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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Affluence Insufficient for "Particular Social Group" in INA Asylum Claims: Ucelo-Gomez v. Mukasey

Affluence Insufficient for "Particular Social Group" in INA Asylum Claims: Ucelo-Gomez v. Mukasey

Date: Nov 22, 2007
Affluence Insufficient for "Particular Social Group" in INA Asylum Claims: Ucelo-Gomez v. Mukasey Introduction In Jose Godofredo Ucelo-Gomez and Ana Mariela Espana-Espinoza v. Michael B. Mukasey, the...
Refining the 'Pattern or Practice' Standard for Withholding of Removal: Reza Abdul Mufied v. Mukasey

Refining the 'Pattern or Practice' Standard for Withholding of Removal: Reza Abdul Mufied v. Mukasey

Date: Nov 21, 2007
Refining the 'Pattern or Practice' Standard for Withholding of Removal: Reza Abdul Mufied v. Mukasey Introduction The case of Reza Abdul Mufied v. Michael B. Mukasey, adjudicated by the United States...
Work Product Doctrine and Grand Jury Subpoenas: Analysis of IN RE GRAND JURY SUBPOENA DATED JULY 6, 2005

Work Product Doctrine and Grand Jury Subpoenas: Analysis of IN RE GRAND JURY SUBPOENA DATED JULY 6, 2005

Date: Nov 17, 2007
Work Product Doctrine and Grand Jury Subpoenas: Analysis of IN RE GRAND JURY SUBPOENA DATED JULY 6, 2005 Introduction The case IN RE GRAND JURY SUBPOENA DATED JULY 6, 2005 (510 F.3d 180) adjudicated...
Substantive Due Process in Land-Use Permit Amendments Tainted by Racial Animus – CINE SK8, Inc. v. Town of Henrietta

Substantive Due Process in Land-Use Permit Amendments Tainted by Racial Animus – CINE SK8, Inc. v. Town of Henrietta

Date: Nov 9, 2007
Substantive Due Process in Land-Use Permit Amendments Tainted by Racial Animus CINE SK8, Inc., Doing Business as Fun Quest v. Town of Henrietta United States Court of Appeals, Second Circuit Date:...
Balancing Trustee Control and Debtor Interests in Chapter 7: Smith v. Geltzer Establishes Precedent

Balancing Trustee Control and Debtor Interests in Chapter 7: Smith v. Geltzer Establishes Precedent

Date: Nov 6, 2007
Balancing Trustee Control and Debtor Interests in Chapter 7: Smith v. Geltzer Establishes Precedent Introduction The case of In re Sueann M. Smith, adjudicated by the United States Court of Appeals...
Establishing Venue in International Drug Conspiracy Cases Through Government-Initiated Communication: Insights from United States v. Rommy

Establishing Venue in International Drug Conspiracy Cases Through Government-Initiated Communication: Insights from United States v. Rommy

Date: Nov 6, 2007
Establishing Venue in International Drug Conspiracy Cases Through Government-Initiated Communication: Insights from United States v. Rommy Introduction United States v. Henk Rommy is a significant...
Reynolds v. Giuliani: Clarifying §1983 Liability and Supervisory Duties Under Monell

Reynolds v. Giuliani: Clarifying §1983 Liability and Supervisory Duties Under Monell

Date: Nov 1, 2007
Reynolds v. Giuliani: Clarifying §1983 Liability and Supervisory Duties Under Monell Introduction Reynolds v. Giuliani, 506 F.3d 183 (2d Cir. 2007), is a landmark case adjudicated by the United...
Affirmation of Dismissal in Port Dock Stone Corp. v. Oldcastle Northeast, Inc.: Antitrust Standing Clarified

Affirmation of Dismissal in Port Dock Stone Corp. v. Oldcastle Northeast, Inc.: Antitrust Standing Clarified

Date: Oct 24, 2007
Affirmation of Dismissal in Port Dock Stone Corp. v. Oldcastle Northeast, Inc.: Antitrust Standing Clarified Introduction In the case of Port Dock Stone Corporation, Gotham Sand Stone Corp., and Port...
Enhancing Reliability Standards in Firearms Identification: Insights from Williams v. United States

Enhancing Reliability Standards in Firearms Identification: Insights from Williams v. United States

Date: Oct 24, 2007
Enhancing Reliability Standards in Firearms Identification: Insights from Williams v. United States Introduction The case of United States v. Elijah Bobby Williams et al. (506 F.3d 151) adjudicated...
Voluntariness of Guilty Pleas in Light of Immigration Consequences: Analysis of Sean Zhang v. United States

Voluntariness of Guilty Pleas in Light of Immigration Consequences: Analysis of Sean Zhang v. United States

