Number 3 | Suffolk Law Review

A Second Line of Defense for Public Officials Asserting Qualified Immunity: What “Extraordinary Circumstances” Prevent Officials from Knowing the Law Governing Their Conduct?

Apr 23, 2008 | Notes, Number 3, Print Edition, Volume 41

The qualified immunity defense shields public officials from liability for civil rights violations committed during the exercise of their official duties. The defense, which the United States Supreme Court deems necessary for officials to perform their duties...

Applying the Presumption of Mens Rea to a Sentencing Factor: Does 18 U.S.C. § 924(c)(1)(A)(iii) Penalize the Accidental Discharge of a Firearm?

Apr 14, 2008 | Notes, Number 3, Print Edition, Volume 41

It is well settled that the presumption of mens rea in criminal law applies to federal criminal statutes. It remains debatable, however, whether this presumption applies to sentencing provisions contained within federal criminal statutes. Circuit courts have...

Constitutional Law and Criminal Procedure—Criminal Defendant Erroneously Denied First-Choice Counsel Entitled to Automatic Reversal of Conviction—United States v. Gonzalez-Lopez, 126 S. Ct. 2557 (2006)

Apr 14, 2008 | Case Comments, Number 3, Print Edition, Volume 41

The Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” The United States Supreme Court has interpreted this guarantee to protect...

Tax Law—Railroads May Not Challenge a State’s Valuation Methodologies for Ad Valorum Tax Purposes Under the 4-R Act—CSX Transportation, Inc. v. State Board of Equalization, 472 F.3d 1281 (11th Cir. 2006)

Apr 10, 2008 | Case Comments, Number 3, Print Edition, Volume 41

Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (4-R Act) prohibits states from discriminatorily taxing railroad property. The 4-R Act creates an exception to the Tax Injunction Act (TIA) by granting federal courts jurisdiction to hear...

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