47 Cited authorities

Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,479 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
United States v. Lanier
520 U.S. 259 (1997) Cited 2,410 times 4 Legal Analyses
Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,434 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Gonzales v. Raich
545 U.S. 1 (2005) Cited 1,147 times 46 Legal Analyses
Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”
Salinas v. United States
522 U.S. 52 (1997) Cited 1,212 times 11 Legal Analyses
Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Pom Wonderful LLC v. Coca-Cola Co.
573 U.S. 102 (2014) Cited 330 times 31 Legal Analyses
Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice
United States v. Harriss
347 U.S. 612 (1954) Cited 1,465 times
Holding that "[t]he constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute."
Bates v. United States
522 U.S. 23 (1997) Cited 252 times 2 Legal Analyses
Holding that courts “ordinarily” should “resist reading words or elements into a statute that do not appear on its face.”
United States v. Moore
423 U.S. 122 (1975) Cited 294 times 4 Legal Analyses
Holding "that registered physicians can be prosecuted under § 841 when their activities fall outside the usual course of professional practice"
U.S. v. Boren
278 F.3d 911 (9th Cir. 2002) Cited 245 times
Holding 18 U.S.C. § 1014 applies to a stop payment order on a bank check
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,827 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,423 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 44,265 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,522 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,440 times 104 Legal Analyses
Relating to mail fraud
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,348 times 141 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 2252A - Certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2252A Cited 6,003 times 33 Legal Analyses
Making it a crime to knowingly receive the child pornography itself
Section 802 - Definitions
21 U.S.C. § 802 Cited 3,959 times 81 Legal Analyses
Excluding hemp from the schedules
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,517 times 105 Legal Analyses
Prohibiting the sale of adulterated foods
Section 333 - Penalties
21 U.S.C. § 333 Cited 439 times 39 Legal Analyses
Defining civil and criminal penalties for violations of Section 331

USA v. FedEx Corporation et al

47 Cited authorities

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice

Holding that "[t]he constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute."

Holding that courts “ordinarily” should “resist reading words or elements into a statute that do not appear on its face.”

Holding "that registered physicians can be prosecuted under § 841 when their activities fall outside the usual course of professional practice"

Holding 18 U.S.C. § 1014 applies to a stop payment order on a bank check

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Requiring proof of an "act to effect the object of the conspiracy"

Relating to mail fraud

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Making it a crime to knowingly receive the child pornography itself

Excluding hemp from the schedules

Prohibiting the sale of adulterated foods

Defining civil and criminal penalties for violations of Section 331