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  • Commentaries
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4th Circuit Case Commentaries

Fourth Circuit Upholds §1155 Discretion in Visa Petition Revocation, Limiting Judicial Review under §1252(a)(2)(B)(ii)

Fourth Circuit Upholds §1155 Discretion in Visa Petition Revocation, Limiting Judicial Review under §1252(a)(2)(B)(ii)

Date: Apr 8, 2020
Fourth Circuit Upholds §1155 Discretion in Visa Petition Revocation, Limiting Judicial Review under §1252(a)(2)(B)(ii) Introduction In the case of Roberto John Polfliet and Masato Kimiki v. Kenneth...
Title VII Retaliation Claims Not Applicable to Age Discrimination Allegations: Fourth Circuit Affirms Summary Judgment

Title VII Retaliation Claims Not Applicable to Age Discrimination Allegations: Fourth Circuit Affirms Summary Judgment

Date: Apr 8, 2020
Title VII Retaliation Claims Not Applicable to Age Discrimination Allegations: Fourth Circuit Affirms Summary Judgment Introduction In the case of Phillip B. Faulconer v. Centra Health, Inc., the...
Affirmation of ADEA Claim Dismissal: Insufficient Allegations of Age Discrimination

Affirmation of ADEA Claim Dismissal: Insufficient Allegations of Age Discrimination

Date: Apr 8, 2020
Affirmation of ADEA Claim Dismissal: Insufficient Allegations of Age Discrimination Introduction The case of Alan Scot Tickles v. Sheriff Terry S. Johnson addresses allegations of age discrimination...
Affirmation of Conviction in United States v. Fall: Upholding Digital Child Pornography Laws

Affirmation of Conviction in United States v. Fall: Upholding Digital Child Pornography Laws

Date: Apr 4, 2020
Affirmation of Conviction in United States of America v. Robert Michael Fall (4th Cir. 2020) Introduction The case of United States of America v. Robert Michael Fall involves the appellate...
Defining "Sex Offense" Under SORNA: Insights from Mixell v. United States

Defining "Sex Offense" Under SORNA: Insights from Mixell v. United States

Date: Apr 2, 2020
Defining "Sex Offense" Under SORNA: Insights from Mixell v. United States Introduction In the case of United States of America v. Christopher James Mixell, adjudicated by the United States Court of...
Functionality Doctrine Reinforced: CTB, Inc. v. Hog Slat, Inc. Establishes Limits on Trade Dress Protection

Functionality Doctrine Reinforced: CTB, Inc. v. Hog Slat, Inc. Establishes Limits on Trade Dress Protection

Date: Mar 28, 2020
Functionality Doctrine Reinforced: CTB, Inc. v. Hog Slat, Inc. Establishes Limits on Trade Dress Protection Introduction In CTB, Inc. v. Hog Slat, Inc., 954 F.3d 647 (4th Cir. 2020), the United...
Affirmation of ACCA Sentence: Clarifying Predicate Convictions in United States v. Judd

Affirmation of ACCA Sentence: Clarifying Predicate Convictions in United States v. Judd

Date: Mar 28, 2020
Affirmation of ACCA Sentence: Clarifying Predicate Convictions in United States v. Judd Introduction United States of America v. James Arthur Judd is a pivotal case adjudicated by the United States...
Fourth Circuit Establishes Structural Error Standard for Guilty Pleas under § 922(g)(1) Following Rehaif v. United States

Fourth Circuit Establishes Structural Error Standard for Guilty Pleas under § 922(g)(1) Following Rehaif v. United States

Date: Mar 26, 2020
Fourth Circuit Establishes Structural Error Standard for Guilty Pleas under § 922(g)(1) Following Rehaif v. United States Introduction The case of United States of America v. Michael Andrew Gary,...
Inclusion of Accomplice's Personal Use in Drug Quantity Calculation for Aiding-and-Abetting Distribution: U.S. v. Williamson

Inclusion of Accomplice's Personal Use in Drug Quantity Calculation for Aiding-and-Abetting Distribution: U.S. v. Williamson

Date: Mar 24, 2020
Inclusion of Accomplice's Personal Use in Drug Quantity Calculation for Aiding-and-Abetting Distribution: U.S. v. Williamson Introduction In the landmark case of United States of America v. Charles...
Fourth Circuit Establishes Multi-Object Conspiracy Applicability for 'Covered Offense' under the First Step Act

Fourth Circuit Establishes Multi-Object Conspiracy Applicability for 'Covered Offense' under the First Step Act

