E. Supp. Vol. 57

Immigrant Rights in Jeopardy: A Denial of Constitutional Protection in De La Paz v. Coy

Abstract: On May 14, 2015, in De La Paz v. Coy, the U.S. Court of Appeals for the Fifth Circuit held that immigrants cannot bring Bivens actions seeking damages against individual federal immigration officials for Fourth Amendment violations. The court reasoned that because the Immigration and Nationality Act of 1952 (“INA”) already provides immigrants with […]

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An Unsealed Package: The Ninth Circuit Creates a Circuit Split When Interpreting FDA Regulations on Food Label Nutrient Content Claims in Reid v. Johnson & Johnson

Abstract: On March 13, 2015, in Reid v. Johnson & Johnson, the U.S. Court of Appeals for the Ninth Circuit held that the statement “No Trans Fat” on the label of Benecol, a food that contains between 0 and 0.5 grams of trans fat, was not a permitted nutrient content claim. The court held that […]

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The Sky Is Not Falling, Todd Newman: The Ninth Circuit Endorses a Measured Reading of Newman’s Definition of Personal Benefit for Insider Trading Liability in United States v. Salman

Abstract: On July 6, 2015, the U.S. Court of Appeals for the Ninth Circuit, in United States v. Salman, declined to adopt the novel definition of the personal-benefit element for insider trading, as articulated by the U.S. Court of Appeals for the Second Circuit in United States v. Newman in December 2014. In so doing, […]

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Distribution to Undo Excess: The Ninth Circuit Looks to an Equitable Approach to Apportion the Costs of Environmental Cleanup in AmeriPride Services Inc. v. Texas Eastern Overseas Inc.

Abstract: On April 2, 2015, in AmeriPride Services Inc. v. Texas Eastern Overseas Inc., the U.S. Court of Appeals for the Ninth Circuit joined the U.S. Court of Appeals for the First Circuit in holding that district courts are not bound to a single method of distributing response costs in contribution actions under § 9613(f) of […]

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“Virtual Certainty” in a Digital World: The Sixth Circuit’s Application of the Private Search Doctrine to Digital Storage Devices in United States v. Lichtenberger

Abstract: In 2015 in United States v. Lichtenberger, the U.S. Court of Appeals for the Sixth Circuit held that police violated the Fourth Amendment by exceeding the scope of a private search of computer files. This decision deviated from holdings of the U.S. Courts of Appeals for the Fifth and Seventh Circuits, which held that […]

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Turkmen v. Hasty: The Second Circuit Holds Highest Ranking Law Enforcement Officials Accountable for Post-9/11 Policies Infringing on Constitutional Rights

Abstract: On June 17, 2015, in Turkmen v. Hasty, the Second Circuit of the U.S. Court of Appeals affirmed in part the order of the U.S. District Court for the District of New York. This order denied motions to dismiss due process and equal protection claims for damages against federal officials, a cause of action […]

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