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  • Commentaries
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4th Circuit Case Commentaries

Procedural Adequacy in Sentencing: United States v. Hernandez

Procedural Adequacy in Sentencing: United States v. Hernandez

Date: Apr 28, 2010
Procedural Adequacy in Sentencing: United States v. Hernandez Introduction United States v. Benjamin Islas Hernandez, 603 F.3d 267 (4th Cir. 2010), is a pivotal case addressing the procedural...
Fourth Circuit Upholds Virginia's Restrictions on Alcohol Advertising in College Publications Under Central Hudson Test

Fourth Circuit Upholds Virginia's Restrictions on Alcohol Advertising in College Publications Under Central Hudson Test

Date: Apr 20, 2010
Fourth Circuit Upholds Virginia's Restrictions on Alcohol Advertising in College Publications Under Central Hudson Test Introduction In the case of Educational Media Company at Virginia Tech, Inc. v....
Preemption of State-Law Indemnity Claims under the ADA and FHA: Archstone v. Niles Bolton Associates

Preemption of State-Law Indemnity Claims under the ADA and FHA: Archstone v. Niles Bolton Associates

Date: Apr 20, 2010
Preemption of State-Law Indemnity Claims under the ADA and FHA: Archstone v. Niles Bolton Associates Introduction The case of Equal Rights Center et al. v. Archstone Multifamily Series I Trust et...
Selective Application of Physical Fitness Tests as Pretext for Gender Discrimination: Merritt v. Old Dominion Freight Line

Selective Application of Physical Fitness Tests as Pretext for Gender Discrimination: Merritt v. Old Dominion Freight Line

Date: Apr 10, 2010
Selective Application of Physical Fitness Tests as Pretext for Gender Discrimination: Merritt v. Old Dominion Freight Line Introduction Deborah Merritt, a female truck driver employed by Old Dominion...
Affirmation of Multiple Punishments under RICO and VICAR Statutes in Ayala v. United States

Affirmation of Multiple Punishments under RICO and VICAR Statutes in Ayala v. United States

Date: Apr 9, 2010
Affirmation of Multiple Punishments under RICO and VICAR Statutes in Ayala v. United States Introduction The case of United States v. Edgar Alberto Ayala pertains to the prosecution of members of the...
Affirmation of Drug Conspiracy and Money Laundering Convictions in United States v. Green & Boyd

Affirmation of Drug Conspiracy and Money Laundering Convictions in United States v. Green & Boyd

Date: Apr 6, 2010
Affirmation of Drug Conspiracy and Money Laundering Convictions in United States v. Green & Boyd Introduction The case of United States of America v. Phillip Wayne Green and Courtney Omar Boyd...
Defining Supervisory Authority in Sexual Harassment Cases: Fourth Circuit in Whitten v. Fred's, Inc.

Defining Supervisory Authority in Sexual Harassment Cases: Fourth Circuit in Whitten v. Fred's, Inc.

Date: Apr 2, 2010
Defining Supervisory Authority in Sexual Harassment Cases: Fourth Circuit in Whitten v. Fred's, Inc. Introduction Clara Whitten v. Fred's, Incorporated is a landmark case adjudicated by the United...
The Affirmation of Officer Expertise in Fourth Amendment Analysis: United States v. Johnson

The Affirmation of Officer Expertise in Fourth Amendment Analysis: United States v. Johnson

Date: Apr 2, 2010
The Affirmation of Officer Expertise in Fourth Amendment Analysis: United States v. Johnson Introduction In United States of America v. Larry Johnson, 599 F.3d 339 (4th Cir. 2010), the United States...
Affirmation of Summary Judgment: Reinforcing Attorney Diligence under Federal Rules 59(e) and 60(b)

Affirmation of Summary Judgment: Reinforcing Attorney Diligence under Federal Rules 59(e) and 60(b)

Date: Mar 27, 2010
Affirmation of Summary Judgment: Reinforcing Attorney Diligence under Federal Rules 59(e) and 60(b) Introduction The case Thomas Robinson v. Wix Filtration Corporation LLC, adjudicated in the United...
Affirmation of Death Sentence Under FDPA: United States v. Carlos Caro

Affirmation of Death Sentence Under FDPA: United States v. Carlos Caro

Date: Mar 18, 2010
Affirmation of Death Sentence Under FDPA: United States v. Carlos Caro Introduction In the landmark case United States of America v. Carlos David Caro, the United States Court of Appeals for the...
Clarifying the Application of Vulnerable Victim Adjustments: Insights from United States v. Llamas

