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Criminal Law—First Circuit Upholds Restitution Order Without Requiring Evidence of Defendant’s Causal Contribution to Victim’s Losses—United States v. Kearney, 672 F.3d 81 (1st Cir. 2012)

In criminal cases, restitution for victims is typically limited to the losses that the defendant caused in the commission of the crime.1 Title 18, section 2259 of the United States Code requires courts to order restitution for victims of sexual crimes against children...

Constitutional Law—Maryland District Court Finds Government’s Acquisition of Historical Cell Site Data Immune from Fourth Amendment—United States v. Graham, 846 F. Supp. 2d 384 (D. Md. 2012)

A criminal defendant’s motion to suppress often implicates the Fourth Amendment’s protections against “unreasonable searches and seizures.”  Nevertheless, the extent to which government surveillance activities associated with wireless communication and location...

Constitutional Law—Third Circuit Holds First Amendment Protects Off-Campus Internet Speech from School Discipline—Layshock ex rel. Layshock v. Hermitage School District, 650 F.3d 205 (3d Cir. 2011)

Although the First Amendment protects the right of free speech, the Supreme Court of the United States has held that certain types of speech made by students on campus may be restricted in public schools.  The Court has not addressed, however, student speech...

Energy & Environmental Law—Nuclear Regulatory Commission Authorizes Inaugural Combined License for Construction and Operation of Two Nuclear Power Plants—In re Southern Nuclear Operating Company, Nos. 52-025-COL, 52-026-COL, 2012 WL 440403 (N.R.C. Feb. 9, 2012)

On February 9, 2012, the United States Nuclear Regulatory Commission (NRC) brought an end to the atomic power industry’s thirty-four-year construction hiatus when it green-lighted the licensing of two state-of-the-art nuclear reactors in eastern Georgia.  In In re...