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Presentation on free speech and labeling

Posted by By Nigel Barrella October 30, 2015Posted inBusiness, Food, News
On October 30, 2015, Nigel Barrella presented at the Food and Drug Law Institute's "Constitutional Challenges" Symposium. His article, Constitutional Limits on Compulsory Labeling, is to be published in the…
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4th Circuit flags possible misreading of Eighth Amendment precedents

Posted by By Nigel Barrella November 1, 2013Posted inAppeals
An interesting opinion from the U.S. Court of Appeals for the Fourth Circuit this week all but invites a future challenge to some of that court's Eighth Amendment case law.…
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Fed. Circuit: VA can’t use failure to report as evidence

Posted by By Nigel Barrella October 8, 2013Posted inAppeals
If a veteran's service record does not mention any reports that the veteran was sexually assaulted while in service, can the Department of Veterans Affairs (VA) use this absence of…
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DCCA: D.C. gun law unconstitutional

Posted by By Nigel Barrella September 26, 2013Posted inAppeals
Can it be a crime to simply ride in a car in which you know there is an illegal gun? In a 2-1 opinion by Judge Glickman today, the D.C.…
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DCCA: DNA analysts should present results in court

Posted by By Nigel Barrella September 23, 2013Posted inAppeals
Earlier this summer, I wrote about the North Carolina Supreme Court's handling of the doctrinal mess made by the U.S. Supreme Court's fractured opinions in Williams v. Illinois.  Well, on…
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Fourth Circuit: NC town can’t deny forum for takings claim

Posted by By Nigel Barrella July 30, 2013Posted inAppeals
In an opinion published last week by the U.S. Court of Appeals for the Fourth Circuit, Judge Shedd writes that a town being sued for a Fifth Amendment taking can't avoid…
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Fourth Circuit weighs in on circuit split; harmless error review in collateral challenge to conviction

Posted by By Nigel Barrella July 25, 2013Posted inAppeals
In an opinion published today, the U.S. Court of Appeals for the Fourth Circuit announced that, in collateral challenges to federal criminal convictions under § 2255, it would follow the…
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DC Circuit: To measure a crime’s “seriousness,” use Sentencing Guidelines

Posted by By Nigel Barrella July 19, 2013Posted inAppeals
An opinion issued today by the U.S. Court of Appeals for the D.C. Circuit begins by saying that the defendant "is innocent of the crime for which he was charged…
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Fed. Circuit: Necessity of burning forest can be challenged

Posted by By Nigel Barrella July 18, 2013Posted inAppeals
In an opinion today for the U.S. Court of Appeals for the Federal Circuit, the court deals with a situation in which the U.S. Forest Service set fire to a…
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Fed. Circuit: To prove marriage, use state law

Posted by By Nigel Barrella July 18, 2013Posted inAppeals
In a recent opinion for the U.S. Court of Appeals for the Federal Circuit, Judge Mayer writes that state evidence law should be used to prove a couple was married…
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