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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
The Volokh Conspiracy
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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Water rights absurdities, ponderous parking ordinances, and fast trains.
John Ross | 10.2.2026 3:30 PM
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
New case! Last year, in Rivera v. Borough of Pottstown, a Pennsylvania appeals court ruled that individualized suspicion is required before gov't officials can get a warrant to search homes for code violations. Which was great! But now the borough is demanding that renters submit to suspicionless searches by private inspectors. So, folks, we're doing Rivera v. Pottstown II.
New on the Short Circuit podcast: We place our bets—sorry, predictions—on whether Kalshi is on the up-and-up when it comes to Indian gaming and on prediction market regulation more generally.
German company wins bid to supply trains (that can travel >186 mph) for new railroad from Rancho Cucamonga, Calif. to Las Vegas. (The company's trains currently travel 220 mph.) The first two trains will be built in Germany with American workers on hand for training—and then eight more Made in America. Losing bidder (whose trains "presently have a maximum speed of 160 miles per hour"): That's not Buy America enough. D.C. Circuit: It is. Rhode Island man jumps out of second-story window to evade arrest, breaking his feet and ankles; he claims he has to hobble around prison without doctor-recommended accommodations. Prison officials: The state tort claims act may waive sovereign immunity for "all actions of tort," but the state supreme court has never definitively said whether that applies to discrimination claims. First Circuit: We checked in with the Rhode Island Supreme Court on this, and they seemed pretty definitive. Legal research platform ROSS Intelligence trained its AI system on Westlaw headnotes. A copyright violation? Third Circuit: Yes. The headnotes are copyrightable and their use in training wasn't fair. It would obviously violate the First........© Reason.com
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