E. Supp. 2014

An Exhausting Idea: The Fifth Circuit Examines the Idea Exhaustion Requirement in Stewart v. Waco Independent School District

Abstract: On March 14, 2013, in Stewart v. Waco Independent School District, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiff was not required to administratively exhaust her Rehabilitation Act claim under the Individuals with Disabilities Education Act (IDEA). In doing so, the Fifth Circuit created a precedent that could potentially […]

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A Murky Doctrine Gets a Little Pushback: The Fourth Circuit’s Rebuff of Guilty Pleas in United States v. Fisher

Abstract: On April 1, 2013, in United States v. Fisher, the U.S. Court of Appeals for the Fourth Circuit vacated a defendant’s guilty plea post-sentencing because of an officer’s impermissible conduct during the preceding investigation. In doing so, the court expanded on the “voluntariness” prerequisite outlined in the seminal 1970 U.S. Supreme Court case of […]

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The Eleventh Circuit Creates Uncertainty by Applying the Rule of Lenity in United States v. Izurieta

Abstract: On February 22, 2013, in United States v. Izurieta, the U.S. Court of Appeals for the Eleventh Circuit found 18 U.S.C. § 545—a federal statute criminalizing the importation of goods “contrary to law”—ambiguous as to whether it criminalizes violations of a regulation and, as a result, applied the rule of lenity. In reaching this conclusion, […]

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Avoiding Sorrow in Morrow: A Special Relationship Should Exist Between a School and Its Students

Abstract: In 2013, in Morrow v. Balaski, the U.S. Court of Appeals for the Third Circuit held that a school did not have a constitutional duty to protect two students from being bullied. The court reasoned that no special relationship existed between the school and the students and the school’s actions did not create the […]

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The Fifth Circuit Lays Economic Protectionism to Rest in St. Joseph Abbey

Abstract: On March 20, 2013, the U.S. Court of Appeals for the Fifth Circuit in St. Joseph Abbey v. Castille held that the economic protection of a discrete interest group does not constitute a legitimate state interest under rational basis review. In so holding, the court split from the Tenth Circuit, which held the opposite […]

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Just Following Orders: The Fifth Circuit’s Incomplete Analysis of Chapter 11 Bankruptcy Cramdown in In Re Village At Camp Bowie

Abstract: On February 26, 2013, the U.S. Court of Appeals for the Fifth Circuit in In re Village at Camp Bowie held that the Bankruptcy Code cramdown requirement in 11 U.S.C. § 1129(a)(10) that at least one impaired class accept the reorganization plan did not distinguish between economic and discretionary impairment. Rejecting the Eighth Circuit’s holding […]

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