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Administrative Law—Bureau of Prisons Statutory Mandate Permits Creation of Categorical Rules to Guide Prison Placement Discretion—Muniz v. Sabol, 517 F.3d 29 (1st Cir. 2008), cert. denied, 129 S. Ct. 115 (2008)

First Circuit Review 2009 Congress delegates authority to the Bureau of Prisons (BOP) to place inmates.  In determining inmate placement, the BOP must consider five individualized factors before selecting a suitable penal facility for each inmate.  In 2005, the BOP...

Civil Procedure—Complaint Amending Jurisdictional Basis Given Effect When Filed as a Matter of Right—ConnectU L.L.C. v. Zuckerberg, 522 F.3d 82 (1st Cir. 2008)

First Circuit Review 2009 Rule 8(a) of the Federal Rules of Civil Procedure requires a plaintiff to plead the basis for the court’s jurisdiction in his or her complaint.  Rule 15(a) allows a plaintiff to amend his or her complaint as a matter of right, provided that...

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)

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)

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...