Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments Introduction In A. Philip...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...
Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...
Prospective Only: Fourth Circuit Limits Ex parte Young Relief in Takings Cases to Post-Judgment Interest on State-Held Unclaimed Property Introduction In Steven G. Albert v. Brooke E. Lierman, the...
No Fifth Amendment Retaliation at Sentencing Without a Demonstrable Nexus: United States v. Johnathan Crawford (4th Cir. 2025) Introduction In this unpublished but instructive decision, the Fourth...
Bailey’s Spatial Constraint Does Not Bar a Probation Officer from Directing a Supervised-Releasee Home During Execution of a Residential Warrant Introduction In United States v. Matthew Scott Rocco,...
States Cannot Use § 3502(d) RIF Notice to Police Federal Personnel Management: Fourth Circuit Tightens Standing and Redressability in State of Maryland v. USDA Introduction In a published decision,...
Proper Parties, Proper Relief: Fourth Circuit Bars State Standing to Enjoin Federal Workforce Reductions Based on Missed RIF Notice Case: State of Maryland v. USDA (consolidated appeals Nos. 25-1248...
Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...
Fourth Circuit Clarifies Vaccine Act Exhaustion: Special Masters’ Timeliness Rulings Are Preclusive; Gardasil’s Table Listing Upheld Under the Presentment Clause Introduction In a published decision...
Fourth Circuit Clarifies: Special Masters’ Timeliness Rulings Under the Vaccine Act Are Preclusive Gatekeepers to Tort Suits; Gardasil’s Table Addition Comports with the Presentment Clause...
Timeliness Determinations Under the Vaccine Act Are Binding in Subsequent Tort Suits; Gardasil’s Addition to the Vaccine Injury Table Upheld Under the Presentment Clause Introduction This published...
Limitation Actions Do Not Implicate State Sovereign Immunity When the State Voluntarily Files a Claim: Fourth Circuit in Jackson Creek Marine v. State of Maryland Court: United States Court of...
Fourth Circuit sets damages blueprint for “uninsurability” claims: face value of life insurance is not the measure; plaintiffs must prove expected lifespan to quantify increased premiums with...
Material Support Means Substantial Aid to Terrorist Activities: Fourth Circuit Narrows INA Bar; Forced Cooking for Captors Is Not “Material Support” Introduction This published decision from the...
Residency‑Neutral, In‑State Educational Criteria in Cannabis Social‑Equity Licensing Do Not Discriminate Under the Dormant Commerce Clause Commentary on Justyna Jensen v. Maryland Cannabis...
Clear Ownership or No Injunction: Fourth Circuit Reaffirms Priority-of-Use for Unregistered Marks and Tightens UDTPA Use in Employer–Employee Branding Disputes Introduction This commentary analyzes...