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  • Commentaries
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4th Circuit Case Commentaries

Affirmation of Giberts Plea Validity Under CIPA and SAMs: United States v. Moussaoui

Affirmation of Giberts Plea Validity Under CIPA and SAMs: United States v. Moussaoui

Date: Jan 5, 2010
Affirmation of Guilty Plea Validity Under CIPA and SAMs: United States v. Moussaoui Introduction In the landmark case of United States of America v. Zacarias Moussaoui, the United States Court of...
Enhancing Clarity on CDA §230 Immunity: Nemet Chevrolet v. Consumeraffairs.com

Enhancing Clarity on CDA §230 Immunity: Nemet Chevrolet v. Consumeraffairs.com

Date: Dec 30, 2009
Enhancing Clarity on CDA §230 Immunity: Nemet Chevrolet v. Consumeraffairs.com Introduction Nemet Chevrolet, Ltd; Thomas Nemet, d/b/a Nemet Motors, Plaintiff-Appellants, v. Consumeraffairs.com,...
Establishing Deliberate Indifference in Prison Medical Care: Smith v. Smith

Establishing Deliberate Indifference in Prison Medical Care: Smith v. Smith

Date: Dec 29, 2009
Establishing Deliberate Indifference in Prison Medical Care: Smith v. Smith Introduction Smith v. Smith, 589 F.3d 736 (4th Cir. 2009), is a pivotal case addressing the application of the Eighth...
United States v. Griffin: Clarifying Reasonable Suspicion and Protective Searches in Firearm Possession Cases

United States v. Griffin: Clarifying Reasonable Suspicion and Protective Searches in Firearm Possession Cases

Date: Dec 18, 2009
United States v. Griffin: Clarifying Reasonable Suspicion and Protective Searches in Firearm Possession Cases Introduction In the landmark case of United States v. Antonio Bernard Griffin, 589 F.3d...
Bostick v. Stevenson: Establishing the Right to Effective Counsel Consultation on Appeals

Bostick v. Stevenson: Establishing the Right to Effective Counsel Consultation on Appeals

Date: Dec 18, 2009
Bostick v. Stevenson: Establishing the Right to Effective Counsel Consultation on Appeals Introduction Roger O'Neill Bostick, the petitioner-appellant, challenged the decision of the United States...
Walker v. Kelly: Reinforcing Procedural Standards for Brady Claims in Federal Habeas Corpus

Walker v. Kelly: Reinforcing Procedural Standards for Brady Claims in Federal Habeas Corpus

Date: Dec 17, 2009
Walker v. Kelly: Reinforcing Procedural Standards for Brady Claims in Federal Habeas Corpus Introduction In the landmark case of Darick Demorris Walker v. Loretta K. Kelly, 589 F.3d 127 (4th Cir....
Affirmation of Qualified Immunity and Application of Twombly/Iqbal Standards in Public Employment Termination: Francis v. Clark

Affirmation of Qualified Immunity and Application of Twombly/Iqbal Standards in Public Employment Termination: Francis v. Clark

Date: Dec 3, 2009
Affirmation of Qualified Immunity and Application of Twombly/Iqbal Standards in Public Employment Termination: Francis v. Clark Introduction In Francis v. Clark, decided on December 2, 2009, the...
Reinforcing Confrontation Clause and Prosecutorial Conduct Standards in United States v. Johnson et al.

Reinforcing Confrontation Clause and Prosecutorial Conduct Standards in United States v. Johnson et al.

Date: Dec 3, 2009
Reinforcing Confrontation Clause and Prosecutorial Conduct Standards in United States v. Johnson et al. Introduction The case of United States of America v. Donna Conzuella Johnson et al., reported...
Sentencing in Federal Crimes Against Minors: Grubbs v. United States - Establishing Preponderance of Evidence in Sentencing Enhancements

Sentencing in Federal Crimes Against Minors: Grubbs v. United States - Establishing Preponderance of Evidence in Sentencing Enhancements

Date: Nov 7, 2009
Sentencing in Federal Crimes Against Minors: Grubbs v. United States - Establishing Preponderance of Evidence in Sentencing Enhancements Introduction The case United States of America v. Jimmie Vance...
Enhanced Procedural Safeguards for FTCA Claims: Fourth Circuit's Landmark Decision

Enhanced Procedural Safeguards for FTCA Claims: Fourth Circuit's Landmark Decision

Date: Oct 30, 2009
Enhanced Procedural Safeguards for FTCA Claims: Fourth Circuit's Landmark Decision Introduction In the case of Stacia Lynn KERNS, Individually, and as Personal Representative of the Estate of Dennis...
Qualified Immunity Affirmed in Malicious Prosecution Claim: Snider v. Lee

