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  • Commentaries
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1st Circuit Case Commentaries

First Circuit Upholds Constitutionality of Maine's PAC Registration and Disclosure Requirements

First Circuit Upholds Constitutionality of Maine's PAC Registration and Disclosure Requirements

Date: Aug 12, 2011
First Circuit Upholds Constitutionality of Maine's PAC Registration and Disclosure Requirements Introduction In the landmark case of National Organization for Marriage (NOM) v. Walter F. McKee, the...
Limitations on §1983 Retaliation Claims for Internal Police Department Complaints: Hamilton v. Mayor & City Council of Baltimore

Limitations on §1983 Retaliation Claims for Internal Police Department Complaints: Hamilton v. Mayor & City Council of Baltimore

Date: Aug 4, 2011
Limitations on §1983 Retaliation Claims for Internal Police Department Complaints: Hamilton v. Mayor & City Council of Baltimore Introduction In the case of Frances Hamilton v. Mayor & City Council...
Enhancing Indictment Specificity and Sufficiency in Sexual Conduct with Minors: Insights from United States v. Berk

Enhancing Indictment Specificity and Sufficiency in Sexual Conduct with Minors: Insights from United States v. Berk

Date: Jul 28, 2011
Enhancing Indictment Specificity and Sufficiency in Sexual Conduct with Minors: Insights from United States v. Berk Introduction In the landmark case of United States v. Michael A. Berk, the United...
Upholding Prison Security: First Circuit Affirms Shaving Policy as Constitutional

Upholding Prison Security: First Circuit Affirms Shaving Policy as Constitutional

Date: Jul 15, 2011
Upholding Prison Security: First Circuit Affirms Shaving Policy as Constitutional Introduction The case of Albert Kuperman v. William L. Wrenn et al. examines the balance between an inmate's...
Enforcement of RCRA and CWA Citizen Suits within Consent Decree Framework: Analysis of Chesapeake Bay Foundation v. Severstal Sparrows Point LLC

Enforcement of RCRA and CWA Citizen Suits within Consent Decree Framework: Analysis of Chesapeake Bay Foundation v. Severstal Sparrows Point LLC

Date: Jul 6, 2011
Enforcement of RCRA and CWA Citizen Suits within Consent Decree Framework: Analysis of Chesapeake Bay Foundation v. Severstal Sparrows Point LLC Introduction In the case of Chesapeake Bay Foundation,...
Spooner v. EEN: Affirming Discretion in Awarding Attorneys' Fees in Copyright Infringement Cases

Spooner v. EEN: Affirming Discretion in Awarding Attorneys' Fees in Copyright Infringement Cases

Date: Jul 6, 2011
Spooner v. EEN: Affirming Discretion in Awarding Attorneys' Fees in Copyright Infringement Cases Introduction In Spooner v. EEN, Inc. and Dan Egan, adjudicated by the United States Court of Appeals...
Deliberate Indifference to Inmate’s Medical Needs: A Comprehensive Analysis of Leavitt v. Correctional Medical Services, Inc.

Deliberate Indifference to Inmate’s Medical Needs: A Comprehensive Analysis of Leavitt v. Correctional Medical Services, Inc.

Date: Jun 30, 2011
Deliberate Indifference to Inmate’s Medical Needs: A Comprehensive Analysis of Leavitt v. Correctional Medical Services, Inc. Introduction Raymond D. Leavitt, an inmate within the Maine corrections...
Robidoux v. O'Brien: Affirming Defense Counsel's Strategic Decisions Under Strickland Standards

Robidoux v. O'Brien: Affirming Defense Counsel's Strategic Decisions Under Strickland Standards

Date: Jun 29, 2011
Robidoux v. O'Brien: Affirming Defense Counsel's Strategic Decisions Under Strickland Standards Introduction Robidoux v. O'Brien, 643 F.3d 334 (1st Cir. 2011), is a significant case addressing the...
Retaliation in Correctional Transfers: HANNON v. BEARD Establishes Rigorous Standards for Prima Facie Cases

Retaliation in Correctional Transfers: HANNON v. BEARD Establishes Rigorous Standards for Prima Facie Cases

Date: Jun 9, 2011
Retaliation in Correctional Transfers: HANNON v. BEARD Establishes Rigorous Standards for Prima Facie Cases Introduction In the landmark case of Francis Hannon v. Jeffrey Beard, adjudicated by the...
Clarification of "Public Auction" Under Maryland CLEC: Impact on Vehicle Repossession Practices

Clarification of "Public Auction" Under Maryland CLEC: Impact on Vehicle Repossession Practices

