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  • Commentaries
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4th Circuit Case Commentaries

Eminent Domain and Preliminary Injunctions in Pipeline Construction: The Mountain Valley Pipeline Case

Eminent Domain and Preliminary Injunctions in Pipeline Construction: The Mountain Valley Pipeline Case

Date: Feb 6, 2019
Eminent Domain and Preliminary Injunctions in Pipeline Construction: The Mountain Valley Pipeline Case Introduction The Mountain Valley Pipeline, LLC case addresses the contentious issue of eminent...
Affirmation of MTA's Access Control as Legitimate Governmental Interest in McClure v. Ports

Affirmation of MTA's Access Control as Legitimate Governmental Interest in McClure v. Ports

Date: Jan 30, 2019
Affirmation of MTA's Access Control as Legitimate Governmental Interest in McClure v. Ports Introduction McClure v. Ports is a significant case adjudicated by the United States Court of Appeals for...
Williams v. Stirling: Strengthening the Duty of Defense Counsel in Investigating Fetal Alcohol Syndrome as Mitigating Evidence in Capital Sentencing

Williams v. Stirling: Strengthening the Duty of Defense Counsel in Investigating Fetal Alcohol Syndrome as Mitigating Evidence in Capital Sentencing

Date: Jan 28, 2019
Williams v. Stirling: Strengthening the Duty of Defense Counsel in Investigating Fetal Alcohol Syndrome as Mitigating Evidence in Capital Sentencing Introduction In Williams v. Stirling, the United...
Reaffirming Government’s Obligation to Honor Plea Agreements: The Edgell Decision

Reaffirming Government’s Obligation to Honor Plea Agreements: The Edgell Decision

Date: Jan 26, 2019
Reaffirming Government’s Obligation to Honor Plea Agreements: The Edgell Decision Introduction In the landmark case of United States of America v. Johnny Sylvester Edgell, 914 F.3d 281 (4th Cir....
United States v. Joseph DeCore Simms: Court of Appeals Establishes Precedent on Statutory Vagueness in "Crime of Violence" Definitions

United States v. Joseph DeCore Simms: Court of Appeals Establishes Precedent on Statutory Vagueness in "Crime of Violence" Definitions

Date: Jan 25, 2019
United States v. Joseph DeCore Simms: Court of Appeals Establishes Precedent on Statutory Vagueness in "Crime of Violence" Definitions Introduction In the landmark case of United States of America v....
Pinilla v. United States: Accrual Timing of FTCA Medical Malpractice Claims Dependent on Confirmation of Permanent Injury

Pinilla v. United States: Accrual Timing of FTCA Medical Malpractice Claims Dependent on Confirmation of Permanent Injury

Date: Jan 24, 2019
Pinilla v. United States: Accrual Timing of FTCA Medical Malpractice Claims Dependent on Confirmation of Permanent Injury Introduction In Pinilla v. United States, the United States Court of Appeals...
Strengthening NEPA’s 'Hard Look' Standard: 4th Circuit Affirms NC DOT’s Bridge Project Approval

Strengthening NEPA’s 'Hard Look' Standard: 4th Circuit Affirms NC DOT’s Bridge Project Approval

Date: Jan 24, 2019
Strengthening NEPA’s 'Hard Look' Standard: 4th Circuit Affirms NC DOT’s Bridge Project Approval Introduction The case of Save Our Sound OBX, Inc.; v. North Carolina Department of Transportation...
Enhanced Standards for Residual Functional Capacity Evaluations in SSI Cases: Analysis of Thomas v. Berryhill

Enhanced Standards for Residual Functional Capacity Evaluations in SSI Cases: Analysis of Thomas v. Berryhill

Date: Jan 16, 2019
Enhanced Standards for Residual Functional Capacity Evaluations in SSI Cases: Analysis of Thomas v. Berryhill Introduction In the landmark case of Nikki T. Thomas v. Nancy A. Berryhill, decided by...
Procedural Reasonableness in Sentencing: Upholding the Duty to Address Mitigation and Explain Supervised Release Conditions – United States v. Carl Javan Ross

Procedural Reasonableness in Sentencing: Upholding the Duty to Address Mitigation and Explain Supervised Release Conditions – United States v. Carl Javan Ross

Date: Jan 15, 2019
Procedural Reasonableness in Sentencing: Upholding the Duty to Address Mitigation and Explain Supervised Release Conditions – United States v. Carl Javan Ross Introduction The case of United States...
Fourth Circuit Establishes 180-Day Waiting Period for Title VII Civil Actions as Non-Jurisdictional and Commencing upon Initial Charge

