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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Affirmation of 'Plainly Unreasonable' Standard for Probation Revocation Sentences in United States v. Moulden

Fourth Circuit Affirmation of 'Plainly Unreasonable' Standard for Probation Revocation Sentences in United States v. Moulden

Date: Mar 8, 2007
Fourth Circuit Affirmation of 'Plainly Unreasonable' Standard for Probation Revocation Sentences in United States v. Moulden Introduction In United States v. Moulden, 478 F.3d 652 (4th Cir. 2007),...
Right to Allocution in Resentencing: Insights from United States v. Muhammad

Right to Allocution in Resentencing: Insights from United States v. Muhammad

Date: Mar 7, 2007
Right to Allocution in Resentencing: Insights from United States v. Muhammad Introduction United States v. Abdul Hafeez Muhammad, 478 F.3d 247 (4th Cir. 2007), is a pivotal case addressing the...
Reasonable Discretion in RDAP Eligibility: Affirmation of BOP's Authority

Reasonable Discretion in RDAP Eligibility: Affirmation of BOP's Authority

Date: Mar 6, 2007
Reasonable Discretion in RDAP Eligibility: Affirmation of BOP's Authority Introduction The case of Anthony Dellarciprete v. Dominic Gutierrez, adjudicated in the United States District Court for the...
Advancing Gender Discrimination and Retaliation Protections: Lettieri v. Equant Incorporated

Advancing Gender Discrimination and Retaliation Protections: Lettieri v. Equant Incorporated

Date: Mar 6, 2007
Advancing Gender Discrimination and Retaliation Protections: Lettieri v. Equant Incorporated Introduction Lorraine Lettieri, a former Director of Alternate Sales Channel at Equant Incorporated...
Judicial Estoppel Without Bad Faith: Insights from Zinkand v. Brown

Judicial Estoppel Without Bad Faith: Insights from Zinkand v. Brown

Date: Mar 2, 2007
Judicial Estoppel Without Bad Faith: Insights from Zinkand v. Brown Introduction The case of Timothy Zinkand v. Timothy S. Brown addresses crucial issues surrounding the application of judicial...
Fraud Exception Requires Devious Acquisition: In re June L. Rountree

Fraud Exception Requires Devious Acquisition: In re June L. Rountree

Date: Feb 28, 2007
Fraud Exception Requires Devious Acquisition: In re June L. Rountree Introduction The case In re June L. Rountree, Debtor (478 F.3d 215) addresses the critical issue of dischargeability of debts in...
Fourth Circuit Upholds Warrantless Searches of Probationers Under Special Needs Doctrine

Fourth Circuit Upholds Warrantless Searches of Probationers Under Special Needs Doctrine

Date: Feb 27, 2007
Fourth Circuit Upholds Warrantless Searches of Probationers Under Special Needs Doctrine Introduction In the case of UNITED STATES of America v. Nicholas Omar Midgette (478 F.3d 616, 4th Cir. 2007),...
Strict Enforcement of PSLRA Standards Confirmed in Fourth Circuit's Dismissal of Securities Fraud Class Action

Strict Enforcement of PSLRA Standards Confirmed in Fourth Circuit's Dismissal of Securities Fraud Class Action

Date: Feb 21, 2007
Strict Enforcement of PSLRA Standards Confirmed in Fourth Circuit's Dismissal of Securities Fraud Class Action Introduction In the case of Teachers' Retirement System of Louisiana et al. v. Cree,...
United States v. Hadden (4th Cir. 2007): Establishing Hybrid Jurisdiction for §2255 Sentence Corrections

United States v. Hadden (4th Cir. 2007): Establishing Hybrid Jurisdiction for §2255 Sentence Corrections

Date: Feb 8, 2007
United States v. Hadden (4th Cir. 2007): Establishing Hybrid Jurisdiction for §2255 Sentence Corrections Introduction In United States v. Donathan Wayne Hadden, 475 F.3d 652 (4th Cir. 2007), the...
Distinguishing Termination from Rescission in Contractual Agreements: WMATA v. Potomac Investment

Distinguishing Termination from Rescission in Contractual Agreements: WMATA v. Potomac Investment

Date: Feb 2, 2007
Distinguishing Termination from Rescission in Contractual Agreements: WMATA v. Potomac Investment Introduction The case of Washington Metropolitan Area Transit Authority (WMATA) v. Potomac Investment...
Affirmation of Procedural Default Under N.C. Gen Stat §15A-1420(b)(1) in Habeas Corpus Petitions

