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  • Commentaries
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5th Circuit Case Commentaries

Chen v. Gonzales: Establishing Boundaries for Asylum and Convention Against Torture Relief

Chen v. Gonzales: Establishing Boundaries for Asylum and Convention Against Torture Relief

Date: Nov 23, 2006
Chen v. Gonzales: Establishing Boundaries for Asylum and Convention Against Torture Relief Introduction Xue Zhen Chen, a native and citizen of China, challenged the decision of the Board of...
Affirming Civil Liability Under CFAA §1030(a)(4): Comprehensive Analysis of FSI v. Roehrs

Affirming Civil Liability Under CFAA §1030(a)(4): Comprehensive Analysis of FSI v. Roehrs

Date: Nov 23, 2006
Affirming Civil Liability Under CFAA §1030(a)(4): Comprehensive Analysis of FSI v. Roehrs Introduction The case of Fiber Systems International, Inc. (FSI) v. Daniel Roehrs et al. adjudicated by the...
AEDPA Upholds Deference in Ineffective Assistance of Counsel Claims: St. Aubin v. Quarterman

AEDPA Upholds Deference in Ineffective Assistance of Counsel Claims: St. Aubin v. Quarterman

Date: Nov 22, 2006
AEDPA Upholds Deference in Ineffective Assistance of Counsel Claims: St. Aubin v. Quarterman Introduction In the landmark case of Keith Michael St. Aubin v. Nathaniel Quarterman, the United States...
Insufficient Probable Cause for DNA Seizure: Kohler v. Baton Rouge Appellate Decision

Insufficient Probable Cause for DNA Seizure: Kohler v. Baton Rouge Appellate Decision

Date: Nov 22, 2006
Insufficient Probable Cause for DNA Seizure: Kohler v. Baton Rouge Appellate Decision Introduction In Shannon Kohler v. Pat Englade et al., the United States Court of Appeals for the Fifth Circuit...
Affirmation of Conspiracy and Aiding and Abetting Convictions: Upholding Sufficient Evidence and Timely Appeal Procedures

Affirmation of Conspiracy and Aiding and Abetting Convictions: Upholding Sufficient Evidence and Timely Appeal Procedures

Date: Nov 21, 2006
Affirmation of Conspiracy and Aiding and Abetting Convictions: Upholding Sufficient Evidence and Timely Appeal Procedures Introduction The case of UNITED STATES of America v. Crystal Charlene...
Rigorous Standards for Preserving Constitutional Claims in Habeas Corpus Petitions: Insights from Wright v. Quarterman

Rigorous Standards for Preserving Constitutional Claims in Habeas Corpus Petitions: Insights from Wright v. Quarterman

Date: Nov 18, 2006
Rigorous Standards for Preserving Constitutional Claims in Habeas Corpus Petitions: Insights from Wright v. Quarterman Introduction In Gregory Edward Wright v. Nathaniel Quarterman, the United States...
Mandate Rule and Sentencing Guidelines in United States v. Pineiro: A Comprehensive Analysis

Mandate Rule and Sentencing Guidelines in United States v. Pineiro: A Comprehensive Analysis

Date: Nov 10, 2006
Mandate Rule and Sentencing Guidelines in United States v. Pineiro: A Comprehensive Analysis Introduction United States v. Francisco D. Pineiro is a pivotal case in the realm of federal sentencing...
Clarifying the McCorpen Standard for Maintenance and Cure: Jauch v. Nautical Services, Inc., 470 F.3d 207 (5th Cir. 2006)

Clarifying the McCorpen Standard for Maintenance and Cure: Jauch v. Nautical Services, Inc., 470 F.3d 207 (5th Cir. 2006)

Date: Nov 10, 2006
Clarifying the McCorpen Standard for Maintenance and Cure: Jauch v. Nautical Services, Inc. Introduction The case of Jon Anthony Jauch v. Nautical Services, Inc., 470 F.3d 207 (5th Cir. 2006), serves...
Brazos River Authority v. GE Ionics: Establishing Standards for Evidentiary Admissibility in Civil Breach of Warranty Claims

Brazos River Authority v. GE Ionics: Establishing Standards for Evidentiary Admissibility in Civil Breach of Warranty Claims

Date: Nov 7, 2006
Brazos River Authority v. GE Ionics: Establishing Standards for Evidentiary Admissibility in Civil Breach of Warranty Claims Introduction Brazos River Authority (BRA), a state agency responsible for...
Affirmation of Protective Sweep Doctrine in Warrantless Search: United States v. Bernard Charles

Affirmation of Protective Sweep Doctrine in Warrantless Search: United States v. Bernard Charles

Date: Nov 4, 2006
Affirmation of Protective Sweep Doctrine in Warrantless Search: United States v. Bernard Charles Introduction Case: UNITED STATES of America, Plaintiff-Appellee, v. Bernard Allen CHARLES,...
Reversing Summary Judgment in Employment Discrimination: Insights from Culwell v. City of Fort Worth

