Boston College Law Review | Vol 59 | Iss 9

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Home > JOURNALS > BCLR > Vol. 59 > Iss. 9 (2018)

Annual Survey of Federal En Banc and Other Significant Cases

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Boston College Law Review

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Excessive Force, Police Dogs, and the Fourth Amendment in the Ninth Circuit: The Use of Summary Judgement in Lowry v. City of San Diego
Natasha Dobrott

The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction in Absence of Likely Injury in New Mexico Department of Game & Fish v. United States Department of the Interior
Curtis Cranston

If Technology is the Hare, Is Congress the Tortoise? Split Circuits in the Wake of Dahda
Michael Koch

Title VII Is Not the Only Cure for Employment Discrimination: The Implications of Doe v. Mercy Catholic Medical Center in Expanding Claims for Medical Residents Under Title IX
Amy-Lee Goodman

Mayhew v. Town of Smyrna: The Sixth Circuit Frustrates Public Employees' Right to a Jury Trial
Margaux Joselow

Praying for Clarity: Lund, Bormuth, and the Split Over Legislator-Led Prayer
John Gavin

Bankruptcy's Exceptions to Discharge: When Does a Statement About a Single Asset Respect the Debtor's Financial Condition?
Roman Ibragimov

No Public Benefits for Public Benefit: The Eleventh Circuit's Narrow Approach to Copyright Registration
Emily B. Tate

You Might Just Have to Wait: Interpreting State Action Immunity and the Ability to Appeal Following the Ninth Circuit's Decision in SolarCity Corp. v. Salt River Project
Hunter Malasky

Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees of Educational Institutions to Bypass Title VII and Bring Claims Under Title IX in Doe v. Mercy Catholic Medical Center
Lauren Stewart

Turner-ing Over a New Leaf: Pre-Charge Plea Negotiations as a Critical Stage for the Purposes of the Sixth Amendment Right to Counsel
Alexis Berglund

"Bears Need Room to Roam": The Ninth Circuit's Questionable Interpretation of Critical Habitat Designation
Katherine Lee

Privacy, Screened Out: Analyzing the Threat to Individual Privacy Rights and Fifth Amendment Protections in State v. Stahl
Jesse Coulon

Legal Limbo: The Fifth Circuit's Decision in Turner v. Driver Fails to Clarify the Contours of the Public's First Amendment Right to Record the Police
Stephanie Johnson

Title VII and the Collateral Source Rule: Evaluating the Not-So Equitable Remedy in EEOC v. Consol Energy
Virginia Calistro

Public Entities Become a Model Against Age Discrimination: Expanding the Definition of "Employer" in Guido v. Mount Lemmon Fire District
Kathryn Weston

Cementing Good Law by Tolerating Bad Outcomes: Examining the Eighth Circuit's Commitment to Upholding the Defense of Qualified Immunity for Prison Officials in Kulkay v. Roy
Peter Diliberti

Muddying the Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity in Waterkeeper Alliance v. EPA
Christopher Crocker

Lawful Permanent Residency: What the United States Citizenship & Immigration Services Giveth, It Can Also Take Away
Rebecca Hayes

Incapacitating Dangerous Repeat Offenders (or Not): Evidentiary Restrictions on Armed Career Criminal Act Sentencing in United States v. King
Kayleigh E. McGlynn

The Road Beyond Kiobel: The Fifth Circuit's Decision in Adhikari v. Kellogg Brown & Root, Inc. and its Implications for the Alien Tort Statute
Vasundhara Prasad

Unfaithful but Not Without Privacy Protections: The Seventh Circuit Addresses When Courts Should Consider an E-Mail Interception Unlawful in Epstein v. Epstein
Joseph Noreña

Adding to the List: The Latest Development in the Anomalous Seventh Circuit Substantial Compliance Approach
Julian Viksman

Home Sweet Home? Determining Habitual Residence Within the Meaning of the Hague Convention
Morgan McDonald

A Case for Revisiting the Child Welfare Act
Hannah Dudley

No Harm, No Foul: The Fourth Circuit Struggles with the "Injury-in-Fact" Requirement to Article III Standing in Data Breach Class Actions
Brandon Ferrick

The Exigencies of Drunk Driving: Cripps v. State and the Issues with Taking Drivers' Blood Without a Warrant
Timothy Andrea

Striving for Consistency: The Battle of Jurisdiction in Enforcing Arbitration Awards
Leah Hengemuhle

When the Defendant Doesn't Testify: The Eighth Circuit Considers a Reasonable Broken Promise in Bahtuoh v. Smith
Alexandre Bou-Rhodes

A Pro Debtor and Majority Approach to the "Automatic Stay" Provision of the Bankruptcy Code—In re Cowen Incorrectly Decided
Claudia A. Restrepo

Eleventh Circuit Prematurely Applied the Rule of Lenity in United States v. Izurieta
C. Alex Dilley

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