Affirmation of Procedural Default Under N.C. Gen Stat §15A-1420(b)(1) in Habeas Corpus Petitions

Date: Feb 1, 2007
Affirmation of Procedural Default Under N.C. Gen Stat §15A-1420(b)(1) in Habeas Corpus Petitions Introduction The case of John Davis McNeill v. Marvin Polk, Warden, adjudicated by the United States...
Remedies Must Be Linked to Liability: Fourth Circuit Reverses City of Richmond's Unfounded ADA Funding Obligation

Remedies Must Be Linked to Liability: Fourth Circuit Reverses City of Richmond's Unfounded ADA Funding Obligation

Date: Jan 24, 2007
Remedies Must Be Linked to Liability: Fourth Circuit Reverses City of Richmond's Unfounded ADA Funding Obligation Introduction The case of Christopher Bacon et al. v. City of Richmond et al....
Honesty in Warrant Affidavits: Establishing Clear Fourth Amendment Protections in Miller v. Prince George's County

Honesty in Warrant Affidavits: Establishing Clear Fourth Amendment Protections in Miller v. Prince George's County

Date: Jan 23, 2007
Honesty in Warrant Affidavits: Establishing Clear Fourth Amendment Protections in Miller v. Prince George's County Introduction Miller v. Prince George's County is a pivotal case adjudicated by the...
Fourth Circuit Establishes Criteria for Modifying Confirmed Chapter 13 Plans

Fourth Circuit Establishes Criteria for Modifying Confirmed Chapter 13 Plans

Date: Jan 19, 2007
Fourth Circuit Establishes Criteria for Modifying Confirmed Chapter 13 Plans Introduction The case of In re James Owen Murphy, Jr., Debtor and In re Stanley Joseph Goralski; Ann Goralski, Debtors...
ERISA Preemption Upholds Maryland's Fair Share Health Care Fund Act

ERISA Preemption Upholds Maryland's Fair Share Health Care Fund Act

Date: Jan 18, 2007
ERISA Preemption Upholds Maryland's Fair Share Health Care Fund Act Introduction The case of Retail Industry Leaders Association v. James D. Fielder, Jr. addressed the conflict between Maryland's...
Gilliam v. South Carolina Department of Juvenile Justice: Clarifying Prima Facie Standards for Hostile Work Environment Claims in the Fourth Circuit

Gilliam v. South Carolina Department of Juvenile Justice: Clarifying Prima Facie Standards for Hostile Work Environment Claims in the Fourth Circuit

Date: Jan 17, 2007
Gilliam v. South Carolina Department of Juvenile Justice: Clarifying Prima Facie Standards for Hostile Work Environment Claims in the Fourth Circuit Introduction Jennifer Gilliam, an African-American...
Apparent Authority in Warrantless Searches: United States v. Buckner

Apparent Authority in Warrantless Searches: United States v. Buckner

Date: Jan 12, 2007
Apparent Authority in Warrantless Searches: United States v. Buckner Introduction United States of America v. Frank Gary Buckner, 473 F.3d 551 (4th Cir. 2007), addressed the critical issue of consent...
Enhanced Sentencing for Gang Association: Insights from United States v. Hernandez-Villanueva

Enhanced Sentencing for Gang Association: Insights from United States v. Hernandez-Villanueva

Date: Jan 11, 2007
Enhanced Sentencing for Gang Association: Insights from United States v. Hernandez-Villanueva Introduction United States of America v. Henry Geovany Hernandez-Villanueva (473 F.3d 118) is a pivotal...
RLUIPA Reinforcement: Inmate's Religious Rights Affirmed in Lovelace v. Lee et al.

RLUIPA Reinforcement: Inmate's Religious Rights Affirmed in Lovelace v. Lee et al.

Date: Dec 30, 2006
RLUIPA Reinforcement: Inmate's Religious Rights Affirmed in Lovelace v. Lee et al. Introduction In the case of Leroy A. Lovelace, Plaintiff-Appellant, v. Jack Lee; Gene Shinault; K. Lester,...
RLUIPA Upheld Under Spending Clause; Sovereign Immunity Limitations Affirmed

RLUIPA Upheld Under Spending Clause; Sovereign Immunity Limitations Affirmed

Date: Dec 30, 2006
RLUIPA Upheld Under Spending Clause; Sovereign Immunity Limitations Affirmed Introduction In Ira W. Madison v. Commonwealth of Virginia et al., 474 F.3d 118 (4th Cir. 2006), the United States Court...
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