Date: Oct 24, 2007
Voluntariness of Guilty Pleas in Light of Immigration Consequences: Analysis of Sean Zhang v. United States Introduction Sean Zhang v. United States of America is a pivotal case adjudicated by the...
Comprehensive Commentary on United States v. Gagliardi: Clarifying Attempt Liability Under 18 U.S.C. § 2422(b)

Comprehensive Commentary on United States v. Gagliardi: Clarifying Attempt Liability Under 18 U.S.C. § 2422(b)

Date: Oct 23, 2007
Comprehensive Commentary on United States v. Gagliardi: Clarifying Attempt Liability Under 18 U.S.C. § 2422(b) Introduction The case of United States v. Gagliardi, adjudicated by the United States...
Third-Party Consent and Qualified Immunity in Shared Residences: Moore v. Andreno and Palmer

Third-Party Consent and Qualified Immunity in Shared Residences: Moore v. Andreno and Palmer

Date: Oct 23, 2007
Third-Party Consent and Qualified Immunity in Shared Residences: Moore v. Andreno and Palmer Introduction In the landmark case of Richard B. Moore v. Joseph A. Andreno and Kurt R. Palmer, adjudicated...
Liability of Federal Agents for Fifth Amendment Violations in Bail Proceedings: The Higazy v. Templeton Case

Liability of Federal Agents for Fifth Amendment Violations in Bail Proceedings: The Higazy v. Templeton Case

Date: Oct 20, 2007
Liability of Federal Agents for Fifth Amendment Violations in Bail Proceedings: The Higazy v. Templeton Case Introduction The case of Abdallah Higazy versus FBI Agent Michael Templeton and other...
WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK: Strengthening RLUIPA Protections for Religious Institutions

WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK: Strengthening RLUIPA Protections for Religious Institutions

Date: Oct 18, 2007
WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK: Strengthening RLUIPA Protections for Religious Institutions Introduction Westchester Day School (WDS), an established Orthodox Jewish co-educational...
Establishing Corporate Accountability under the Alien Tort Claims Act: Insights from *Sakwe Balintulo KHULUMANI v. Defendants*

Establishing Corporate Accountability under the Alien Tort Claims Act: Insights from *Sakwe Balintulo KHULUMANI v. Defendants*

Date: Oct 13, 2007
Establishing Corporate Accountability under the Alien Tort Claims Act: Insights from Sakwe Balintulo KHULUMANI v. Defendants Introduction The case of Sakwe Balintulo KHULUMANI v. Defendants...
Earmarking Doctrine and Constructive Trusts in Bankruptcy: Flanagan Case Commentary

Earmarking Doctrine and Constructive Trusts in Bankruptcy: Flanagan Case Commentary

Date: Oct 10, 2007
Earmarking Doctrine and Constructive Trusts in Bankruptcy: Flanagan Case Commentary Introduction The case of In re Charles Atwood Flanagan, Cadle Co., D.A.N. Joint Venture, L.P.,...
Retroactive Copyright Transfers Invalidated: DAVIS v. BLIGE Establishes New Precedent

Retroactive Copyright Transfers Invalidated: DAVIS v. BLIGE Establishes New Precedent

Date: Oct 6, 2007
Retroactive Copyright Transfers Invalidated: DAVIS v. BLIGE Establishes New Precedent Introduction In the landmark case of Sharice Davis v. Mary J. Blige et al., the United States Court of Appeals...
Second Circuit Vacates Stay, Restores District Court Jurisdiction in World Trade Center Disaster Site Litigation

Second Circuit Vacates Stay, Restores District Court Jurisdiction in World Trade Center Disaster Site Litigation

Date: Oct 6, 2007
Second Circuit Vacates Stay, Restores District Court Jurisdiction in World Trade Center Disaster Site Litigation Introduction The case of IN RE WORLD TRADE CENTER DISASTER SITE LITIGATION (503 F.3d...
Clarifying Class Certification and Settlement Allocation in ERISA Fiduciary Duty Cases: An In-Depth Analysis of Central States v. Merck-Medco

Clarifying Class Certification and Settlement Allocation in ERISA Fiduciary Duty Cases: An In-Depth Analysis of Central States v. Merck-Medco

Date: Oct 5, 2007
Clarifying Class Certification and Settlement Allocation in ERISA Fiduciary Duty Cases Analysis of Central States Southeast and Southwest Areas Health and Welfare Fund v. Merck-Medco Managed Care,...
Affirmation of Summary Judgment in County of Orange §1983 Claims: A Comprehensive Analysis

Affirmation of Summary Judgment in County of Orange §1983 Claims: A Comprehensive Analysis

Date: Sep 27, 2007
Affirmation of Summary Judgment in County of Orange §1983 Claims: A Comprehensive Analysis Introduction In the appellate case of Belotto et al. v. County of Orange et al., the United States Court of...
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