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  • Commentaries
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2d Circuit Case Commentaries

Expanding Judicial Review: "Questions of Law" Under the REAL ID Act in Immigration Proceedings

Expanding Judicial Review: "Questions of Law" Under the REAL ID Act in Immigration Proceedings

Date: Jan 7, 2006
Expanding Judicial Review: "Questions of Law" Under the REAL ID Act in Immigration Proceedings Introduction In the landmark case of Xiao Ji Chen v. United States Department of Justice, the United...
Admissibility of Co-Conspirator Statements and Upholding Conspiracy Convictions in United States v. Martha Stewart and Peter Bacanovic

Admissibility of Co-Conspirator Statements and Upholding Conspiracy Convictions in United States v. Martha Stewart and Peter Bacanovic

Date: Jan 7, 2006
Admissibility of Co-Conspirator Statements and Upholding Conspiracy Convictions in United States v. Martha Stewart and Peter Bacanovic Introduction In the landmark case of United States v. Martha...
Proper Amendment Procedures and Anti-Cutback Protections under ERISA: Insights from FROMMERT v. CONKRIGHT

Proper Amendment Procedures and Anti-Cutback Protections under ERISA: Insights from FROMMERT v. CONKRIGHT

Date: Jan 7, 2006
Proper Amendment Procedures and Anti-Cutback Protections under ERISA: Insights from FROMMERT v. CONKRIGHT Introduction In the landmark case FROMMERT v. CONKRIGHT, adjudicated by the United States...
Revocation of Union Leave Constitutes Adverse Employment Action: Second Circuit Court of Appeals in Hoyt v. Andreucci

Revocation of Union Leave Constitutes Adverse Employment Action: Second Circuit Court of Appeals in Hoyt v. Andreucci

Date: Jan 7, 2006
Revocation of Union Leave Constitutes Adverse Employment Action: Second Circuit Court of Appeals in Hoyt v. Andreucci Introduction In the case of New York State Law Officers Union, District Council...
Expressive Merchandise and Licensing: Second Circuit Reaffirms Content-Neutral Regulation in Mastrovincenzo v. Santos

Expressive Merchandise and Licensing: Second Circuit Reaffirms Content-Neutral Regulation in Mastrovincenzo v. Santos

Date: Jan 6, 2006
Expressive Merchandise and Licensing: Second Circuit Reaffirms Content-Neutral Regulation in Mastrovincenzo v. Santos Introduction The case of Mastrovincenzo a/k/a Mastro and Santos a/k/a Nak or Nac...
Enhancing Scrutiny of Persecution Claims in Withholding of Removal: Second Circuit Remands in Ivanishvili Case

Enhancing Scrutiny of Persecution Claims in Withholding of Removal: Second Circuit Remands in Ivanishvili Case

Date: Jan 6, 2006
Enhancing Scrutiny of Persecution Claims in Withholding of Removal: Second Circuit Remands in Ivanishvili Case Introduction The case of Giuli Ivanishvili v. United States Department of Justice...
Clarifying Section 16(b) Liability: The Expiration of Call Options Not Considered 'Purchase' in Allaire Corp. v. Okumus

Clarifying Section 16(b) Liability: The Expiration of Call Options Not Considered 'Purchase' in Allaire Corp. v. Okumus

Date: Jan 6, 2006
Clarifying Section 16(b) Liability: The Expiration of Call Options Not Considered 'Purchase' in Allaire Corp. v. Okumus Introduction The case Allaire Corporation v. Ahmet H. Okumus, et al. addressed...
Monroe v. Kuhlman: Enhancing Judicial Supervision in Jury Evidence Review

Monroe v. Kuhlman: Enhancing Judicial Supervision in Jury Evidence Review

Date: Jan 4, 2006
Monroe v. Kuhlman: Enhancing Judicial Supervision in Jury Evidence Review Introduction Victor Monroe, the petitioner-appellant, appealed his second-degree murder conviction from the New York state...
Sapia v. United States: Establishing 21 U.S.C. §851(a)(1) as Non-Jurisdictional and Its Implications for §2255 Motions

Sapia v. United States: Establishing 21 U.S.C. §851(a)(1) as Non-Jurisdictional and Its Implications for §2255 Motions

Date: Dec 29, 2005
Sapia v. United States: Establishing 21 U.S.C. §851(a)(1) as Non-Jurisdictional and Its Implications for §2255 Motions Introduction Joseph Sapia, the petitioner-appellant, appealed the denial of his...
Second Circuit Establishes Market Value Loss as Sufficient for COGSA Liability

Second Circuit Establishes Market Value Loss as Sufficient for COGSA Liability

Date: Dec 28, 2005
Second Circuit Establishes Market Value Loss as Sufficient for COGSA Liability Introduction The case of Atlantic Mutual Insurance Company, Inc. v. CSX Lines, L.L.C. revolved around the shipment of...
Credibility Determinations in Asylum Proceedings: The Yun-Zui Guan v. Alberto R. Gonzales Case

