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  • Commentaries
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4th Circuit Case Commentaries

Reaffirmation of Deliberate Indifference Standards for Medical Treatment in Incarceration under the Eighth Amendment

Reaffirmation of Deliberate Indifference Standards for Medical Treatment in Incarceration under the Eighth Amendment

Date: Jun 18, 2021
Reaffirmation of Deliberate Indifference Standards for Medical Treatment in Incarceration under the Eighth Amendment Introduction The case of Carey Hixson v. Michael Moran addresses critical issues...
Actual Notice in Title IX Student Harassment Cases: New Precedent in Doe v. Fairfax County School Board

Actual Notice in Title IX Student Harassment Cases: New Precedent in Doe v. Fairfax County School Board

Date: Jun 17, 2021
Actual Notice in Title IX Student Harassment Cases: New Precedent in Doe v. Fairfax County School Board Introduction In the landmark case Jane Doe v. Fairfax County School Board, the United States...
Affirmation of VDOC's Visitation Denial Policy in Desper v. Clarke: A New Precedent on Incarcerated Parents' Rights

Affirmation of VDOC's Visitation Denial Policy in Desper v. Clarke: A New Precedent on Incarcerated Parents' Rights

Date: Jun 16, 2021
Affirmation of VDOC's Visitation Denial Policy in Desper v. Clarke: A New Precedent on Incarcerated Parents' Rights Introduction The case of James Paul Desper v. Harold Clarke et al. addresses the...
Self-Representation and Impersonation: Key Takeaways from Ziegler v. United States

Self-Representation and Impersonation: Key Takeaways from Ziegler v. United States

Date: Jun 15, 2021
Self-Representation and Impersonation: Key Takeaways from Ziegler v. United States Introduction The case of United States of America v. Joseph R. Ziegler (1 F.4th 219) serves as a pivotal precedent...
Clarifying the Scope of ADA Title II and Reasonable Accommodations under the Rehabilitation Act: Boone v. Board of Governors of UNC

Clarifying the Scope of ADA Title II and Reasonable Accommodations under the Rehabilitation Act: Boone v. Board of Governors of UNC

Date: Jun 12, 2021
Clarifying the Scope of ADA Title II and Reasonable Accommodations under the Rehabilitation Act: Boone v. Board of Governors of the University of North Carolina Introduction Boone v. Board of...
ADA Does Not Require Employers to Create New Job-Share Positions for Disability Accommodations: Perdue v. Sanofi-Aventis U.S., LLC

ADA Does Not Require Employers to Create New Job-Share Positions for Disability Accommodations: Perdue v. Sanofi-Aventis U.S., LLC

Date: Jun 9, 2021
ADA Does Not Require Employers to Create New Job-Share Positions for Disability Accommodations: Perdue v. Sanofi-Aventis U.S., LLC Introduction In the case of Janet Perdue v. Sanofi-Aventis U.S.,...
Fourth Circuit Establishes RICO Conspiracy Not Categorically a Crime of Violence under 18 U.S.C. § 924(c)

Fourth Circuit Establishes RICO Conspiracy Not Categorically a Crime of Violence under 18 U.S.C. § 924(c)

Date: May 29, 2021
Fourth Circuit Establishes RICO Conspiracy Not Categorically a Crime of Violence under 18 U.S.C. § 924(c) Introduction In the case of UNITED STATES OF AMERICA v. Antonio Simmons, a/k/a Murdock, Doc,...
Fourth Circuit Affirms SSA Denial of Disability Benefits in Britt v. Saul

Fourth Circuit Affirms SSA Denial of Disability Benefits in Britt v. Saul

Date: May 29, 2021
Fourth Circuit Affirms SSA Denial of Disability Benefits in Britt v. Saul Introduction In the case of Juanita Britt v. Andrew M. Saul, decided on May 28, 2021, the United States Court of Appeals for...
Affirmed: Inmates' Limited Privacy Expectations in Prison Medical Settings - Payne v. Taslimi

Affirmed: Inmates' Limited Privacy Expectations in Prison Medical Settings - Payne v. Taslimi

Date: May 28, 2021
Affirmed: Inmates' Limited Privacy Expectations in Prison Medical Settings - Payne v. Taslimi Introduction Christopher N. Payne, an incarcerated individual at Deep Meadow Correctional Center in...
Enforceability of Global Appeal Waivers in Plea Agreements: U.S. v. Boutcher

