2d Circuit Case Commentaries

Affirmation of the Constitutionality of New York's DNA Indexing Statute under the Special-Needs Test

Date: Nov 29, 2005

Affirmation of the Constitutionality of New York's DNA Indexing Statute under the Special-Needs Test Introduction In the landmark case of Jason B. Nicholas et al. v. Alvaro Sanchez et al., decided by...

Second Circuit Clarifies Federal Jurisdiction for NHPA Section 106 in Empowerment Zones

Date: Nov 23, 2005

Second Circuit Clarifies Federal Jurisdiction for NHPA Section 106 in Empowerment Zones Introduction The case of Business and Residents Alliance of East Harlem et al. v. Jackson et al. (430 F.3d 584)...

Establishing the "More Likely Than Not" Standard for CAT Claims: Mu Xiang Lin v. U.S. Department of Justice

Date: Nov 23, 2005

Establishing the "More Likely Than Not" Standard for CAT Claims: Mu Xiang Lin v. United States Department of Justice Introduction Mu Xiang Lin v. United States Department of Justice is a pivotal case...

Second Circuit Limits Application of Prison Mailbox Rule in WALKER v. JASTREMSKI

Date: Nov 16, 2005

Second Circuit Limits Application of Prison Mailbox Rule in WALKER v. JASTREMSKI, 430 F.3d 560 (2d Cir. 2005) Introduction The case of Jeffrey A. Walker v. David Jastremski et al. brings to the...

Deference to Administrative Credibility Findings in Asylum Cases: Majidi v. Gonzales

Date: Nov 16, 2005

Deference to Administrative Credibility Findings in Asylum Cases: Majidi v. Gonzales Introduction Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005), is a pivotal case that underscores the deference...

Expansion of Section 804(c) Under the Fair Housing Act: Insights from United States v. Space Hunters, Inc.

Date: Nov 10, 2005

Expansion of Section 804(c) Under the Fair Housing Act: Insights from United States v. Space Hunters, Inc. Introduction In United States v. Space Hunters, Inc., John McDermott, the United States...

Licensing Obligations and Tortious Interference in Music Distribution: 24/7 Records v. Sony Music Entertainment

Date: Nov 9, 2005

Licensing Obligations and Tortious Interference in Music Distribution: 24/7 Records v. Sony Music Entertainment Introduction The case of 24/7 Records, Inc. v. Sony Music Entertainment, Inc. and...

Cao He Lin v. United States Department of Justice: Establishing Rigorous Standards for Credibility Assessments in Asylum Claims

Date: Nov 5, 2005

Cao He Lin v. United States Department of Justice: Establishing Rigorous Standards for Credibility Assessments in Asylum Claims Introduction The case of Cao He Lin, a/k/a Je Ling Chao v. United...

Defining Extortion Under the Hobbs Act: Insights from United States v. Chen and Wu

Date: Nov 2, 2005

Defining Extortion Under the Hobbs Act: Insights from United States v. Chen and Wu Introduction The case of United States v. Chen and Wu, decided by the United States Court of Appeals for the Second...

Affirmation of Extraterritorial Conspiracy Convictions and Rejection of Ineffective Assistance Claims in United States v. Cohen

Date: Oct 21, 2005

Affirmation of Extraterritorial Conspiracy Convictions and Rejection of Ineffective Assistance Claims in United States v. Cohen Introduction In the case of United States v. Cohen, the United States...

Sentencing in the Alternative Post-Blakely: Insights from United States v. Fuller

Date: Oct 18, 2005

Sentencing in the Alternative Post-Blakely: Insights from United States v. Fuller Introduction The case of United States of America v. John Fuller (426 F.3d 556, 2005) presents a pivotal moment in...

Affirming Summary Judgment in §1983 Actions Based on Inconsistent Plaintiff Testimony: Jeffreys v. City of New York

Date: Oct 18, 2005

Affirming Summary Judgment in §1983 Actions Based on Inconsistent Plaintiff Testimony: Jeffreys v. City of New York Introduction The case of Percy Jeffreys v. The City of New York addresses crucial...

Gersten v. Senkowski: Establishing Standards for Effective Counsel in Child Sexual Abuse Cases

Date: Oct 18, 2005

Gersten v. Senkowski: Establishing Standards for Effective Counsel in Child Sexual Abuse Cases 1. Introduction Gersten v. Senkowski is a pivotal case decided by the United States Court of Appeals for...

Recognition of Anti-Corruption as Political Opinion in Asylum Claims: An Analysis of Yueqing Zhang v. Alberto Gonzales

Date: Oct 14, 2005

Recognition of Anti-Corruption as Political Opinion in Asylum Claims: An Analysis of Yueqing Zhang v. Alberto Gonzales Introduction The case of Yueqing Zhang v. Alberto Gonzales addresses critical...

Second Circuit Rules Shareholders of Failed Merger Cannot Sue as Third-Party Beneficiaries for Lost Premium

Date: Oct 13, 2005

Second Circuit Rules Shareholders of Failed Merger Cannot Sue as Third-Party Beneficiaries for Lost Premium Introduction The case of Consolidated Edison, Inc. v. Northeast Utilities delves into the...

Louis Vuitton v. Burlington Coat Factory: Reevaluating Likelihood of Confusion in Trademark Infringement

Date: Oct 13, 2005

Louis Vuitton v. Burlington Coat Factory: Reevaluating Likelihood of Confusion in Trademark Infringement Introduction The case of Louis Vuitton MALLETIER v. Burlington Coat Factory Warehouse Corp....

Courts Determine Employer Status Under MPPAA, Not Arbitrators: Teamsters Conference Pension Fund v. Express Services

Date: Oct 13, 2005

Courts Determine Employer Status Under MPPAA, Not Arbitrators: Teamsters Conference Pension Fund v. Express Services Introduction In the case of New York State Teamsters Conference Pension and...

O'Connor v. Wethersfield Board of Education: A Landmark Ruling on Procedural and Substantive Due Process in Employment Law

Date: Oct 12, 2005

O'Connor v. Wethersfield Board of Education: A Landmark Ruling on Procedural and Substantive Due Process in Employment Law Introduction The case of Thomas O'Connor v. Wethersfield Board of Education,...

Personal Jurisdiction and Antitrust Standing under Clayton Act Section 12: Comprehensive Analysis of Daniel v. American Board of Emergency Medicine

Date: Oct 8, 2005

Personal Jurisdiction and Antitrust Standing under Clayton Act Section 12: Comprehensive Analysis of Daniel v. American Board of Emergency Medicine Introduction Daniel v. American Board of Emergency...

Twombly Reaffirmed: Notice Pleading Standards in Sherman Act Antitrust Conspiracies

Date: Oct 4, 2005

Twombly Reaffirmed: Notice Pleading Standards in Sherman Act Antitrust Conspiracies Introduction The case of Twombly v. Dually and on behalf of all others similarly situated and Lawrence Marcus, Indi...

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