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  • Commentaries
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1st Circuit Case Commentaries

Establishing the 'Shock the Conscience' Threshold for Substantive Due Process in Law Enforcement Conduct: DEPOUTOT v. RAFFAELLY

Establishing the 'Shock the Conscience' Threshold for Substantive Due Process in Law Enforcement Conduct: DEPOUTOT v. RAFFAELLY

Date: Oct 5, 2005
Establishing the 'Shock the Conscience' Threshold for Substantive Due Process in Law Enforcement Conduct: DEPOUTOT v. RAFFAELLY Introduction DEPOUTOT v. RAFFAELLY is a significant appellate decision...
Affirmation of Reverse Sting Operations: Upholding Admissibility of Coconspirator Statements and Sentencing Practices in Police Corruption Cases

Affirmation of Reverse Sting Operations: Upholding Admissibility of Coconspirator Statements and Sentencing Practices in Police Corruption Cases

Date: Sep 21, 2005
Affirmation of Reverse Sting Operations: Upholding Admissibility of Coconspirator Statements and Sentencing Practices in Police Corruption Cases Introduction The case of United States of America v....
Zarouite v. González: Reassessment of Asylum Eligibility Based on Changed Country Conditions

Zarouite v. González: Reassessment of Asylum Eligibility Based on Changed Country Conditions

Date: Sep 17, 2005
Zarouite v. González: Reassessment of Asylum Eligibility Based on Changed Country Conditions Introduction Zarouite v. González, 424 F.3d 60 (1st Cir. 2005), is a pivotal case in United States...
Pretrial Detainee’s Right to Due Process in Correctional Settings: Surprenant v. Rivas

Pretrial Detainee’s Right to Due Process in Correctional Settings: Surprenant v. Rivas

Date: Sep 10, 2005
Pretrial Detainee’s Right to Due Process in Correctional Settings: Surprenant v. Rivas Introduction In the landmark case of Surprenant v. Rivas, the United States Court of Appeals for the First...
Establishing Governmental Connection in Asylum Persecution Claims: Insights from Harutyunyan v. Gonzales

Establishing Governmental Connection in Asylum Persecution Claims: Insights from Harutyunyan v. Gonzales

Date: Sep 3, 2005
Establishing Governmental Connection in Asylum Persecution Claims: Insights from Harutyunyan v. Gonzales Introduction In Artur Harutyunyan v. Alberto R. Gonzales, 421 F.3d 64 (1st Cir. 2005), the...
Qualified Immunity in Mass Arrest Operations: Wilson v. City of Boston

Qualified Immunity in Mass Arrest Operations: Wilson v. City of Boston

Date: Sep 1, 2005
Qualified Immunity in Mass Arrest Operations: Wilson v. City of Boston Introduction In the landmark case Niquicia Wilson v. City of Boston et al. (421 F.3d 45, 1st Cir. 2005), the United States Court...
Interpreting Waiver Responsibilities and Insurance Exclusions in Scuba Diving Fatality: Sylva v. Culebra Dive Shop

Interpreting Waiver Responsibilities and Insurance Exclusions in Scuba Diving Fatality: Sylva v. Culebra Dive Shop

Date: Sep 1, 2005
Interpreting Waiver Responsibilities and Insurance Exclusions in Scuba Diving Fatality: Sylva v. Culebra Dive Shop Introduction The case Paul Sylva v. Culebra Dive Shop, et al. (389 F. Supp. 2d 189)...
Enhancing Public Access in Bankruptcy Proceedings: Insights from In re Gitto Global Corp.

Enhancing Public Access in Bankruptcy Proceedings: Insights from In re Gitto Global Corp.

Date: Sep 1, 2005
Enhancing Public Access in Bankruptcy Proceedings: Insights from In re Gitto Global Corp. Introduction The case of In re Gitto Global Corp. serves as a pivotal decision in the realm of bankruptcy...
Limits of Section 1983 Claims in Public Contract Disputes: Redondo-Borges v. HUD

Limits of Section 1983 Claims in Public Contract Disputes: Redondo-Borges v. HUD

Date: Aug 27, 2005
Limits of Section 1983 Claims in Public Contract Disputes: Redondo-Borges v. HUD Introduction In the appellate case Redondo-Borges, et al. v. United States Department of Housing and Urban...
Affirming Waiver of Appeal Rights in Plea Agreements: Insights from United States v. Ciampi

Affirming Waiver of Appeal Rights in Plea Agreements: Insights from United States v. Ciampi