Enforceability of Global Appeal Waivers in Plea Agreements: U.S. v. Boutcher

Date: May 27, 2021
Enforceability of Global Appeal Waivers in Plea Agreements: U.S. v. Boutcher Introduction In the case of United States of America v. Gerald Alex Boutcher (998 F.3d 603), the United States Court of...
Duty of Immigration Judges to Develop the Record in Pro Se Asylum Cases

Duty of Immigration Judges to Develop the Record in Pro Se Asylum Cases

Date: May 27, 2021
Duty of Immigration Judges to Develop the Record in Pro Se Asylum Cases Introduction The case of Miguel Angel Arevalo Quintero v. Merrick B. Garland before the United States Court of Appeals for the...
Fourth Circuit Expands Interpretation of Same-Sex Sexual Harassment under Title VII

Fourth Circuit Expands Interpretation of Same-Sex Sexual Harassment under Title VII

Date: May 22, 2021
Fourth Circuit Expands Interpretation of Same-Sex Sexual Harassment under Title VII Introduction In the landmark case Chazz J. Roberts v. Glenn Industrial Group, Inc., decided by the United States...
Establishing Municipal Liability: Fourth Circuit Reinstates Monell Claim in Burgess v. Goldstein

Establishing Municipal Liability: Fourth Circuit Reinstates Monell Claim in Burgess v. Goldstein

Date: May 15, 2021
Establishing Municipal Liability: Fourth Circuit Reinstates Monell Claim in Burgess v. Goldstein Introduction The case of Sabein Burgess v. Gerald Alan Goldstein et al., adjudicated by the United...
United States v. Jules A. Bartow: Narrowing the "Fighting Words" Exception under the First Amendment

United States v. Jules A. Bartow: Narrowing the "Fighting Words" Exception under the First Amendment

Date: May 12, 2021
United States v. Jules A. Bartow: Narrowing the "Fighting Words" Exception under the First Amendment Introduction The case of United States of America v. Jules A. Bartow centers on the criminal...
Balancing Compassionate Release and Sentencing Factors in the Time of COVID-19: High v. United States

Balancing Compassionate Release and Sentencing Factors in the Time of COVID-19: High v. United States

Date: May 8, 2021
Balancing Compassionate Release and Sentencing Factors in the Time of COVID-19: High v. United States Introduction United States of America v. Anthony Jerrod High, 997 F.3d 181 (4th Cir. 2021), is a...
Fourth Circuit Applies Gant Beyond Vehicles: Limits on Warrantless Searches of Personal Containers in Davis v. USA

Fourth Circuit Applies Gant Beyond Vehicles: Limits on Warrantless Searches of Personal Containers in Davis v. USA

Date: May 8, 2021
Fourth Circuit Applies Gant Beyond Vehicles: Limits on Warrantless Searches of Personal Containers in Davis v. USA Introduction In the case of United States of America v. Howard Davis, decided by the...
Enhancing Sentencing Analysis: Fourth Circuit Vacates Sentence Denial Under the First Step Act in United States v. Lancaster

Enhancing Sentencing Analysis: Fourth Circuit Vacates Sentence Denial Under the First Step Act in United States v. Lancaster

Date: May 8, 2021
Enhancing Sentencing Analysis: Fourth Circuit Vacates Sentence Denial Under the First Step Act in United States v. Lancaster Introduction United States of America v. Christopher Lancaster, 997 F.3d...
Battery Claims Excluded Under FTCA's Intentional-Tort Exception: Billups v. United States

Battery Claims Excluded Under FTCA's Intentional-Tort Exception: Billups v. United States

Date: May 7, 2021
Battery Claims Excluded Under FTCA's Intentional-Tort Exception: Billups v. United States Introduction In the case of Andrew J. Billups III v. United States, adjudicated by the United States Court of...
Terry v. Stirling: Affirmation of Ineffective Assistance of Counsel Claims under Martinez Framework

Terry v. Stirling: Affirmation of Ineffective Assistance of Counsel Claims under Martinez Framework

Date: May 6, 2021
Terry v. Stirling: Affirmation of Ineffective Assistance of Counsel Claims under Martinez Framework Introduction In the case of Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina...
Federal Officer Removal Statute Expanded: A New Precedent in Opioid Litigation

Federal Officer Removal Statute Expanded: A New Precedent in Opioid Litigation

Date: May 4, 2021
Federal Officer Removal Statute Expanded: A New Precedent in Opioid Litigation Introduction The legal landscape of opioid litigation saw a significant development in the case The County Board of...
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