Reversing Summary Judgment in Employment Discrimination: Insights from Culwell v. City of Fort Worth

Date: Nov 1, 2006
Reversing Summary Judgment in Employment Discrimination: Insights from Culwell v. City of Fort Worth Introduction The case of Culwell and Conrad v. City of Fort Worth (468 F.3d 868) presents a...
Fifth Circuit Affirms Robbery as a Crime of Violence for Sentencing Enhancements

Fifth Circuit Affirms Robbery as a Crime of Violence for Sentencing Enhancements

Date: Nov 1, 2006
Fifth Circuit Affirms Robbery as a Crime of Violence for Sentencing Enhancements Introduction In the case of United States of America v. Pedro Santiesteban-Hernandez, the United States Court of...
Fifth Circuit Upholds Sentencing Enhancements for Intentional Trafficking in Counterfeit Goods, Mandates Restitution Based on Actual Loss

Fifth Circuit Upholds Sentencing Enhancements for Intentional Trafficking in Counterfeit Goods, Mandates Restitution Based on Actual Loss

Date: Oct 25, 2006
Fifth Circuit Upholds Sentencing Enhancements for Intentional Trafficking in Counterfeit Goods, Mandates Restitution Based on Actual Loss Introduction The case of United States of America v. Wajdi...
Asylum Eligibility and the 'Test Country' Requirement: Insights from Tesfamichael & Tessema-Damte v. Gonzales

Asylum Eligibility and the 'Test Country' Requirement: Insights from Tesfamichael & Tessema-Damte v. Gonzales

Date: Oct 25, 2006
Asylum Eligibility and the 'Test Country' Requirement: Insights from Tesfamichael & Tessema-Damte v. Gonzales Introduction The case of Senait Kidane Tesfamichael and Dawit Tessema-Damte v. Alberto R....
ERISA Preemption and State Law Claims: Insights from Bank of Louisiana v. Aetna U.S. Healthcare Inc.

ERISA Preemption and State Law Claims: Insights from Bank of Louisiana v. Aetna U.S. Healthcare Inc.

Date: Oct 19, 2006
ERISA Preemption and State Law Claims: Insights from Bank of Louisiana v. Aetna U.S. Healthcare Inc. Introduction The case of Bank of Louisiana v. Aetna U.S. Healthcare Inc., adjudicated by the...
Affirmation of CCE Liability in Online Pharmacy Operations: An Analysis of United States v. Fuchs

Affirmation of CCE Liability in Online Pharmacy Operations: An Analysis of United States v. Fuchs

Date: Oct 18, 2006
Affirmation of CCE Liability in Online Pharmacy Operations: An Analysis of United States v. Fuchs Introduction The case of United States of America v. Clayton H. Fuchs; Eugene Gonzales; Waldrick...
Defining Limits of Attorney-Client Privilege and Work Product Doctrine: SEC v. Brady

Defining Limits of Attorney-Client Privilege and Work Product Doctrine: SEC v. Brady

Date: Oct 17, 2006
Defining Limits of Attorney-Client Privilege and Work Product Doctrine: SEC v. Brady Introduction In the landmark case of Securities Exchange Commission (SEC) v. Gregory A. Brady, the United States...
Reversing Summary Dismissal: 5th Circuit Upholds Adequate Pleading Standards in Louisiana Credit Agreement Disputes

Reversing Summary Dismissal: 5th Circuit Upholds Adequate Pleading Standards in Louisiana Credit Agreement Disputes

Date: Oct 7, 2006
Reversing Summary Dismissal: 5th Circuit Upholds Adequate Pleading Standards in Louisiana Credit Agreement Disputes Introduction The case of EPCO Carbon Dioxide Products, Inc. v. JP Morgan Chase...
Establishing Limits on Qualified Immunity in Eighth Amendment Claims: Easter v. Powell

Establishing Limits on Qualified Immunity in Eighth Amendment Claims: Easter v. Powell

Date: Oct 6, 2006
Establishing Limits on Qualified Immunity in Eighth Amendment Claims: Easter v. Powell Introduction Easter v. Powell, 467 F.3d 459 (5th Cir. 2006), is a pivotal case in the realm of prisoners' rights...
Enhancing Tax Evasion Sentencing: U.S. v. Roush Establishes Critical Guideline Adherence

Enhancing Tax Evasion Sentencing: U.S. v. Roush Establishes Critical Guideline Adherence

Date: Oct 4, 2006
Enhancing Tax Evasion Sentencing: U.S. v. Roush Establishes Critical Guideline Adherence Introduction In the matter of UNITED STATES of America v. Edward Wesley Roush, Jr., the United States Court of...
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