Qualified Immunity Affirmed in Malicious Prosecution Claim: Snider v. Lee

Date: Oct 7, 2009
Qualified Immunity Affirmed in Malicious Prosecution Claim: Snider v. Lee Introduction Kenzi Noris Elizabeth Snider v. Seung Lee et al. is a pivotal case adjudicated by the United States Court of...
Reaffirmation of the Economic Loss Rule in Warranty Claims: Kelly v. Georgia-Pacific LLC

Reaffirmation of the Economic Loss Rule in Warranty Claims: Kelly v. Georgia-Pacific LLC

Date: Oct 1, 2009
Reaffirmation of the Economic Loss Rule in Warranty Claims: Kelly v. Georgia-Pacific LLC Introduction In the landmark case of Earl Clyde Kelly v. Georgia-Pacific LLC, and Georgia Pacific Wood...
Rigorous Standards for Temporary Restraining Orders in Threatened State Prosecution: Insights from Field v. McMaster

Rigorous Standards for Temporary Restraining Orders in Threatened State Prosecution: Insights from Field v. McMaster

Date: Sep 25, 2009
Rigorous Standards for Temporary Restraining Orders in Threatened State Prosecution: Insights from Field v. McMaster Introduction The case of Arthur M. Field, Ph.D., Kathryn Taillon, T. Bart Kelley,...
First Amendment Protections for Hyperbolic Speech in Emotional Distress Tort Claims: SNYDER v. PHELPS Reversed

First Amendment Protections for Hyperbolic Speech in Emotional Distress Tort Claims: SNYDER v. PHELPS Reversed

Date: Sep 25, 2009
First Amendment Protections for Hyperbolic Speech in Emotional Distress Tort Claims: SNYDER v. PHELPS Reversed Introduction The case of Albert Snyder, Plaintiff-Appellee, v. Fred W. Phelps, Sr.;...
Monroe v. City of Charlottesville: Defining the Boundaries of Racial Profiling Under the Fourth and Fourteenth Amendments

Monroe v. City of Charlottesville: Defining the Boundaries of Racial Profiling Under the Fourth and Fourteenth Amendments

Date: Sep 1, 2009
Monroe v. City of Charlottesville: Defining the Boundaries of Racial Profiling Under the Fourth and Fourteenth Amendments Introduction In the landmark case of Monroe v. City of Charlottesville, Larry...
Carl Mel v. Townes: Application of Mootness Doctrine in Parole Ineligibility Habeas Actions

Carl Mel v. Townes: Application of Mootness Doctrine in Parole Ineligibility Habeas Actions

Date: Aug 20, 2009
Carl Mel v. Townes: Application of Mootness Doctrine in Parole Ineligibility Habeas Actions Introduction The case of Carl Mel v. Townes, decided by the United States Court of Appeals for the Fourth...
Waiver of Discrimination Claims and Hostile Work Environment Standards: Analysis of PUESCHEL v. PETERS

Waiver of Discrimination Claims and Hostile Work Environment Standards: Analysis of PUESCHEL v. PETERS

Date: Aug 19, 2009
Waiver of Discrimination Claims and Hostile Work Environment Standards: Analysis of PUESCHEL v. PETERS Introduction Deborah Katz Pueschel v. Mary E. Peters is a pivotal case adjudicated by the United...
Expanding Federal Jurisdiction: Passaro v. United States and the Scope of 18 U.S.C. §7(9)

Expanding Federal Jurisdiction: Passaro v. United States and the Scope of 18 U.S.C. §7(9)

Date: Aug 11, 2009
Expanding Federal Jurisdiction: Passaro v. United States and the Scope of 18 U.S.C. §7(9) Introduction The case of United States of America v. David A. Passaro (577 F.3d 207) represents a significant...
Affirmation of FEC Regulations on Express Advocacy: The Real Truth About Obama, Inc. v. FEC

Affirmation of FEC Regulations on Express Advocacy: The Real Truth About Obama, Inc. v. FEC

Date: Aug 6, 2009
Affirmation of FEC Regulations on Express Advocacy: The Real Truth About Obama, Inc. v. FEC Introduction The Real Truth About Obama, Inc., Plaintiff-Appellant, v. Federal Election Commission (FEC);...
Forcible Grooming in Maximum Security Units: RLUIPA Implications - Ke v. Smith

Forcible Grooming in Maximum Security Units: RLUIPA Implications - Ke v. Smith

Date: Aug 1, 2009
Forcible Grooming in Maximum Security Units: RLUIPA Implications Introduction Ke v. Smith, a landmark case adjudicated by the United States Court of Appeals for the Fourth Circuit on July 31, 2009,...
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