian TPS recipients will retain legal status and work authorization at least through February 2026, pending further litigation. Many expect the administration to appeal. US District Judge Brian M. Cogan ruled that abruptly ending TPS mid-designation violates statutory notice requirements and undermines beneficiaries’ reliance interests. He wrote, “When the Government confers a benefit over a fixed period of time, a beneficiary can reasonably expect to receive that benefit at least until the end of that fixed period.” *** Read more… *** UNITED STATES…

Jennifer Wang (Brown University), Andrew D. Selbst (UCLA School of Law), Suresh Venkatasubramanian (Brown University), & Solon Barocas (Microsoft Research; Cornell University) have posted Distinguishing Predictive and Generative AI in Regulation on SSRN. Here is the abstract: Over the past decade, policymakers have developed a set of regulatory tools to ensure AI development aligns with key societal goals. Many of these tools were initially developed in response to concerns with predictive AI and therefore encode certain assumptions about the nature of AI systems and the utility of certain regulatory approaches. With the advent of generative AI, however, some of these assumptions no longer hold, even as policymakers attempt to maintain a single regulatory target that covers both types of AI. In this paper, we identify four distinct aspects of generative AI that call for meaningfully different policy responses. These are the generality and adaptability of generative AI that…

In a startling but unsurprising decision, the Supreme Court last Friday dramatically shrank the ability of federal judges to issue universal injunctions. In Trump v. CASA, Justice Amy Coney Barrett, writing for the six Republican appointees, concludes that universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts.” For that reason, the universal injunctions that three separate district judges had entered against the Trump Administration’s Executive Order attempting to abolish birthright citizenship are no longer in force. For many, including the Justices, the case is about the proper role of the judiciary. Should judges be entering universal injunctions against policies that the Executive Branch is trying to enforce, even if those policies are unlawful? Should nonparties be able to benefit from an injunction awarded by a district judge? Or, perhaps more pointedly, should each of the hundreds of district judges…

Matthew Rimmer (Queensland University of Technology (QUT)) has posted Night at the Artificial Museum: Copyright Law and Artificial Intelligence (Culture Unbound: Journal of Current Cultural Research 2025) on SSRN. Here is the abstract: This essay explores the legal challenges and risks provided by tools associated with artificial intelligence (AI) for the protection, preservation, promotion, and regeneration of digital cultural heritage. In particular, it focuses on copyright litigation over AI training projects. However, it also touches upon other forms of intellectual property protection, such as trade mark law, publicity rights, patent law, and trade secrets. This article considers the implications of copyright litigation in respect of AI projects for galleries, libraries, archives, and museums (composing the GLAM sector). It surveys the host of copyright action over AI projects – looking at literary works, journalism, databases, artistic works, musical works,…

By Ronald Richenburg “Born on the Fourth of July” is the catchy title of a celebrated film, based on a book, which references a humorous patriotic American song with roots going back to the 18th century. Although in the film and the book the words are used in an ironic way, the tone is very different in the song where the singer describes himself as “a real live nephew of my Uncle Sam, born on the Fourth of July”.* The 4th of July has long been celebrated as the birthday of the United States, but the key events of 1776 occurred over a period of several weeks, and it has sometimes been suggested that the 2nd of July was of equal or even greater importance. Beginning in 1754, representatives from the various colonies met in a number of congresses. initially to discuss matters of common interest, and later to co-ordinate their responses to certain British policies that were causing increasing discontent. The last and most important of these…

A Louisiana Immigration Law Guide by Bloom Legal Network Navigating the immigration process in the United States can be overwhelming, especially when your ability to work and support yourself or your family is on the line. One of the most common and important questions we hear at Bloom Legal Network […] The post Can I Work While Waiting for My Green Card? appeared first on Bloom Legal Network.

Running from the police might seem like a justifiable, split-second decision made out of panic or fear. However, in Ohio, it can result in serious criminal charges. Whether on foot or behind the wheel, attempting to avoid law enforcement is a crime under state law. The consequences can include jail or prison time, fines, and even long-term damage to your record. If you’re facing charges related to fleeing the police, it’s important to understand how Ohio law treats this type of offense and what it could mean for your future. What Does Ohio Law Say About Evading the Police? Ohio Revised Code § 2921.331 covers failing to comply with an order or signal of a police officer. You can be charged if you fail to stop when a police officer signals you to pull over. This law applies to drivers who refuse to stop and try to escape, but it can also apply to people who flee on foot in certain circumstances. The offense can be charged as a misdemeanor or felony,…

 Pix credit hereI am delighted to post the draft text of remarks I have prepared for delivery at the Workshop on Smart Courts in Comparative Perspective. This workshop is part of the international and interdisciplinary research project"Smart Courts – Disruptive Technologies in China’s Judicial System” at the University of Cologne, funded by the Excellent Research Support Program as a University of Cologne Forum. The project is conducted by the Chair of Chinese Legal Culture and the Chair for Criminal and Criminal Procedure Law – German, European, and international Economic, Tax, and Medical Criminal Law at the University of Cologne.The workshop also integrates the Cologne Talks on Information Law of the Institute of Digitality at University of Cologne.The description of the workshop from its CfP gyves a good idea of the scope of the event: This workshop aims at bringing together international experts in the field of law, social and political…

“Trump Claims Sweeping Power to Nullify Laws, Letters on TikTok Ban Show; In purporting to license otherwise illegal conduct by tech firms, President Trump set a precedent expanding executive power, legal experts warned”: Charlie Savage of The New York Times has this report. And at the “Lawfare” blog, Alan Z. Rozenshtein has a post titled “The Government’s Astonishing Constitutional Claims on TikTok; The Justice Department is advancing a radical theory of presidential power, nullifying Congress’s foreign affairs powers whenever the president finds them inconvenient.”

