2d Circuit Case Commentaries

Second Circuit Court Revises Standards for Withholding of Removal in Female Genital Mutilation Cases

Date: Jun 12, 2008

Second Circuit Court Revises Standards for Withholding of Removal in Female Genital Mutilation Cases Introduction In the landmark case of Salimatou BAH, Petitioner, v. Michael B. MUKASEY, Attorney...

Ripeness Doctrine and First Amendment Protections in Lobbying Regulations: NYCLU v. Grandeau

Date: Jun 7, 2008

Ripeness Doctrine and First Amendment Protections in Lobbying Regulations: NYCLU v. Grandeau Introduction The case of New York Civil Liberties Union (NYCLU) v. David Grandeau, decided by the United...

Substantial Evidence and Credibility Standards in Asylum Claims: Insights from Leng v. Mukasey

Date: Jun 7, 2008

Substantial Evidence and Credibility Standards in Asylum Claims: Insights from Leng v. Mukasey Introduction The case of Hongsheng Leng v. Michael B. Mukasey presents a nuanced exploration of the...

Affirmation of Convictions and Upholding Reverse-Batson Challenges in Jury Selection

Date: Jun 6, 2008

Affirmation of Convictions and Upholding Reverse-Batson Challenges in Jury Selection Introduction The case of UNITED STATES of America v. Paul Thompson, Tyrone Kindred, Damion Henry, Stephen Reid,...

Establishing Proximate Cause in Attorney Malpractice: Insights from RUBENS v. MASON

Date: Jun 4, 2008

Establishing Proximate Cause in Attorney Malpractice: Insights from RUBENS v. MASON Introduction The case of Barbara Rubens v. Roy L. Mason et al., decided by the United States Court of Appeals for...

Ortiz v. Barkley: Affirming Strickland Standards in Habeas Corpus Petitions

Date: Jun 4, 2008

Ortiz v. Barkley: Affirmation of Strickland Standards in Habeas Corpus Petitions Introduction In Jai David Ortiz v. Warren D. Barkley, adjudicated on June 3, 2008, the United States District Court...

Regulating Off-Campus Student Speech: Insights from DONINGER v. NIEHOFF

Date: May 30, 2008

Regulating Off-Campus Student Speech: Insights from DONINGER v. NIEHOFF Introduction In the appellate case Lauren Doninger, P.P.A as Guardian and Next Friend of Avery Doninger, a minor,...

Second Circuit Clarifies Magistrate Judges' Authority in Remand Orders and Appellate Reviewability

Date: May 29, 2008

Second Circuit Clarifies Magistrate Judges' Authority in Remand Orders and Appellate Reviewability Introduction In the landmark appellate decision Daniel Williams v. Beemiller, Inc., the United...

Establishing Constructive Notice and Negligence in Commercial Property Safety: Johnson v. Bon-Ton Department Stores

Date: May 22, 2008

Establishing Constructive Notice and Negligence in Commercial Property Safety: Johnson v. Bon-Ton Department Stores Introduction Johnson v. Bon-Ton Department Stores, Inc. is a pivotal case...

Reaffirmation of Absolute Immunity and Statute of Limitations in Parole Denial: Comprehensive Analysis of Farid v. Bouey

Date: May 21, 2008

Reaffirmation of Absolute Immunity and Statute of Limitations in Parole Denial: Comprehensive Analysis of Farid v. Bouey Introduction The case of Mujahid Farid v. Daizzee Bouey, et al., adjudicated...

Reversing Summary Judgment in Topps v. Cadbury Stani: Implications for Trademark and Contract Law

Date: May 16, 2008

Reversing Summary Judgment in Topps v. Cadbury Stani: Implications for Trademark and Contract Law Introduction The case of The TOPPS COMPANY, INC. v. CADBURY STANI S.A.I.C. serves as a pivotal moment...

Second Circuit Upholds Termination of Death-Penalty-Qualified Counsel and Valid Rejection of Batson Claims in Bank Robbery Case

Date: May 14, 2008

Second Circuit Upholds Termination of Death-Penalty-Qualified Counsel and Valid Rejection of Batson Claims in Bank Robbery Case Introduction In the appellate case United States of America v. Paul...

Second Successive Habeas Corpus Petitions and Federal Confinement Conditions: Insights from Thompson v. Choinski

Date: May 9, 2008

Second Successive Habeas Corpus Petitions and Federal Confinement Conditions: Insights from Thompson v. Choinski Introduction The case of Sala-Thiel Thompson v. Wayne Choinski, adjudicated by the...

Municipal Liability for Enforcement of Overbroad Harassment Statutes: Second Circuit Vacates and Remands in VIVES v. CITY OF NEW YORK

Date: May 2, 2008

Municipal Liability for Enforcement of Overbroad Harassment Statutes: Second Circuit Vacates and Remands in VIVES v. CITY OF NEW YORK Introduction In Carlos Vives v. The City of New York and Raymond...

Compensable Commuting Time Under the FLSA: Insights from SINGH v. CITY OF NEW YORK

Date: Apr 30, 2008

Compensable Commuting Time Under the FLSA: Insights from SINGH v. CITY OF NEW YORK Introduction The case of Rajkumar Singh et al. v. City of New York addressed pivotal questions regarding the Fair...

Establishing Article III Standing in Antitrust Claims Against Mandatory Arbitration Clauses

Date: Apr 26, 2008

Establishing Article III Standing in Antitrust Claims Against Mandatory Arbitration Clauses Introduction In the landmark case Robert ROSS et al. v. JPMorgan Chase Co. et al., the United States Court...

Defining Adverse Employment Actions in Transfer Denials under Title VII: Insights from Beyer v. County of Nassau

Date: Apr 24, 2008

Defining Adverse Employment Actions in Transfer Denials under Title VII: Insights from Beyer v. County of Nassau Introduction Natalie Beyer, a dedicated police detective with a robust scientific...

Joinder of Conspirators under Federal Rule of Criminal Procedure 8(b): Insights from United States v. Rittweger

Date: Apr 24, 2008

Joinder of Conspirators under Federal Rule of Criminal Procedure 8(b): Insights from United States v. Rittweger Introduction United States of America v. Thomas Michael Rittweger, Victor M. Wexler,...

Affirmation of Limited §1983 Liability in Confidential Informant Operations: MATICAN v. CITY OF NEW YORK

Date: Apr 24, 2008

Affirmation of Limited §1983 Liability in Confidential Informant Operations: MATICAN v. CITY OF NEW YORK Introduction Robert MATICAN v. CITY OF NEW YORK, 524 F.3d 151 (2d Cir. 2008), is a significant...

Whitman v. EPA: Establishing Limitations on Bivens Claims in Federal Disaster Response

Date: Apr 23, 2008

Whitman v. EPA: Establishing Limitations on Bivens Claims in Federal Disaster Response Introduction The case of Gail Benzman et al. v. Christine Todd Whitman et al. was adjudicated by the United...