E. Supp. 2014

The Long Journey Home: Cuellar De Osorio v. Mayorkas and the Importance of Meaningful Judicial Review in Protecting Immigrant Rights

Abstract: In Cuellar de Osorio v. Mayorkas, the U.S. Court of Appeals for the Ninth Circuit extended the Child Status Protection Act’s (“CSPA”) protections to all children who age out during the extended process of obtaining a visa as a child derivative beneficiary. In so holding, the court overturned a precedential decision by the Board […]

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Root Canal of the Problem: The Iowa Supreme Court’s Protection of Male Impulses Over Female Traits

Abstract: In 2010, Dr. James H. Knight DDS fired his employee, Melissa Nelson, explaining that his wife had become jealous of their consensual but nonsexual relationship. Nelson, in turn, filed a sex discrimination claim, alleging that her termination would not have occurred, but-for her sex. The Iowa Supreme Court sided with Knight, ruling that Nelson’s […]

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The “Double-Edged” Dilemma: The Eleventh Circuit’s Devaluation of Mental Health Mitigators in Evans v. Secretary, Department of Corrections

Abstract: In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, […]

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Bracelets and the Scope of Student Speech Rights in B.H. Ex Rel. Hawk v. Easton Area School District

Abstract: The U.S. Court of Appeals for the Third Circuit held that a district wide ban of bracelets containing the word “boobies” was an impermissible restriction of students’ First Amendment speech rights. The majority’s focus on the bracelets’ social message is critical for the preservation of students’ rights to discuss social issues, particularly health issues. […]

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Is It Automatic?: The Mens Rea Presumption and the Interpretation of the Machinegun Provision of 18 U.S.C. § 924(c) in United States v. Burwell

Abstract: In United States v. Burwell, the United States Court of Appeals for the District of Columbia Circuit reviewed en banc the question of whether the Government must prove that the Defendant knew of the firearm’s automatic capability before invoking 18 U.S.C. § 924(c)(1)(B)(ii)’s mandatory thirty-year minimum sentence. The majority affirmed the Defendant’s conviction, holding that […]

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