Date: Mar 24, 2020
Fourth Circuit Establishes Multi-Object Conspiracy Applicability for 'Covered Offense' under the First Step Act Introduction In the case of United States of America v. Brandon Shane Gravatt, the...
Presumption of Detention Prevails Over Pandemic-Related Release Requests: United States v. Adam Martin

Presumption of Detention Prevails Over Pandemic-Related Release Requests: United States v. Adam Martin

Date: Mar 18, 2020
Presumption of Detention Prevails Over Pandemic-Related Release Requests: United States v. Adam Martin Introduction The case United States of America v. Adam Martin, adjudicated in the United States...
Expanding Sentencing Reduction under the First Step Act: United States v. Derrick Redd

Expanding Sentencing Reduction under the First Step Act: United States v. Derrick Redd

Date: Mar 17, 2020
Expanding Sentencing Reduction under the First Step Act: United States v. Derrick Redd Introduction In United States v. Derrick Vincent Redd, the United States District Court for the Eastern District...
Stringent Standards for Compassionate Release: Analysis of United States v. Mangarella

Stringent Standards for Compassionate Release: Analysis of United States v. Mangarella

Date: Mar 16, 2020
Stringent Standards for Compassionate Release: Analysis of United States v. Mangarella Introduction In the case of United States of America v. Michael Attilio Mangarella, the United States District...
Expansion of ACCA Predicate Convictions: Insights from United States v. Clinton Lee Rumley

Expansion of ACCA Predicate Convictions: Insights from United States v. Clinton Lee Rumley

Date: Mar 14, 2020
Expansion of ACCA Predicate Convictions: Insights from United States v. Clinton Lee Rumley Introduction In the case of United States of America v. Clinton Lee Rumley, 952 F.3d 538 (4th Cir. 2020),...
Fourth Circuit Clarifies Article III Standing for RESPA Claims: Concrete Injury Requirement Affirmed

Fourth Circuit Clarifies Article III Standing for RESPA Claims: Concrete Injury Requirement Affirmed

Date: Mar 14, 2020
Fourth Circuit Clarifies Article III Standing for RESPA Claims: Concrete Injury Requirement Affirmed Introduction In the case of Patrick Baehr; Christine Baehr v. The Creig Northrop Team, P.C. et...
Reclassification of Texas Burglary as an Aggravated Felony: Pena v. United States

Reclassification of Texas Burglary as an Aggravated Felony: Pena v. United States

Date: Mar 12, 2020
Reclassification of Texas Burglary as an Aggravated Felony: Pena v. United States Introduction Pena v. United States (952 F.3d 503, United States Court of Appeals for the Fourth Circuit, 2020) marks...
Fourth Circuit Upholds Sentence Reduction Under the First Step Act: Implications for Banked Time in Supervised Release

Fourth Circuit Upholds Sentence Reduction Under the First Step Act: Implications for Banked Time in Supervised Release

Date: Mar 11, 2020
Fourth Circuit Upholds Sentence Reduction Under the First Step Act: Implications for Banked Time in Supervised Release Introduction The case of United States of America v. Ronald Samuel Jackson, 952...
EX PARTE YOUNG Exception Clarified in Biggs v. North Carolina Department of Public Safety

EX PARTE YOUNG Exception Clarified in Biggs v. North Carolina Department of Public Safety

Date: Mar 11, 2020
EX PARTE YOUNG Exception Clarified in Biggs v. North Carolina Department of Public Safety Introduction In the landmark case Ray C. Biggs v. North Carolina Department of Public Safety, the United...
Federal Officer Removal Statute's Applicability Narrowed in Climate Change Litigation: Baltimore v. BP

Federal Officer Removal Statute's Applicability Narrowed in Climate Change Litigation: Baltimore v. BP

Date: Mar 7, 2020
Federal Officer Removal Statute's Applicability Narrowed in Climate Change Litigation: Baltimore v. BP Introduction In the landmark case of Mayor and City Council of Baltimore v. BP P.L.C., the...
Braswell v. Smith: Refining the Wheeler Test for §2241 Habeas Corpus Relief

Braswell v. Smith: Refining the Wheeler Test for §2241 Habeas Corpus Relief

Date: Mar 5, 2020
Braswell v. Smith: Refining the Wheeler Test for §2241 Habeas Corpus Relief Introduction The case of Quentin Robert Braswell v. Donna M. Smith, adjudicated by the United States Court of Appeals for...
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