E. Supp. 2014

A Simple Concept in a Complicated World: Actual Causation, Mixed-Drug Deaths and the Eighth Circuit’s Opinion in United States v. Burrage

Abstract: On August 6, 2012, in United States v. Burrage, the U.S. Court of Appeals for the Eighth Circuit upheld the conviction of a defendant for the crime of distribution of drugs resulting in death where the defendant sold heroin that played a part in a mixed-drug overdose death. The court reasoned that the statute, […]

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Navigating the Turbulence: The First Circuit Clarifies the Preemptive Scope of the Airline Deregulation Act in Brown v. United Airlines

Abstract: On July 9, 2013, in Brown v. United Airlines, Inc., the U.S. Court of Appeals for the First Circuit held that the Airline Deregulation Act (“ADA”) preempted skycaps’ common law tortious interference and unjust enrichment claims. In so holding, the First Circuit articulated a two-pronged test in an attempt to provide clarity to the […]

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A Step in the Wrong Direction: The Ninth Circuit Requires Reasonable Suspicion for Forensic Examinations of Electronic Storage Devices During Border Searches in United States v. Cotterman

Abstract: On March 8, 2013, in United States v. Cotterman, the U.S. Court of Appeals for the Ninth Circuit—sitting en banc—held that U.S. border agents must have a reasonable suspicion of criminal activity before conducting a forensic search of an electronic storage device at the border. In reaching this conclusion, the court narrowed existing federal […]

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The “State” of Federal Bankruptcy Law: The Ninth Circuit’s Debt Recharacterization Analysis in In Re Fitness Holdings International

Abstract: On April 30, 2013, the U.S. Court of Appeals for the Ninth Circuit in In re Fitness Holdings International, Inc. held that bankruptcy courts have the authority to recharacterize debt as equity when the obligation does not constitute a “right to payment” under state law. In so holding, the court adhered to a state […]

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The Search for a Limited Search: The First Circuit Denies the Search of Cell Phones Incident to Arrest in United States v. Wurie

Abstract: On May 17, 2013, the U.S. Court of Appeals for the First Circuit in United States v. Wurie held that the warrantless search of a cell phone was not justified by the search-incident-to-arrest exception to the Fourth Amendment and was thus an illegal search. In doing so, the court declined to agree with other […]

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Caudle v. District of Columbia: The Golden Rule Has No Place in a Courtroom

Abstract: On February 15, 2013, the U.S. Court of Appeals for the District of Columbia in Caudle v. District of Columbia held that golden rule arguments made in the context of liability are prejudicial and can warrant the granting of a new trial. This Comment argues that the damages-liability distinction for golden rule arguments as […]

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