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52 B.C. L. Rev. E. Supp. [i] (2011)

handle is hein.journals/bclresp52 and id is 1 raw text is: FOREWORD The following twenty Comments make up the first issue of the Boston College Law Review's electronic supplement. These Comments, written by second-year students, comprise a survey of recent federal en banc decisions of note, and other significant cases. Each Comment is intended to present a clear overview of the decision, a discussion of the important issues, and a meaningful perspective on its conse- quences for litigants. In United States v. Textron, the First Circuit handed the IRS a vic- tory by subjecting companies' tax accrual workpapers to discovery in tax litigation, creating potential concerns for companies in non-tax settings. In Fox Television Stations, Inc. v. FCC, the Second Circuit struck down the FCC's latest attempt to regulate indecent speech, signaling a major win for broadcasters and putting one more crack in the Su- preme Court's Pacifica precedent. The Third Circuit, in the bank- ruptcy case of In re Grossman's, Inc., overruled a 1984 precedent when it held that the tort claims of a person exposed to a Chapter Eleven debtor's asbestos-containing products arose pre-petition, despite their post-petition manifestation. In North Carolina ex rel. Cooper v. Tennessee Valley Authority, the Fourth Circuit undercut the viability of public nui- sance claims in environmental litigation, holding that the Clean Air Act preempts state nuisance claims and that the issuance of a permit makes those claims legally impossible. The Fifth Circuit, in Castro v. United States, held that a govern- ment employee's conduct could fall within the Federal Tort Claims Act's discretionary function exception even if a constitutional viola- tion may have occurred. Judge Richard Posner of the Seventh Circuit created a unique standard for applying the equal terms provision of the Religious Land Use and Institutionalized Persons Act in River of Life Kingdom Ministries v. Village of Hazel Crest. Also in the Seventh Cir- cuit, the court in United States v. Skoien upheld a federal ban on the possession of firearms by domestic violence misdemeanants against a Second Amendment challenge. Several important en banc decisions were recently decided by the Ninth Circuit. In Perdomo v. Holder the court took a step forward in recognizing gender as a particular social group for the purposes of the federal asylum laws, making it easier for persecuted women to seek refuge in the United States. In Pinholster v. Ayers, the court held that a death row inmate had received ineffective assistance of counsel

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