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  • Commentaries
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4th Circuit Case Commentaries

4th Circuit Establishes Enhanced Scrutiny for Schlup Gateway Innocence Claims in Habeas Corpus Petitions

4th Circuit Establishes Enhanced Scrutiny for Schlup Gateway Innocence Claims in Habeas Corpus Petitions

Date: Aug 3, 2012
4th Circuit Establishes Enhanced Scrutiny for Schlup Gateway Innocence Claims in Habeas Corpus Petitions Introduction In Ivan Teleguz v. Warden, Sussex I State Prison, 689 F.3d 322 (4th Cir. 2012),...
Affirmation of Mandatory Life Imprisonment under 18 U.S.C. §3559(e) in Child Pornography Production Case

Affirmation of Mandatory Life Imprisonment under 18 U.S.C. §3559(e) in Child Pornography Production Case

Date: Aug 2, 2012
Affirmation of Mandatory Life Imprisonment under 18 U.S.C. §3559(e) in Child Pornography Production Case Introduction The case of United States of America v. Jesse Aaron Davison (492 F. App'x 391)...
RICO Conspiracy Liability Established Without Managerial Role – United States v. Mouzone and Fleming

RICO Conspiracy Liability Established Without Managerial Role – United States v. Mouzone and Fleming

Date: Jul 27, 2012
RICO Conspiracy Liability Established Without Managerial Role – United States v. Mouzone and Fleming Introduction In the case of United States of America v. Tavon Mouzone and Anthony Fleming, the...
Narrow Interpretation of CFAA in WEC Carolina Energy Solutions LLC v. Miller

Narrow Interpretation of CFAA in WEC Carolina Energy Solutions LLC v. Miller

Date: Jul 27, 2012
Narrow Interpretation of the Computer Fraud and Abuse Act in WEC Carolina Energy Solutions LLC v. Miller Introduction In the case of WEC Carolina Energy Solutions LLC v. Miller, the United States...
Affirmative Misadvice on Deportation Consequences Requires Vacatur of Conviction: Akinsade v. United States

Affirmative Misadvice on Deportation Consequences Requires Vacatur of Conviction: Akinsade v. United States

Date: Jul 26, 2012
Affirmative Misadvice on Deportation Consequences Requires Vacatur of Conviction: Akinsade v. United States Introduction In Akinsade v. United States, the United States Court of Appeals for the...
ACCA Sentencing and Plea Agreement Misrepresentation: Insights from United States v. Davis

ACCA Sentencing and Plea Agreement Misrepresentation: Insights from United States v. Davis

Date: Jul 24, 2012
ACCA Sentencing and Plea Agreement Misrepresentation: Insights from United States v. Davis Introduction In the case of United States of America v. William Thomas Davis, decided by the United States...
AEDPA Timeliness and Proper Filing Requirements under State Rules: Analysis of ESCALANTE v. WATSON (4th Cir. 2012)

AEDPA Timeliness and Proper Filing Requirements under State Rules: Analysis of ESCALANTE v. WATSON (4th Cir. 2012)

Date: Jul 19, 2012
AEDPA Timeliness and Proper Filing Requirements under State Rules: Analysis of ESCALANTE v. WATSON (4th Cir. 2012) Introduction Hector Vasquez Escalante v. Bryan Watson, Warden is a pivotal case...
Ensuring Procedural Integrity: NEPA Compliance in the Lost River Subwatershed Project

Ensuring Procedural Integrity: NEPA Compliance in the Lost River Subwatershed Project

Date: Jul 14, 2012
Ensuring Procedural Integrity: NEPA Compliance in the Lost River Subwatershed Project Introduction The case of Pat Webster et al. v. United States Department of Agriculture (2012) revolves around the...
Limitations on Retroactive Application of New Constitutional Rights in 28 U.S.C. §2255 Motions: Analysis of United States v. Mathur

Limitations on Retroactive Application of New Constitutional Rights in 28 U.S.C. §2255 Motions: Analysis of United States v. Mathur

Date: Jul 12, 2012
Limitations on Retroactive Application of New Constitutional Rights in 28 U.S.C. §2255 Motions: Analysis of United States v. Mathur Introduction United States v. Shahzad Mathur, 685 F.3d 396 (4th...
De Facto Abolition of Parole for Violent Offenders: Insights from Burnette v. Virginia Parole Board

De Facto Abolition of Parole for Violent Offenders: Insights from Burnette v. Virginia Parole Board

Date: Jul 10, 2012
De Facto Abolition of Parole for Violent Offenders: Insights from Burnette v. Virginia Parole Board Introduction The case of Burnette v. Virginia Parole Board (687 F.3d 171, 4th Cir. 2012) addresses...
McCarran-Ferguson Act Does Not Reverse Preempt New York Convention Arbitration Agreements