Date: Aug 18, 2005
Affirming Waiver of Appeal Rights in Plea Agreements: Insights from United States v. Ciampi Introduction In United States v. Ciampi, the United States Court of Appeals for the First Circuit addressed...
United States v. Councilman: Expanded Interpretation of the Wiretap Act to Include Transient Electronic Storage

United States v. Councilman: Expanded Interpretation of the Wiretap Act to Include Transient Electronic Storage

Date: Aug 12, 2005
United States v. Councilman: Expanded Interpretation of the Wiretap Act to Include Transient Electronic Storage Introduction United States of America v. Bradford C. Councilman is a landmark case...
Affirming Rhode Island's Regulatory Authority over Liquor Franchise Licensing

Affirming Rhode Island's Regulatory Authority over Liquor Franchise Licensing

Date: Aug 11, 2005
A Comprehensive Commentary on Wine and Spirits Retailers, Inc. v. State of Rhode Island Introduction The case of Wine and Spirits Retailers, Inc. and John Haronian v. State of Rhode Island et al....
Extraterritorial Jurisdiction Under the Lanham Act: McBEE v. Delica Co., Ltd.

Extraterritorial Jurisdiction Under the Lanham Act: McBEE v. Delica Co., Ltd.

Date: Aug 3, 2005
Extraterritorial Jurisdiction Under the Lanham Act: McBEE v. Delica Co., Ltd. Introduction The case of Cecil McBEE v. DELICA Co., Ltd. (417 F.3d 107) adjudicated by the United States Court of Appeals...
Plain Error Review Applied to Delegation of Sentencing Authority in United States v. Padilla

Plain Error Review Applied to Delegation of Sentencing Authority in United States v. Padilla

Date: Jul 26, 2005
Plain Error Review Applied to Delegation of Sentencing Authority in United States v. Padilla Introduction United States v. Joel Padilla is a landmark decision by the United States Court of Appeals...
Affirming Apportionment of Liability in Medical Malpractice: HIMA v. Turabo Medical Center Partnership

Affirming Apportionment of Liability in Medical Malpractice: HIMA v. Turabo Medical Center Partnership

Date: Jul 16, 2005
Affirming Apportionment of Liability in Medical Malpractice: HIMA v. Turabo Medical Center Partnership Introduction The case of Maria Yolanda Marcano Rivera et al. v. Turabo Medical Center...
Affirmation of Summary Judgment in Ingram v. Brink's Inc.: Implications for Failure-to-Promote and Equal Pay Claims

Affirmation of Summary Judgment in Ingram v. Brink's Inc.: Implications for Failure-to-Promote and Equal Pay Claims

Date: Jul 16, 2005
Affirmation of Summary Judgment in Ingram v. Brink's Inc.: Implications for Failure-to-Promote and Equal Pay Claims Introduction The case of Kathleen M. Ingram v. Brink's, Incorporated (414 F.3d 222)...
Stone Webster Inc. Litigation: Distinguishing Pleading Standards for Securities Fraud Claims under PSLRA

Stone Webster Inc. Litigation: Distinguishing Pleading Standards for Securities Fraud Claims under PSLRA

Date: Jul 15, 2005
Stone Webster Inc. Litigation: Distinguishing Pleading Standards for Securities Fraud Claims under PSLRA Introduction In re Stone Webster, Inc., Securities Litigation is a pivotal case adjudicated by...
IRS's Right to Request Comprehensive Financial Information in Offers in Compromise: Analysis of Olsen v. United States

IRS's Right to Request Comprehensive Financial Information in Offers in Compromise: Analysis of Olsen v. United States

Date: Jul 9, 2005
IRS's Right to Request Comprehensive Financial Information in Offers in Compromise: Analysis of Olsen v. United States 1. Introduction The case of Richard E. Olsen v. United States, 414 F.3d 144 (1st...
Hearsay Admissibility and Confrontation Clause in Sentencing: Insights from United States v. Luciano

Hearsay Admissibility and Confrontation Clause in Sentencing: Insights from United States v. Luciano

Date: Jul 9, 2005
Hearsay Admissibility and Confrontation Clause in Sentencing: Insights from United States v. Luciano Introduction The case of United States v. Ernesto Luciano, adjudicated by the United States Court...
Standing Requirements in First Amendment Challenges: Insights from Osediacz v. City of Cranston

Standing Requirements in First Amendment Challenges: Insights from Osediacz v. City of Cranston

Date: Jul 7, 2005
Standing Requirements in First Amendment Challenges: Insights from Osediacz v. City of Cranston Introduction The case of Grace C. Osediacz v. City of Cranston, adjudicated by the United States Court...
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