Credibility Determinations in Asylum Proceedings: The Yun-Zui Guan v. Alberto R. Gonzales Case

Date: Dec 24, 2005
Credibility Determinations in Asylum Proceedings: The Yun-Zui Guan v. Alberto R. Gonzales Case Introduction The case of Yun-Zui Guan v. Alberto R. Gonzales addresses critical issues surrounding the...
Determining Reasonable Attorney Fees: Market Rate Considerations in 42 U.S.C. §1988(b) Fee Awards – FARBOTKO v. CLINTON COUNTY

Determining Reasonable Attorney Fees: Market Rate Considerations in 42 U.S.C. §1988(b) Fee Awards – FARBOTKO v. CLINTON COUNTY

Date: Dec 24, 2005
Determining Reasonable Attorney Fees: Market Rate Considerations in 42 U.S.C. §1988(b) Fee Awards – FARBOTKO v. CLINTON COUNTY Introduction The case of Albert Farbotko et al. v. Clinton County of New...
Second Circuit Upholds Al-Sadawi Conviction: Harmless Error Analysis of Flight Evidence and Plea Allocution Post-Crawford

Second Circuit Upholds Al-Sadawi Conviction: Harmless Error Analysis of Flight Evidence and Plea Allocution Post-Crawford

Date: Dec 24, 2005
Second Circuit Upholds Al-Sadawi Conviction: Harmless Error Analysis of Flight Evidence and Plea Allocution Post-Crawford Introduction The appellate case of United States of America v. Alaa Al-Sadawi...
Enforcement of Settlement Agreements Without Signature: OMEGA ENGINEERING, INC. v. OMEGA, S.A.

Enforcement of Settlement Agreements Without Signature: OMEGA ENGINEERING, INC. v. OMEGA, S.A.

Date: Dec 22, 2005
Enforcement of Settlement Agreements Without Signature: OMEGA ENGINEERING, INC. v. OMEGA, S.A. Introduction The case of OMEGA ENGINEERING, INC. v. OMEGA, S.A. (432 F.3d 437) adjudicated by the United...
State-Created Danger and Qualified Immunity: Pena v. DePrisco et al. – Second Circuit Analysis

State-Created Danger and Qualified Immunity: Pena v. DePrisco et al. – Second Circuit Analysis

Date: Dec 10, 2005
State-Created Danger and Qualified Immunity: Pena v. DePrisco et al. – Second Circuit Analysis Introduction Pena et al. v. DePrisco et al. is a landmark case adjudicated by the United States Court of...
Article III Standing and ERISA Class Actions: Insights from Central States Southeast and Southwest v. Medco

Article III Standing and ERISA Class Actions: Insights from Central States Southeast and Southwest v. Medco

Date: Dec 9, 2005
Article III Standing and ERISA Class Actions: Insights from Central States Southeast and Southwest v. Medco Introduction The case of Central States Southeast and Southwest Areas Health and Welfare...
Protecting Attorney Work Product and Investigator Privacy: Key Insights from Wood v. FBI

Protecting Attorney Work Product and Investigator Privacy: Key Insights from Wood v. FBI

Date: Dec 7, 2005
Protecting Attorney Work Product and Investigator Privacy: Key Insights from Wood v. FBI Introduction In the landmark case of Alexander Wood v. FBI, Department of Justice, decided by the United...
Enhancing Due Process in Eminent Domain Proceedings: Individual Notice Requirements

Enhancing Due Process in Eminent Domain Proceedings: Individual Notice Requirements

Date: Dec 6, 2005
Enhancing Due Process in Eminent Domain Proceedings: Individual Notice Requirements Introduction In the landmark case of William Brody et al. v. Village of Port Chester, decided by the United States...
Clarifying Sentencing Standards Post-Booker: Key Principles from United States v. Vaughn and Lindo

Clarifying Sentencing Standards Post-Booker: Key Principles from United States v. Vaughn and Lindo

Date: Dec 2, 2005
Clarifying Sentencing Standards Post-Booker: Key Principles from United States v. Vaughn and Lindo Introduction United States v. Derek A. Vaughn and Zaza Leslie Lindo, 430 F.3d 518 (2d Cir. 2005), is...
Public Safety Exception to Miranda and Scope of Rule 609: Analysis of United States v. Estrada

Public Safety Exception to Miranda and Scope of Rule 609: Analysis of United States v. Estrada

Date: Nov 30, 2005
Public Safety Exception to Miranda and Scope of Rule 609: Analysis of United States v. Estrada Introduction United States v. Estrada is a pivotal case adjudicated by the United States Court of...
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