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Criminal Procedure-First Circuit Establishes Less Demanding Requirement of Particularized Need to Access Prior Grand Jury Testimony-In re Grand Jury, 566 F.3d 12(1st Cir. 2009)

May 27, 2010 | Case Comments, Number 3, Print Edition, Volume 43

The Federal Rules of Criminal Procedure, protecting the secrecy of federal grand jury proceedings, permit limited disclosure of grand jury materials.  Courts have differed on the standard of need grand jury witnesses must show to access prior testimony transcripts....

Constitutional Law-Ninth Circuit Upholds Constitutionality of Felon-in-Possession of Body Armor Statute with De Minimus Jurisdictional Element-United States v. Alderman, 565 F.3d 641 (9th Cir. 2009), reh’g en banc denied, 593 F.3d 1141 (9th Cir. 2010)

May 27, 2010 | Case Comments, Number 3, Print Edition, Volume 43

Although Congress may, as a general matter, extensively regulate interstate commerce, the federal government’s authority to legislate in areas of traditional state concern is limited.  Courts, spurred by a renewed interest in federalism, have begun scrutinizing...

Employment Discrimination Law-Sixth Circuit Denies Standing to Former Employees Under Title I of Americans With Disabilities Act-McKnight v. General Motors Corporation, 550 F.3d 519 (6th Cir. 2008)

Mar 11, 2010 | Case Comments, Number 2, Print Edition, Volume 43

Pursuant to the Americans with Disabilities Act (ADA), an employer may not discriminate against an employee on the basis of a disability with respect to most aspects of employment, including the provision of fringe benefits. In order to have standing to bring suit...