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  • Commentaries
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10th Circuit Case Commentaries

Corroborated Informant Tips and Scope of Associated Vehicles: Insights from United States v. Jenkins

Corroborated Informant Tips and Scope of Associated Vehicles: Insights from United States v. Jenkins

Date: Nov 23, 2002
Corroborated Informant Tips and Scope of Associated Vehicles: Insights from United States v. Jenkins (313 F.3d 549) Introduction United States v. Walter James Jenkins, 313 F.3d 549 (10th Cir. 2002),...
Expansion of §2241 Habeas Corpus Jurisdiction to Non-Criminal Aliens: Riley v. INS

Expansion of §2241 Habeas Corpus Jurisdiction to Non-Criminal Aliens: Riley v. INS

Date: Nov 6, 2002
Expansion of §2241 Habeas Corpus Jurisdiction to Non-Criminal Aliens: Riley v. INS Introduction Riley E. Riley, a native of Egypt and a citizen of Lebanon, faced deportation from the United States in...
Affirmation of Sentencing Guidelines Over Apprendi Claims in United States v. Lott

Affirmation of Sentencing Guidelines Over Apprendi Claims in United States v. Lott

Date: Nov 6, 2002
Affirmation of Sentencing Guidelines Over Apprendi Claims in United States v. Lott Introduction In United States v. Gary Allen Lott, the United States Court of Appeals for the Tenth Circuit addressed...
Tenth Circuit Establishes Knowledge of Public Land Not Required for ARPA Violations

Tenth Circuit Establishes Knowledge of Public Land Not Required for ARPA Violations

Date: Nov 6, 2002
Tenth Circuit Establishes Knowledge of Public Land Not Required for ARPA Violations Introduction In the case of United States of America v. James L. Quarrell, the United States Court of Appeals for...
Personal Jurisdiction and Statute of Limitations in Gift Tax Liability: United States v. Botefuhr et al.

Personal Jurisdiction and Statute of Limitations in Gift Tax Liability: United States v. Botefuhr et al.

Date: Nov 1, 2002
Personal Jurisdiction and Statute of Limitations in Gift Tax Liability: United States v. Botefuhr et al. Introduction The case of United States of America v. Charles E. Botefuhr, Defendant-Appellant,...
Tenth Circuit Affirms Lodestar Method for Chapter 7 Trustee Compensation, Rejecting Common Fund Approach

Tenth Circuit Affirms Lodestar Method for Chapter 7 Trustee Compensation, Rejecting Common Fund Approach

Date: Nov 1, 2002
Tenth Circuit Affirms Lodestar Method for Chapter 7 Trustee Compensation, Rejecting Common Fund Approach Introduction The case of In re MiniScribe Corporation, Debtor. Thomas H. Connolly, Trustee,...
Broad Interpretation of 21 U.S.C. §860(a) and Upholding Protective Frisk Standards in United States v. Harris

Broad Interpretation of 21 U.S.C. §860(a) and Upholding Protective Frisk Standards in United States v. Harris

Date: Oct 31, 2002
Broad Interpretation of 21 U.S.C. §860(a) and Upholding Protective Frisk Standards in United States v. Harris Introduction In the landmark case of United States v. Michael A. Harris, 313 F.3d 1228...
Legality of Traffic Stops Based on Out-of-State License Plate Compliance: United States v. Ramstad

Legality of Traffic Stops Based on Out-of-State License Plate Compliance: United States v. Ramstad

Date: Oct 25, 2002
Legality of Traffic Stops Based on Out-of-State License Plate Compliance: United States v. Ramstad Introduction United States of America v. Howard Lee Ramstad is a pivotal case adjudicated by the...
Establishing Pretext in Employment Discrimination: Insights from Garrett v. Hewlett-Packard

Establishing Pretext in Employment Discrimination: Insights from Garrett v. Hewlett-Packard

Date: Sep 26, 2002
Establishing Pretext in Employment Discrimination: Insights from Garrett v. Hewlett-Packard Introduction The case of Terry N. Garrett v. Hewlett-Packard Company, adjudicated by the United States...
Affirming the Dismissal of Contract and Antitrust Claims in Lantec, Inc. v. Novell, Inc.: A Comprehensive Legal Analysis

Affirming the Dismissal of Contract and Antitrust Claims in Lantec, Inc. v. Novell, Inc.: A Comprehensive Legal Analysis

Date: Sep 20, 2002
Affirming the Dismissal of Contract and Antitrust Claims in Lantec, Inc. v. Novell, Inc.: A Comprehensive Legal Analysis Introduction The case of Lantec, Inc., et al. v. Novell, Inc. adjudicated by...
Affirmation of Parole Search Validity and Control Over Cache Files in Child Pornography Possession – United States v. Tucker