Date: Jun 8, 2011
Clarification of "Public Auction" Under Maryland CLEC: Impact on Vehicle Repossession Practices Introduction In the landmark case Randolph Scott v. Nuvell Financial Services LLC and Gladys Gardner v....
Qualified Immunity and Excessive Force: Insights from Mlodzinski v. Dually

Qualified Immunity and Excessive Force: Insights from Mlodzinski v. Dually

Date: Jun 3, 2011
Qualified Immunity and Excessive Force: Insights from Mlodzinski v. Dually Introduction Mlodzinski v. Dually is a pivotal case adjudicated by the United States Court of Appeals for the First Circuit...
Broadening FCA Liability: Blackstone Medical Case Expands False Claims Act Scope

Broadening FCA Liability: Blackstone Medical Case Expands False Claims Act Scope

Date: Jun 2, 2011
Broadening FCA Liability: Blackstone Medical Case Expands False Claims Act Scope Introduction In the pivotal case of UNITED STATES of America ex rel. Susan Hutcheson and Philip Brown v. Blackstone...
Legislative Immunity and Retaliatory Funding Cuts: Insights from Kensington Volunteer Fire Department v. Montgomery County

Legislative Immunity and Retaliatory Funding Cuts: Insights from Kensington Volunteer Fire Department v. Montgomery County

Date: Jun 1, 2011
Legislative Immunity and Retaliatory Funding Cuts: Insights from Kensington Volunteer Fire Department v. Montgomery County Introduction The case of Kensington Volunteer Fire Department, Inc., et al....
Mandate for Damages Hearings Following Willful Violations of Automatic Stay: Insights from In re Vázquez Laboy

Mandate for Damages Hearings Following Willful Violations of Automatic Stay: Insights from In re Vázquez Laboy

Date: May 28, 2011
Mandate for Damages Hearings Following Willful Violations of Automatic Stay: Insights from In re Vázquez Laboy Introduction The landmark case In re Luis G. Vázquez Laboy; Carmen D. García Calderón,...
Presumption of Irreparable Harm in Trademark Infringement: Insights from Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.

Presumption of Irreparable Harm in Trademark Infringement: Insights from Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.

Date: May 28, 2011
Presumption of Irreparable Harm in Trademark Infringement: Insights from Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc. Introduction The case of Voice of the Arab World, Inc. ("VOAW")...
Admissibility of Prior Bad Acts Evidence and Federal Habeas Corpus Exhaustion in Coningford v. Rhode Island

Admissibility of Prior Bad Acts Evidence and Federal Habeas Corpus Exhaustion in Coningford v. Rhode Island

Date: May 20, 2011
Admissibility of Prior Bad Acts Evidence and Federal Habeas Corpus Exhaustion in Coningford v. Rhode Island Introduction Coningford v. Rhode Island (640 F.3d 478, 2011) is a significant appellate...
Recklessness Suffices for "Misdemeanor Crime of Domestic Violence" Under 18 U.S.C. §922(g)(9)

Recklessness Suffices for "Misdemeanor Crime of Domestic Violence" Under 18 U.S.C. §922(g)(9)

Date: May 3, 2011
Recklessness Suffices for "Misdemeanor Crime of Domestic Violence" Under 18 U.S.C. §922(g)(9) Introduction In the case of United States of America v. Russell E. Booker and Michael Wyman, the United...
Clarifying Non-Custodial Interrogations and Upholding Voluntary Confessions: Insights from U.S. v. Hughes

Clarifying Non-Custodial Interrogations and Upholding Voluntary Confessions: Insights from U.S. v. Hughes

Date: Apr 9, 2011
Clarifying Non-Custodial Interrogations and Upholding Voluntary Confessions: Insights from U.S. v. Hughes Introduction United States of America v. Jon R. Hughes is a pivotal case decided by the...
Affirming CSRA's Exclusive Remedy in Employment Bar Cases: Analysis of Elgin v. United States

Affirming CSRA's Exclusive Remedy in Employment Bar Cases: Analysis of Elgin v. United States

Date: Apr 9, 2011
Affirming CSRA's Exclusive Remedy in Employment Bar Cases: Analysis of Elgin v. United States, 641 F.3d 6 (1st Cir. 2011) 1. Introduction The case of Michael B. Elgin et al. v. United States...
Enhancing the Plausibility Standard in Political Discrimination Claims: Ocasio-Hernandez v. Fortuño-Burset

Enhancing the Plausibility Standard in Political Discrimination Claims: Ocasio-Hernandez v. Fortuño-Burset

Date: Apr 2, 2011
Enhancing the Plausibility Standard in Political Discrimination Claims: Ocasio-Hernandez v. Fortuño-Burset Introduction The case of Carmen M. Ocasio-Hernández et al. v. Luis Fortuño-Burset et al....
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