Vol. 41 No. 2, March - March 2008
Index
- Administrative law - First Circuit decides qualified federal law enforcement privilege outweighs state's prerogative to enforce criminal code.
- Commercial and consumer credit law - class action remedy unavailable in First Circuit for plaintiffs seeking rescission under Truth in Lending Act.
- Commercial and consumer credit law - First Circuit properly construes holder in due course doctrine under Massachusetts Law.
- Constitutional law - diminished expectations of privacy and the human genome: circuits align on mandatory DNA profiling of convicted felons.
- Constitutional law - First Circuit requires minimal commercial effect for RICO violations based on local noneconomic activity.
- Constitutional law - First Circuit vacates preemption finding relating to three Massachusetts Oil Spill Prevention Act provisions.
- Constitutional law - First Circuit questions correctional facility's blanket ban on inmate preaching.
- Criminal law - First Circuit upholds constitutionality of juvenile convictions as predicate offenses under the Armed Career Criminal Act.
- Criminal law - derivative entrapment defense applies when government agent acts through unsuspecting middleman to induce targeted defendant.
- Criminal Law - First Circuit allows guilty plea for misprision to stand under plain error review.
- Criminal law - First Circuit holds federal courts lack jurisdiction to expunge criminal records on equitable grounds.
- Federal jurisprudence - the First Circuit construes plurality opinions to expand the reach of the Clean Water Act.
- Labor and employment law - uncertainty over burden of proof for mixed motive employee discharge.
- Labor and employment law - a deferential standard for administrators within a statute meant to protect workers.
- Labor and employment law - First Circuit upholds Department of Labor's broad construction of the FMLA.
- Securities law - First Circuit limits scope of "safe harbor" disclosure loophole under misappropriation theory of insider trading.