Fourth Circuit Establishes 180-Day Waiting Period for Title VII Civil Actions as Non-Jurisdictional and Commencing upon Initial Charge

Date: Jan 9, 2019
Fourth Circuit Establishes 180-Day Waiting Period for Title VII Civil Actions as Non-Jurisdictional and Commencing upon Initial Charge Introduction The case of Fenyang Ajamu Stewart v. Andrei Iancu...
Equitable Tolling in Prison Litigation: The Battle v. Ledford Decision

Equitable Tolling in Prison Litigation: The Battle v. Ledford Decision

Date: Jan 9, 2019
Equitable Tolling in Prison Litigation: The Battle v. Ledford Decision Introduction Battle v. Ledford is a pivotal decision by the United States Court of Appeals for the Fourth Circuit, issued on...
Establishing Government Social Media Pages as Public Forums: Upholding First Amendment Protections

Establishing Government Social Media Pages as Public Forums: Upholding First Amendment Protections

Date: Jan 8, 2019
Establishing Government Social Media Pages as Public Forums: Upholding First Amendment Protections Introduction The case of Brian Davison v. Phyllis Randall addresses the intersection of governmental...
Enhancing Whistleblower Protections and Clarifying Pleading Standards under the False Claims Act: Grant v. United Airlines

Enhancing Whistleblower Protections and Clarifying Pleading Standards under the False Claims Act: Grant v. United Airlines

Date: Dec 27, 2018
Enhancing Whistleblower Protections and Clarifying Pleading Standards under the False Claims Act: Grant v. United Airlines Introduction In the landmark case of United States ex rel. David Grant v....
Strengthening Due Process Protections for Pretrial Detainees: Williamson v. Stirling Sets New Standards in Solitary Confinement Cases

Strengthening Due Process Protections for Pretrial Detainees: Williamson v. Stirling Sets New Standards in Solitary Confinement Cases

Date: Dec 22, 2018
Strengthening Due Process Protections for Pretrial Detainees: Williamson v. Stirling Sets New Standards in Solitary Confinement Cases Introduction In the landmark case of Williamson v. Stirling, the...
Deliberate Indifference Under Title IX: A Comprehensive Analysis of Feminist Majority Foundation v. Hurley

Deliberate Indifference Under Title IX: A Comprehensive Analysis of Feminist Majority Foundation v. Hurley

Date: Dec 20, 2018
Deliberate Indifference Under Title IX: A Comprehensive Analysis of Feminist Majority Foundation v. Hurley Introduction In the landmark case Feminist Majority Foundation; Feminists United on Campus;...
Enhanced Sentencing Guidelines for Public Officials in Fraud Conspiracies

Enhanced Sentencing Guidelines for Public Officials in Fraud Conspiracies

Date: Dec 7, 2018
Enhanced Sentencing Guidelines for Public Officials in Fraud Conspiracies Introduction In the case of United States of America v. Patricia G. Sullivan (No. 17-4457), the United States Court of...
Lester v. Flournoy: Establishing the Applicability of 28 U.S.C. §2241 for Sentencing Errors

Lester v. Flournoy: Establishing the Applicability of 28 U.S.C. §2241 for Sentencing Errors

Date: Dec 1, 2018
Lester v. Flournoy: Establishing the Applicability of 28 U.S.C. §2241 for Sentencing Errors Introduction The case of Stoney Lester v. J.V. Flournoy (909 F.3d 708, 4th Cir. 2018) serves as a pivotal...
Deference to Local Zoning Authorities Reinforced in Pulte v. Montgomery County

Deference to Local Zoning Authorities Reinforced in Pulte v. Montgomery County

Date: Nov 30, 2018
Deference to Local Zoning Authorities Reinforced in Pulte v. Montgomery County Introduction In the landmark case Pulte Home Corporation; Shiloh Farm Investments LLC v. Montgomery County, Maryland,...
Establishing Employer Liability in Hostile Work Environment and Retaliation Claims: Tamika Ray v. International Paper Company

Establishing Employer Liability in Hostile Work Environment and Retaliation Claims: Tamika Ray v. International Paper Company

Date: Nov 29, 2018
Establishing Employer Liability in Hostile Work Environment and Retaliation Claims: Tamika Ray v. International Paper Company Introduction In the landmark case of Tamika Ray v. International Paper...
Limits on Protected Activity under Title VII: Unauthorized Disclosure of Confidential Information

Limits on Protected Activity under Title VII: Unauthorized Disclosure of Confidential Information

Date: Nov 16, 2018
Limits on Protected Activity under Title VII: Unauthorized Disclosure of Confidential Information Introduction In the case of Catherine D. Netter v. Sheriff BJ Barnes, decided by the United States...
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