Reaffirming the Attempted Murder Cross-Reference: Implications for Voluntary Intoxication in Federal Sentencing Introduction The case of UNITED STATES OF AMERICA v. SAMMY LEE ELLIS, JR., adjudicated...
Ensuring Adequate Discovery and Support for Pro Se Plaintiffs in Mental Health Treatment Cases Introduction The case of Brian Damon Farabee v. Dr. Robert Gardella, Christy F. McFarland, and Daniel...
Unilateral Modification Authority and the Formation of Arbitration Agreements: A New Precedent in Maryland Contract Law Introduction The judgment in Tiffany Johnson; Tracy I. Crider, individually and...
New Precedent on Content-Based Speech Restrictions: Unconstitutional Application of "Vulgar" Language Provisions I. Introduction The recent Fourth Circuit decision in Michael Moshoures v. City of...
Reimposing a De Facto “Stacked” § 924(c) Term as an Upward Variance After First Step Act § 403 1. Introduction United States v. Jason Scott (4th Cir. Mar. 13, 2025) addresses a recurring post–First...
Content-Based “Vulgar Language” Noise Limits Trigger Strict Scrutiny and Are Unconstitutional Unless Confined to Miller Obscenity Case: Michael Moshoures v. City of North Myrtle Beach, No. 24-1293...
Structural Error from Uninvestigated External Juror Influence and Counsel’s Failure to Demand a Remmer Inquiry Introduction In Jeremiah Sweeney v. Richard Graham, Jr. (4th Cir. Mar. 13, 2025)...
New Precedent on Tailored Digital and Employment Restrictions in Child Pornography Cases I. Introduction The United States Court of Appeals for the Fourth Circuit recently affirmed a criminal...
Ambiguity in Insurance Provisions: Favoring the Insured under South Carolina Law Introduction The case of JW Aluminum Company v. ACE American Insurance Company; Westport Insurance Corporation; AIG...
Procedural Unreasonableness in Upward Departures: A New Standard for Evaluating Sentencing Evidence and Expert Testimony Introduction In United States of America v. Tyzheem Kwazhon Nixon, the United...
Defendant Confrontation Rights and the Balancing Test for Hearsay in Supervised Release Revocation Introduction The case of United States of America v. Gerald Adrian Wheeler (a/k/a Bay-Bay) presents...
Establishing Digital Manifest Assent: The CuriosityStream Precedent on Online Arbitration Agreements Introduction The case of Rohan Dhruva; Joshua Stern v. CuriosityStream, Inc. presents a landmark...
Reliance on Counsel Must Be Weighed Before Dismissing a Chapter 13 Case for an Unauthorized Home Sale 1. Introduction This published Fourth Circuit decision arises from consolidated appeals in a...
Unpublished Fourth Circuit: No Duty to Grant Independent Medical Transport, Explicitly Rule on a Mitigation Motion, or Reject Meth “Ice” Guidelines Case: United States v. Kamron Miller, Sr. (4th Cir....
Advice-of-Counsel Must Be Weighed Before Dismissing a Chapter 13 Case for an Unauthorized Home Sale 1. Introduction Christine Sugar v. Michael Burnett is a published Fourth Circuit decision arising...
IRS Transcript Entries Cannot Trump Conflicting Deposition Testimony at Summary Judgment on Tax-Collection Tolling Case: United States v. Arthur Stover Court: U.S. Court of Appeals for the Fourth...
Maryland Unfair Competition May Be Proved by Cures Act “Information Blocking” (Without a Federal Private Right of Action) and Requires Good-Faith “Cannot Reach Agreeable Terms” Under the Manner...
Pre-Discovery Summary Judgment Against Pro Se Confined Plaintiffs Requires Meaningful Notice and a Real Opportunity for Rule 56(d) Discovery Case: Brian Farabee v. Robert Gardella, No. 21-7220 (4th...
Courts Must Decide Contract-Formation Attacks on Arbitration Clauses; Choice-of-Law Clauses Cannot Govern Formation; Unilateral “Sole Discretion” Change-in-Terms Renders Arbitration Illusory Under...
Unilateral “Change-Any-Term” Clauses Can Defeat Arbitration Formation Under Maryland Law Case: Tiffany Johnson; Tracy I. Crider v. Continental Finance Company, LLC; Continental Purchasing, LLC (Nos....