The Constitutionality of the Immigration and Nationality Act Called into Question Again: The Ninth Circuit Correctly Holds “Obstruction Of Justice” Raises Grave Constitutional Concerns in Valenzuela Gallardo v. Lynch
Abstract: On March 31, 2016, in Valenzuela Gallardo v. Lynch, the U.S. Court of Appeals for the Ninth Circuit found that the phrase “an offense relating to obstruction of justice,” used as one definition of an aggravated felony within the Immigration and Nationality Act, raised grave unconstitutional vagueness concerns because there are no limits to […]
But See Kohlheim: The Third Circuit Muddies the Water on the Compensability of Employee Meal Periods Under the Fair Labor Standards Act in Babcock v. Butler County
Abstract: On November 24, 2015, the U.S. Court of Appeals for the Third Circuit, in Babcock v. Butler County, formally adopted the application of the predominant benefit test when determining if the Fair Labor Standards Act requires an hourly employee’s meal period to be compensated. In so doing, the court implicitly concluded that each circuit […]
Abstract: On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine […]
Enjoying Your “Free” App? The First Circuit’s Approach to an Outdated Law in Yershov v. Gannett Satellite Information Network, Inc.
Abstract: On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data […]
The Cure Is Worse: First Circuit Circumvents False Claims Act’s First-to-File Rule in United States Ex Rel. Gadbois v. Pharmerica Corp.
Abstract: In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh […]
Constitutional Law and the Role of Scientific Evidence: The Transformative Potential of Doe v. Snyder
Abstract: In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, […]
Abstract: Recently, the idea that law students can bridge the “justice gap,” understood here as both the inability of low-income Americans to obtain civil legal services and the inadequacy of representation by overworked public defenders in criminal cases, has been gaining in popularity. This growing trend is embodied in the pro bono requirements imposed on […]
Abstract: In Salman v. United States, the Supreme Court granted certiorari to resolve a conflict with United States v. Newman as to when corporate insiders receive sufficient personal benefit from making gifts of inside information to make the tip and consequent trade illegal. This Essay explores an overlooked aspect of these cases, the “daisy chain […]
Abstract: School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Although such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for protecting the vaccine-deprived children themselves. This essay […]
Leap of Faith: Determining the Standard of Faith Needed to Violate the Implied Covenant of Good Faith and Fair Dealing for Delaware Limited Liability Companies
Abstract: Delaware courts have long respected the right to contract in Delaware, and possibly no entity is afforded more privileges to set the boundaries of its corporate form than the Delaware Limited Liability Company. Unlike nearly every other state, Delaware permits LLCs to abolish the duties of care and loyalty in their operating agreements, but […]