Clarifying the Application of Vulnerable Victim Adjustments: Insights from United States v. Llamas

Date: Mar 18, 2010
Clarifying the Application of Vulnerable Victim Adjustments: Insights from United States v. Llamas Introduction United States v. Juan Luis Llamas is a pivotal case decided by the United States Court...
Fourth Circuit Limits Bankruptcy Courts' Jurisdiction Over Post-Petition Interest and Collection Costs

Fourth Circuit Limits Bankruptcy Courts' Jurisdiction Over Post-Petition Interest and Collection Costs

Date: Mar 13, 2010
Fourth Circuit Limits Bankruptcy Courts' Jurisdiction Over Post-Petition Interest and Collection Costs Introduction In the case of In re Lisa M. Kirkland, Debtor, the United States Court of Appeals...
Affirmation of First Amendment Rights in Airport Newspaper Rack Ban

Affirmation of First Amendment Rights in Airport Newspaper Rack Ban

Date: Mar 13, 2010
Affirmation of First Amendment Rights in Airport Newspaper Rack Ban Introduction The case of The News and Observer Publishing Company et al. v. Raleigh-Durham Airport Authority explores the...
Affirming Non-Qualification Under ADA: Essential Job Functions and Reasonable Accommodation in Residency Termination

Affirming Non-Qualification Under ADA: Essential Job Functions and Reasonable Accommodation in Residency Termination

Date: Mar 12, 2010
Affirming Non-Qualification Under ADA: Essential Job Functions and Reasonable Accommodation in Residency Termination Introduction In the case of Frank Shin, M.D., Plaintiff-Appellant, v. University...
Coleman v. United States & Shade Tree Lawn Care: Affirmation of Open and Obvious Condition Doctrine in FTCA Negligence Claims

Coleman v. United States & Shade Tree Lawn Care: Affirmation of Open and Obvious Condition Doctrine in FTCA Negligence Claims

Date: Mar 11, 2010
Coleman v. United States & Shade Tree Lawn Care: Affirmation of Open and Obvious Condition Doctrine in FTCA Negligence Claims Introduction In Coleman v. United States of America; Shade Tree Lawn...
Fourth Circuit Prohibits Presumptive Mandate of Sentencing Guidelines: Mendoza-Mendoza Decision

Fourth Circuit Prohibits Presumptive Mandate of Sentencing Guidelines: Mendoza-Mendoza Decision

Date: Mar 6, 2010
Fourth Circuit Prohibits Presumptive Mandate of Sentencing Guidelines: Mendoza-Mendoza Decision 1. Introduction United States of America v. Dario Mendoza-Mendoza, 597 F.3d 212 (4th Cir. 2010), is a...
Remand of Supplemental State Claims after Dismissal of Federal Claims: Christie Arrington v. City of Raleigh

Remand of Supplemental State Claims after Dismissal of Federal Claims: Christie Arrington v. City of Raleigh

Date: Mar 6, 2010
Remand of Supplemental State Claims after Dismissal of Federal Claims: Christie Arrington v. City of Raleigh Introduction Case: Christie Arrington, Administrator of the Estate of Nyles Arrington;...
Qualified Immunity Upholds Social Workers' Protection in Foster Care Due Process Claims: Doe v. SCDSS

Qualified Immunity Upholds Social Workers' Protection in Foster Care Due Process Claims: Doe v. SCDSS

Date: Mar 6, 2010
Qualified Immunity Upholds Social Workers' Protection in Foster Care Due Process Claims: Doe v. SCDSS Introduction In Jane Doe v. South Carolina Department of Social Services (SCDSS), the United...
United States v. Baptiste: Fourth Circuit Affirms Conviction and Clarifies Standards on Expert Testimony and Juror Intimidation

United States v. Baptiste: Fourth Circuit Affirms Conviction and Clarifies Standards on Expert Testimony and Juror Intimidation

Date: Feb 27, 2010
United States v. Baptiste: Fourth Circuit Affirms Conviction and Clarifies Standards on Expert Testimony and Juror Intimidation Introduction In United States v. Nigel Humphrey John Baptiste, 596 F.3d...
Exclusion of South Carolina Blue Light Violations from ACCA's Definition of Violent Felony

Exclusion of South Carolina Blue Light Violations from ACCA's Definition of Violent Felony

Date: Feb 26, 2010
Exclusion of South Carolina Blue Light Violations from ACCA's Definition of Violent Felony Introduction In the matter of United States of America v. Deangelo Sylvester Rivers, the United States Court...
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