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  • Commentaries
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4th Circuit Case Commentaries

Establishing Probable Cause Without Reliance on Potentially Tainted Evidence: United States v. Terrell Allen

Establishing Probable Cause Without Reliance on Potentially Tainted Evidence: United States v. Terrell Allen

Date: Jan 22, 2011
Establishing Probable Cause Without Reliance on Potentially Tainted Evidence: United States v. Terrell Allen Introduction In United States v. Terrell Allen, 631 F.3d 164 (4th Cir. 2011), the United...
Affirmance of Standing Doctrine in Embryonic Stem Cell Research Funding: Mary Scott DOE v. Obama

Affirmance of Standing Doctrine in Embryonic Stem Cell Research Funding: Mary Scott DOE v. Obama

Date: Jan 22, 2011
Affirmance of Standing Doctrine in Embryonic Stem Cell Research Funding: Mary Scott DOE v. Obama Introduction Mary Scott DOE v. Obama, 631 F.3d 157 (4th Cir. 2011), addresses the contentious issue of...
Fourth Circuit Upholds 50% Overtime Premium in Mistaken Exemption Classification Cases Under FLSA

Fourth Circuit Upholds 50% Overtime Premium in Mistaken Exemption Classification Cases Under FLSA

Date: Jan 15, 2011
Fourth Circuit Upholds 50% Overtime Premium in Mistaken Exemption Classification Cases Under FLSA Introduction In the case of John Desmond, Plaintiff-Appellant, v. PNGI Charles Town Gaming, L.L.C.,...
Enhancing Brady Obligations: Fourth Circuit Mandates Disclosure of Grand Jury Testimony in Felony Firearm Possession Cases

Enhancing Brady Obligations: Fourth Circuit Mandates Disclosure of Grand Jury Testimony in Felony Firearm Possession Cases

Date: Jan 11, 2011
Enhancing Brady Obligations: Fourth Circuit Mandates Disclosure of Grand Jury Testimony in Felony Firearm Possession Cases Introduction In the landmark case of United States of America v. Lamont...
Establishing Citizen Standing and Notice Requirements in Environmental Litigation: FOE & CLEAN v. Gaston Copper Recycling Corp.

Establishing Citizen Standing and Notice Requirements in Environmental Litigation: FOE & CLEAN v. Gaston Copper Recycling Corp.

Date: Jan 6, 2011
Establishing Citizen Standing and Notice Requirements in Environmental Litigation: FOE & CLEAN v. Gaston Copper Recycling Corp. Introduction The case of Friends of the Earth, Incorporated; Citizens...
Enhancing Whistleblower Protections and Procedural Requirements in Federal Employment Litigation: BONDS v. LEAVITT

Enhancing Whistleblower Protections and Procedural Requirements in Federal Employment Litigation: BONDS v. LEAVITT

Date: Jan 4, 2011
Enhancing Whistleblower Protections and Procedural Requirements in Federal Employment Litigation: BONDS v. LEAVITT Introduction BONDS v. LEAVITT is a significant appellate decision from the United...
Establishing Intermediate Scrutiny in Second Amendment Challenges: United States v. Chester

Establishing Intermediate Scrutiny in Second Amendment Challenges: United States v. Chester

Date: Dec 31, 2010
Establishing Intermediate Scrutiny in Second Amendment Challenges: United States v. Chester Introduction The case of United States v. William Samuel Chester, Jr. (628 F.3d 673) adjudicated by the...
Extended Retroactivity of Substantive Rights under 28 U.S.C.A. §2255(f)(3): The Thomas v. United States Case

Extended Retroactivity of Substantive Rights under 28 U.S.C.A. §2255(f)(3): The Thomas v. United States Case

Date: Dec 30, 2010
Extended Retroactivity of Substantive Rights under 28 U.S.C.A. §2255(f)(3): The Thomas v. United States Case Introduction In the pivotal case of United States v. Thomas, 627 F.3d 534 (4th Cir. 2010),...
Fourth Circuit Affirms Separation of Church and State in County-Funded Development Project

Fourth Circuit Affirms Separation of Church and State in County-Funded Development Project

Date: Dec 24, 2010
Fourth Circuit Affirms Separation of Church and State in County-Funded Development Project Introduction In the case of Peter Glassman v. Arlington County, Virginia et al., adjudicated by the United...
Sexual Harassment Claims Affirmed Under Title VII in Mosby-Grant v. City of Hagerstown

Sexual Harassment Claims Affirmed Under Title VII in Mosby-Grant v. City of Hagerstown

Date: Dec 21, 2010
Sexual Harassment Claims Affirmed Under Title VII in Mosby-Grant v. City of Hagerstown Introduction In the landmark case of Mosby-Grant v. City of Hagerstown, the United States Court of Appeals for...
First Amendment Protections and Qualified Immunity in University Speech Policies: Analysis of Rock for Life-UMBC Case

First Amendment Protections and Qualified Immunity in University Speech Policies: Analysis of Rock for Life-UMBC Case

Date: Dec 17, 2010
First Amendment Protections and Qualified Immunity in University Speech Policies: Analysis of Rock for Life-UMBC Case Introduction The case of Rock for Life-UMBC, an unincorporated student...
Enforcement of International Forum Selection Clauses under English Law: Albemarle Corp. v. AstraZeneca UK Ltd.