McCarran-Ferguson Act Does Not Reverse Preempt New York Convention Arbitration Agreements

Date: Jul 10, 2012
McCarran-Ferguson Act Does Not Reverse Preempt New York Convention Arbitration Agreements Introduction The case of ESAB Group, Incorporated v. Zurich Insurance PLC (685 F.3d 376) adjudicated by the...
Expansion of Equitable Remedies under ERISA Section 1132(a)(3): McCravy v. Metropolitan Life Insurance

Expansion of Equitable Remedies under ERISA Section 1132(a)(3): McCravy v. Metropolitan Life Insurance

Date: Jul 6, 2012
Expansion of Equitable Remedies under ERISA Section 1132(a)(3): McCravy v. Metropolitan Life Insurance Introduction In the landmark case of Debbie McCravy v. Metropolitan Life Insurance Company, the...
Fourth Circuit Clarifies RICO Pleading Standards: Dismissal of Civil Conspiracy Claim Against Perdue Farms for Inadequate Predicate Act Allegations

Fourth Circuit Clarifies RICO Pleading Standards: Dismissal of Civil Conspiracy Claim Against Perdue Farms for Inadequate Predicate Act Allegations

Date: Jul 6, 2012
Fourth Circuit Clarifies RICO Pleading Standards: Dismissal of Civil Conspiracy Claim Against Perdue Farms for Inadequate Predicate Act Allegations Introduction In the landmark case Bizzie Walters et...
Affirmation of Legislative Immunity in Budgetary Retaliation Claims: The Kensington Volunteer Fire Department Case

Affirmation of Legislative Immunity in Budgetary Retaliation Claims: The Kensington Volunteer Fire Department Case

Date: Jun 28, 2012
Affirmation of Legislative Immunity in Budgetary Retaliation Claims: The Kensington Volunteer Fire Department Case Introduction The case of Kensington Volunteer Fire Department, Inc.; Augustine M....
Probable Cause in Traffic Stops: Reinforcing the Necessity of Corroboration for Visual Speed Estimates

Probable Cause in Traffic Stops: Reinforcing the Necessity of Corroboration for Visual Speed Estimates

Date: Jun 27, 2012
Probable Cause in Traffic Stops: Reinforcing the Necessity of Corroboration for Visual Speed Estimates Introduction In the landmark case United States of America v. Sean C. Sowards, the United States...
Exhaustion of Administrative Remedies under the ADA: Insights from Carolyn McKay Sydnor v. Fairfax County

Exhaustion of Administrative Remedies under the ADA: Insights from Carolyn McKay Sydnor v. Fairfax County

Date: Jun 20, 2012
Exhaustion of Administrative Remedies under the ADA: Insights from Carolyn McKay Sydnor v. Fairfax County Introduction The case of Carolyn McKay Sydnor v. Fairfax County addresses pivotal issues...
Perry v. Kappos: Defining Disability Standards under the Rehabilitation Act

Perry v. Kappos: Defining Disability Standards under the Rehabilitation Act

Date: Jun 14, 2012
Perry v. Kappos: Defining Disability Standards under the Rehabilitation Act Introduction In the case of Chuckwudi Perry v. David Kappos, decided by the United States Court of Appeals for the Fourth...
Predicate-Act Doctrine Extends Copyright Protections to Foreign Infringements: Fourth Circuit Sets New Precedent

Predicate-Act Doctrine Extends Copyright Protections to Foreign Infringements: Fourth Circuit Sets New Precedent

Date: Jun 7, 2012
Predicate-Act Doctrine Extends Copyright Protections to Foreign Infringements: Fourth Circuit Sets New Precedent Introduction The United States Court of Appeals for the Fourth Circuit delivered a...
Mandatory Detention under 8 U.S.C. § 1226(c): HOSH v. LUCERO Establishes Deference to BIA Interpretations

Mandatory Detention under 8 U.S.C. § 1226(c): HOSH v. LUCERO Establishes Deference to BIA Interpretations

Date: May 26, 2012
Mandatory Detention under 8 U.S.C. § 1226(c): HOSH v. LUCERO Establishes Deference to BIA Interpretations Introduction The case of Hosh Mohamed HOSH, Petitioner–Appellee v. Enrique LUCERO addressed a...
4th Circuit Upholds Content-Neutral Zoning Ordinance Regulating Commercial Speech in Wag More Dogs v. Arlington County

4th Circuit Upholds Content-Neutral Zoning Ordinance Regulating Commercial Speech in Wag More Dogs v. Arlington County

Date: May 23, 2012
4th Circuit Upholds Content-Neutral Zoning Ordinance Regulating Commercial Speech in Wag More Dogs v. Arlington County Introduction In Wag More Dogs, LLC v. Norma J. Cozart, the United States Court...
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