Affirmation of Parole Search Validity and Control Over Cache Files in Child Pornography Possession – United States v. Tucker

Date: Sep 17, 2002
Affirmation of Parole Search Validity and Control Over Cache Files in Child Pornography Possession – United States v. Tucker Introduction United States of America v. Jeffrey Tucker, 305 F.3d 1193...
Tenth Circuit Reinforces Rigorous Standards for Environmental Impact Statements in Utahns for Better Transportation v. Department of Transportation

Tenth Circuit Reinforces Rigorous Standards for Environmental Impact Statements in Utahns for Better Transportation v. Department of Transportation

Date: Sep 17, 2002
Tenth Circuit Reinforces Rigorous Standards for Environmental Impact Statements in Utahns for Better Transportation v. Department of Transportation Introduction In the landmark case of Utahns for...
Clarifying 'Permitted by Law' under FDCPA: Tenth Circuit Limits Shoplifting Penalties on Dishonored Checks

Clarifying 'Permitted by Law' under FDCPA: Tenth Circuit Limits Shoplifting Penalties on Dishonored Checks

Date: Sep 6, 2002
Clarifying 'Permitted by Law' under FDCPA: Tenth Circuit Limits Shoplifting Penalties on Dishonored Checks Introduction The case of Brenda Johnson v. Jesse L. Riddle et al. (305 F.3d 1107, 10th Cir....
Duckett v. Mullin: Affirmation of Death Sentence Amidst Claims of Prosecutorial Misconduct and Ineffective Counsel

Duckett v. Mullin: Affirmation of Death Sentence Amidst Claims of Prosecutorial Misconduct and Ineffective Counsel

Date: Sep 5, 2002
Duckett v. Mullin: Affirmation of Death Sentence Amidst Claims of Prosecutorial Misconduct and Ineffective Counsel Introduction Duckett v. Mullin is a significant appellate decision from the United...
Likelihood of Confusion in Trademark and Trade Dress Infringement: Tenth Circuit Reverses Summary Judgment in Sally Beauty Co. v. Beautyco, Inc.

Likelihood of Confusion in Trademark and Trade Dress Infringement: Tenth Circuit Reverses Summary Judgment in Sally Beauty Co. v. Beautyco, Inc.

Date: Sep 4, 2002
Likelihood of Confusion in Trademark and Trade Dress Infringement: Tenth Circuit Reverses Summary Judgment in Sally Beauty Co. v. Beautyco, Inc. Introduction In Sally Beauty Company, Inc. v....
Affirmation of Procedural Default in Habeas Corpus Petitions

Affirmation of Procedural Default in Habeas Corpus Petitions

Date: Sep 4, 2002
Affirmation of Procedural Default in Habeas Corpus Petitions: Marshall Ellis v. Ste Introduction In the case of Marshall Henry Ellis, Petitioner-Appellant, v. Steve Hargett; Attorney General of the...
Comprehensive Commentary on St. Anthony Hospital v. United States Department of Health and Human Services

Comprehensive Commentary on St. Anthony Hospital v. United States Department of Health and Human Services

Date: Aug 29, 2002
St. Anthony Hospital v. United States Department of Health and Human Services: Establishing New Standards in EMTALA Reverse-Dumping Provisions Introduction The case of St. Anthony Hospital v. United...
Retaliation Claims under Title VII: Proof of Unlawful Motivation Required

Retaliation Claims under Title VII: Proof of Unlawful Motivation Required

Date: Aug 23, 2002
Retaliation Claims under Title VII: Proof of Unlawful Motivation Required Introduction In the landmark case of Merrilee Petersen v. Utah Department of Corrections, the United States Court of Appeals...
Reaffirming the Requirement of Physical Injury in Negligent Infliction of Emotional Distress: Wilson v. Muckala

Reaffirming the Requirement of Physical Injury in Negligent Infliction of Emotional Distress: Wilson v. Muckala

Date: Aug 22, 2002
Reaffirming the Requirement of Physical Injury in Negligent Infliction of Emotional Distress: Wilson v. Muckala Introduction The case of Veronica Wilson and Pete Terrell Wilson v. Kenneth Muckala,...
Disputed Job Elimination Requires Jury Determination in Employment Discrimination Claims

Disputed Job Elimination Requires Jury Determination in Employment Discrimination Claims

Date: Aug 22, 2002
Disputed Job Elimination Requires Jury Determination in Employment Discrimination Claims Introduction In Arcenio E. Garcia v. Pueblo Country Club, the United States Court of Appeals for the Tenth...
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