Civil Rights—First Circuit Incorrectly Adopts Arbitrary-or-Capricious Standard for Reviewing Airliner’s Decision to Remove Passengers—Cerqueira v. American Airlines, Inc., 520 F.3d 1 (1st Cir. 2008), cert. denied, 129 S. Ct. 111 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 In response to increasing acts of piracy on commercial airlines, Congress enacted the Federal Aviation Act (FAA), which established regulations to improve and maintain safety standards in commercial aviation.  Although the FAA includes an...

Constitutional Law—School’s Use of Books Depicting Same-Sex Couples Does Not Violate Parents’ Constitutional Rights—Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008), cert. denied, 129 S. Ct. 56 (2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 At times in United States history, religious freedom and the right to a public education have been at odds, and these disputes have frequently spilled into the federal courts.  Particularly, federal courts have often heard claims from parents...

Military Law—Army Denies Conscientious-Objector Status Without Basis in Fact—Hanna v. Secretary of the Army, 513 F.3d 4 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 A 1962 Department of Defense (DOD) directive authorizes the discharge from service of military members with religiously based conscientious objections to war.  A conscientious objection is “a firm, fixed and sincere objection to participation...

Constitutional Law—First Circuit Rules Constructive Amendment of Indictment Not a Structural Error—United States v. Brandao, 539 F.3d 44 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Courts employ plain-error analysis when reviewing unpreserved errors in a criminal trial, but apply harmless-error analysis for errors preserved through objection.  Although most constitutional errors are subject to harmless-error analysis,...

Employment Law—Scope of Faragher-Ellerth Affirmative Defense to Vicarious Liability Not Defined by Employer’s Own Sexual-Harassment Policy—Chaloult v. Interstate Brands Corp., 540 F.3d 64 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee on the basis of sex.  In non-tangible employment actions, an employer is vicariously liable for a supervisor’s unlawful sexual harassment...

Immigration Law—First Circuit’s Deferential Standard for Reviewing Adverse Credibility Determinations in Asylum Cases Remains Unchanged—Cuko v. Mukasey, 522 F.3d 32 (1st Cir. 2008)

Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42

First Circuit Review 2009 An Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) will commonly deny an application for asylum in the United States as a result of an adverse credibility determination.  Appellate Courts give adverse credibility...