Enforcement of International Forum Selection Clauses under English Law: Albemarle Corp. v. AstraZeneca UK Ltd.

Date: Dec 9, 2010
Enforcement of International Forum Selection Clauses under English Law: Albemarle Corp. v. AstraZeneca UK Ltd. Introduction The case of Albemarle Corporation and Albemarle International Corporation...
Limits of Police Authority During Traffic Stops: Comprehensive Analysis of United States v. Victor Mason

Limits of Police Authority During Traffic Stops: Comprehensive Analysis of United States v. Victor Mason

Date: Dec 9, 2010
Limits of Police Authority During Traffic Stops: Comprehensive Analysis of United States v. Victor Mason Introduction The case of United States of America v. Victor Eugene Mason (628 F.3d 123)...
Exhaustion of Remedies Required Before Habeas Corpus Under 18 U.S.C. § 4248: Analysis of Timms v. Johns

Exhaustion of Remedies Required Before Habeas Corpus Under 18 U.S.C. § 4248: Analysis of Timms v. Johns

Date: Dec 7, 2010
Exhaustion of Remedies Required Before Habeas Corpus Under 18 U.S.C. § 4248: Analysis of Timms v. Johns Introduction Gerald Wayne Timms challenged his continued detention under the provisions of 18...
Fourth Circuit Upholds Clear and Convincing Evidence Standard in Civil Commitment Under the Adam Walsh Act

Fourth Circuit Upholds Clear and Convincing Evidence Standard in Civil Commitment Under the Adam Walsh Act

Date: Dec 7, 2010
Fourth Circuit Upholds Clear and Convincing Evidence Standard in Civil Commitment Under the Adam Walsh Act Introduction The case of United States of America v. Graydon Earl Comstock, Jr. consolidated...
RAJU v. HOLDER: Upholding BIA's Denial of Motion to Reopen on Grounds of Ineffective Assistance of Counsel

RAJU v. HOLDER: Upholding BIA's Denial of Motion to Reopen on Grounds of Ineffective Assistance of Counsel

Date: Dec 2, 2010
RAJU v. HOLDER: Upholding BIA's Denial of Motion to Reopen on Grounds of Ineffective Assistance of Counsel Introduction In the case of Kulwinder Singh Raju v. Eric H. Holder, Jr., decided on December...
Exclusive State Court Jurisdiction Under Forum Selection Clauses: Insights from FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC

Exclusive State Court Jurisdiction Under Forum Selection Clauses: Insights from FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC

Date: Nov 30, 2010
Exclusive State Court Jurisdiction Under Forum Selection Clauses: Insights from FindWhere Holdings, Inc. v. Systems Environment Optimization, LLC Introduction The legal landscape surrounding forum...
Fourth Circuit Establishes Limits on Drug Quantity Inferences in Conspiracy to Distribute Heroin – United States v. Ke

Fourth Circuit Establishes Limits on Drug Quantity Inferences in Conspiracy to Distribute Heroin – United States v. Ke

Date: Nov 30, 2010
Fourth Circuit Establishes Limits on Drug Quantity Inferences in Conspiracy to Distribute Heroin – United States v. Ke Introduction United States of America v. Kevin Anthony Hickman, 626 F.3d 756...
Appellate Court Sets Precedent on Proximate Causation in Wrongful Death Cases

Appellate Court Sets Precedent on Proximate Causation in Wrongful Death Cases

Date: Nov 20, 2010
Appellate Court Sets Precedent on Proximate Causation in Wrongful Death Cases Introduction In Sherry R. Olson, Personal Representatives of the Estate of Timothy M. Olson v. Crowell Plumbing Heating...
Reaffirming Diversity Jurisdiction: JTH Tax Inc. v. Frashier and Its Implications

Reaffirming Diversity Jurisdiction: JTH Tax Inc. v. Frashier and Its Implications

Date: Nov 11, 2010
Reaffirming Diversity Jurisdiction: JTH Tax Inc. v. Frashier and Its Implications Introduction JTH Tax, Incorporated, d/b/a Liberty Tax Service v. Harry F. Frashier, II is a pivotal case decided by...
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