Etong Armand Brice (Loyola University New Orleans) has posted Equity's Evolution Interrupted: The Supreme Court's Redefinition of Judicial Remedies in Trump v. Casa, Inc on SSRN. Here is the abstract: Historically, equity has been a venerable and adaptable branch of law, serving as a vital tool for delivering justice where the strict application of common law fell short. Its core strength, as recognized by legal scholars and judges alike, lies in its capacity to evolve its dynamic nature enables it to respond to new challenges and craft remedies that previous legal frameworks did not anticipate (Adams, 1916). This inherent flexibility has allowed equity to develop over time, adjusting to societal shifts and the increasing complexities of modern governance. Nonetheless, this perceived progression has recently been challenged by a significant judicial intervention most notably through the rise of "universal injunctions," which are broad judicial orders…

Divorcing is stressful, and dividing property can add to the confusion. Understanding how assets are split can help ease this challenge. How assets are categorized and divided plays a crucial role in ensuring a fair distribution for both parties involved. Having a clear understanding of the key factors can make a big difference in achieving a fair outcome. In Texas, the importance of this process is highlighted by its classification of property ownership during marriage. Understanding these classifications can prevent missteps and help smooth the journey. This guide explores the main aspects of dividing assets, helping you prepare for this important step in the divorce process. Understanding Community Property vs. Separate Property One of the first steps in property division during divorce is distinguishing between community property and separate property. In Texas, these two categories define how assets are classified and divided. Knowing this distinction is crucial…

It’s not everyday you have to deal with an insurance company. It’s not an interaction which people are accustomed to. Think about it. You don’t need legal advice to buy a pair of shoes. You don’t need legal advice when negotiating a price for a new/used car. You don’t need legal advice for a parent/teacher conference at school. You don’t need legal advice opening a bank account, or negotiating the terms of your mortgage. What’s set out above are adult interactions which we are used to in everyday life. But, when it comes to personal injury, car insurance and disability claims, we do need legal advice. We need legal advice because these interactions don’t happen everyday for consumers.  We need legal advice because there are complicated laws around getting compensation. We need legal advice because more often than not, these claims are disputed and often end up being litigated in Court. Given that our personal injury lawyers…

You hear that outside? Those fireworks mean that we're already into July and the summer submission cycle is less than a month away!For those writing legal scholarship, it's time to start polishing, revising, or (if you thrive under pressure) writing. Law journals open for their summer submission cycle around the beginning of August (though some upstarts like the Yale Law Journal open earlier). Before long, the game of submissions, expedites, and email refreshing will begin.This post addresses the law review submission process--focusing on strategies, tips, and related debates over the best approach to securing a good placement. Unlike some of my earlier discussions of the law review submission process, I'll steer clear of whether it's good or bad (though I do think it can be less terrible with a bit of effort). Instead, this is written with the status quo in mind, and how authors can best play the game under the existing rules. All of this is based on…

New York City (NYC) filed an amicus brief in a federal habeas corpus proceeding on Tuesday, supporting a former high school student who was arrested by Immigration and Customs Enforcement (ICE) after attending his mandatory immigration hearing in lower Manhattan. The city filed the brief in the US District Court for the Eastern District of New York in support of Jose Luis, arguing that his June 2 arrest—despite his clean record and pending Special Immigrant Juvenile (SIJ) application—reflects a broader pattern of ICE detaining immigrants who voluntarily attend legal proceedings. SIJ status is a US immigration benefit that provides a pathway to lawful permanent residency for foreign-born minors who have been abused, neglected, or abandoned by one or both of their parents, and who are under the jurisdiction of a juvenile court. The brief emphasized that immigrants comprise almost 40 percent of NYC’s population—over 3 million people—and are essential…

7 Legal Pitfalls to Avoid When Buying Property Buying property in Fort Lauderdale can be a profitable move—but without legal guidance, it can also be a minefield. A seasoned real estate attorney in Fort Lauderdale can help you avoid costly mistakes, delays, and disputes. Here are seven legal issues buyers must understand before signing a contract. 1. Failing to Review the Contract Thoroughly Florida real estate contracts are not one-size-fits-all. Many buyers rely on standard forms, unaware of hidden clauses or obligations. Michael Feinstein reviews every detail—purchase price adjustments, inspection periods, escrow terms—to ensure the agreement reflects your interests and avoids post-closing surprises. 2. Overlooking Title Defects or Liens Even luxury and waterfront properties can carry hidden legal baggage—unpaid taxes, HOA liens, or incorrect deed filings. Our legal team performs a full title examination and works to cure any defects before closing,…

[Several of the items on the Declaration's list of grievances against King George III also apply to Donald Trump today.] The Declaration of Independence. (National Archives.)  Today is July 4, and we appropriately celebrate the Declaration of Independence. The Declaration is best known for its ringing affirmation of the rights to  "Life, Liberty and the pursuit of Happiness." But it also contains a long list of grievances against King George III, by which the signers justified their decision to break from Britain. Sadly, many of these are relevant to Donald Trump's abuses of power today: "He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands." As I describe here, this wasn't just a matter of protecting the American colonies'…