On the other hand, this has thrown a wrench into a certain project I’ve left undescribed (see fn 1). Between this case, the 2d Cir.’s holding in Kachalsky, and whatever the 9th Cir. holds in Richards v. Prieto (assuming it’s decided next semester-ish), I’m going to have to rework substantial sections.
On the gripping hand, my project not only turned out to be timely, but by the time it’s done, it may even be on a circuit split!
And with that said, those astute readers of mine will likely have deduced the general subject of my law review article.
Now, back to studying. One more exam to go, and then this semester will be officially over.