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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...
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 Introduction Mary Lynn Shumate, a veteran...
“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 (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) 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 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 1. Introduction Lee Ann Sommerville, a South...
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 1. Introduction United States v. Cedric Lee Benton, Nos. 24-4029/4030 (4th...
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...
Reaffirming the “Sever-and-Remand” Doctrine for Defective Appeal Waivers and Sentencing Errors – Comment on United States v. Shoun Wright, Jr. Introduction The Fourth Circuit’s unpublished decision...
“The Central-Thesis Explanation” Standard after United States v. Terriwanna Carmichael 1. Introduction The Fourth Circuit’s unpublished decision in United States v. Terriwanna Carmichael, No. 24-4337...
The “Strickland Doctrine” Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees 1. Introduction In Caryn Strickland v. Nancy Moritz, the Court of Appeals for...
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Advertising Tax Gag Clause Introduction Chamber of Commerce of the United States v. Brooke Lierman is the latest...
Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C) Introduction Genovevo Alvarez Ronquillo v. Pamela Bondi...
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court 1. Introduction In Manuel Moreno v. Dr. Carol C. Bosholm, Nos....
Federal Rule of Evidence 601 Mandates Application of State Expert-Competency Rules in Federal Medical-Malpractice Actions: A Commentary on Manuel Moreno v. Carol Bosholm (4th Cir. 2025) 1....
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status...
The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025) Introduction Escobar-Salmeron v. Moyer is a...