E. Supp. Vol. 55_2014

Voting For Balance: The Third Circuit Splits With the Sixth Circuit Over the Press’s Right to Access Polling Stations in Pg Publishing Co. v. Aichele

Abstract: In 2013, in PG Publishing Co. v. Aichele, the U.S. Court of Appeals for the Third Circuit applied the experience and logic test to the voting process, contradicting the U.S. Court of Appeals for the Sixth Circuit’s previous application of a traditional forum analysis to the voting process in its 2004 Beacon Journal Publishing […]

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The Reasoning Behind a “Good Reason” Standard: The Seventh Circuit’s Analysis of Successor Liability in Teed V. Thomas & Betts Power Solutions, L.L.C.

Abstract: On January 9, 2013, the U.S. Court of Appeals for the Seventh Circuit held in Teed v. Thomas & Betts Power Solutions, L.L.C. that a federal common law standard for successor liability applies to claims arising under the Fair Labor Standards Act. In doing so, the court established a new, broader standard for successor […]

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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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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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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 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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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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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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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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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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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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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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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 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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