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  • Commentaries
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4th Circuit Case Commentaries

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)

Date: Aug 31, 2025
Schools Within Parks Sustain Firearm Bans on Facial Review; Signage-Based Enforcement Defeats Pre‑Enforcement Standing — A Structured Commentary on LaFave v. County of Fairfax (4th Cir. 2025)...
Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing in Hollis v. Morgan State University

Date: Aug 31, 2025
Title VII’s 90‑Day Rule Stays in Its Lane: Fourth Circuit Bars Relation‑Back for Discrete Acts and Rejects Cross‑Statute Procedural Borrowing Comprehensive Commentary on Hollis v. Morgan State...
Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts

Date: Aug 31, 2025
Discretion Required: Fourth Circuit Holds South Carolina’s Quasi‑Judicial Administrative Immunity Applies Only to Discretionary Acts Commentary on Tim Landholt v. Kendall Corley & Jeanette McBride,...
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases

Date: Aug 28, 2025
Projected Sold Adjustments Alone Do Not Establish Breach or Support Class Certification: Fourth Circuit Requires Concrete Injury and Individualized Proof of Underpayment in Total-Loss ACV Cases...
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Date: Aug 28, 2025
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025) Introduction In United States v. Abisail Ramirez Ponce, No....
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

Date: Aug 28, 2025
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits Introduction In United States v. William Dayshawn Wilson, a published decision...
Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Commentary: United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings

Date: Aug 25, 2025
United States v. Amir Golestan & Micfo, LLC – IP Addresses as “Property,” Ciminelli’s Limits, and the Scope of Rule 11 Immigration Warnings Introduction United States v. Golestan is the Fourth...
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson

Date: Aug 25, 2025
“No Constructive Conditional Plea”: The Fourth Circuit’s Clarification on Appellate Rights and Rogers Consistency in United States v. Kyrie Thompson Introduction In United States v. Kyrie Thompson,...
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens

Date: Aug 25, 2025
Fourth Circuit Clarifies That IPv4 Addresses Are “Property” Under the Federal Fraud Statutes and Sets Harmless-Error Standard for Rule 11 Immigration Warnings to Naturalized Citizens Introduction...
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Date: Aug 25, 2025
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025) 1. Introduction United States...
Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Date: Aug 25, 2025
First Amendment Licensing Rules Stop at the Executive Door: A Comprehensive Commentary on George Hawkins v. Glenn Youngkin, 92 F.4th ___ (4th Cir. 2025) 1. Introduction In George Hawkins v. Glenn...
Shumate v. Lynchburg: Fourth Circuit Clarifies the Non-Applicability of Eleventh-Amendment Immunity to Municipal Officials and Reinforces § 1367 Discretion

Shumate v. Lynchburg: Fourth Circuit Clarifies the Non-Applicability of Eleventh-Amendment Immunity to Municipal Officials and Reinforces § 1367 Discretion

Date: Aug 25, 2025
Shumate v. Lynchburg: Fourth Circuit Clarifies the Non-Applicability of Eleventh-Amendment Immunity to Municipal Officials and Reinforces § 1367 Discretion Introduction Mary Lynn Shumate, a veteran...
Glover v. EQT – The Fourth Circuit’s New Standard on Class Certification for Uniform Royalty-Payment Practices

Glover v. EQT – The Fourth Circuit’s New Standard on Class Certification for Uniform Royalty-Payment Practices

Date: Aug 25, 2025
“One Scheme, One Class” – Glover v. EQT and the Fourth Circuit’s Clarification that a Uniform Royalty-Payment Methodology Can Sustain Class Certification Despite Lease Variations Introduction William...
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

Date: Aug 25, 2025
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Date: Aug 25, 2025
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025) 1. Introduction In United States v. Mahatha,...
Fourth Circuit Holds that Alleged Structural Defects in Agency Adjudication Do Not Automatically Establish Irreparable Harm for Injunctive Relief – Comment on Joe Manis v. USDA

Fourth Circuit Holds that Alleged Structural Defects in Agency Adjudication Do Not Automatically Establish Irreparable Harm for Injunctive Relief – Comment on Joe Manis v. USDA

Date: Aug 25, 2025
Fourth Circuit Holds that Alleged Structural Defects in Agency Adjudication Do Not Automatically Establish Irreparable Harm for Injunctive Relief Commentary on Joe Manis v. U.S. Department of...
“Exposure-as-Injury”: The Fourth Circuit Confirms Medical-Monitoring Costs Alone Confer Article III Standing and Reins in Over-Zealous Daubert Gatekeeping

“Exposure-as-Injury”: The Fourth Circuit Confirms Medical-Monitoring Costs Alone Confer Article III Standing and Reins in Over-Zealous Daubert Gatekeeping

Date: Aug 25, 2025
“Exposure-as-Injury”: The Fourth Circuit Confirms Medical-Monitoring Costs Alone Confer Article III Standing and Reins in Over-Zealous Daubert Gatekeeping 1. Introduction Lee Ann Sommerville, a South...
United States v. Benton: Fourth Circuit Re-tools Harmless-Error Review for Unaddressed Mitigating Arguments at Sentencing

United States v. Benton: Fourth Circuit Re-tools Harmless-Error Review for Unaddressed Mitigating Arguments at Sentencing

Date: Aug 25, 2025
United States v. Benton: Fourth Circuit Re-tools Harmless-Error Review for Unaddressed Mitigating Arguments at Sentencing 1. Introduction In United States v. Cedric Lee Benton (Nos. 24-4029 &...
United States v. Benton: Clarifying Harmless-Error Review When Sentencing Courts Omit Discussion of Mitigating Arguments

United States v. Benton: Clarifying Harmless-Error Review When Sentencing Courts Omit Discussion of Mitigating Arguments

Date: Aug 25, 2025
United States v. Benton: Clarifying Harmless-Error Review When Sentencing Courts Omit Discussion of Mitigating Arguments 1. Introduction United States v. Cedric Lee Benton, Nos. 24-4029/4030 (4th...
Reaffirming § 922(g)(5) Post-Bruen & Refining Reasonable-Suspicion Stops: A Commentary on United States v. Murillo-Lopez (4th Cir. 2025)

Reaffirming § 922(g)(5) Post-Bruen & Refining Reasonable-Suspicion Stops: A Commentary on United States v. Murillo-Lopez (4th Cir. 2025)

Date: Aug 25, 2025
Reaffirming § 922(g)(5) Post-Bruen & Refining Reasonable-Suspicion Stops: Commentary on United States v. Herbert Murillo-Lopez, 90 F.4th 4302 (4th Cir. 2025) I. Introduction The Fourth Circuit’s...
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