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Official Hyperbole as Non-Actionable Opinion: Standing and Defamation Post Miller v. James Introduction Miller v. James, decided April 9, 2025 by the Second Circuit, arose from a press conference...
Explicit Waiver of Foreign Sovereign Immunity Under the FSIA: The “Any Court” Clause Introduction Williams v. Federal Government of Nigeria, decided April 9, 2025 by the United States Court of...
Private Search Doctrine and Evidentiary Hearing Standards in Cybertipline Investigations: United States v. Young Introduction United States v. Young (2d Cir. Apr. 9, 2025) addresses the intersection...
Affirming the PLRA Dead-End Exception: Transfer-Induced Unavailability of Administrative Remedies Introduction Edwards v. Destefano, decided on April 9, 2025 by the United States Court of Appeals for...
Edwards v. Destefano: Extending the “Dead-End” Exception under the PLRA Introduction This commentary examines the Second Circuit’s decision in Edwards v. Destefano, which addressed whether the sudden...
Specific-Fact Threshold for Evidentiary Hearings in Cyber-Search Suppression Motions Introduction The Second Circuit’s decision in United States v. Young, 23-6461-cr (2d Cir. Apr. 9, 2025), addresses...
Explicit Waiver of Sovereign Immunity under FSIA: Clarity and Enforceability of Foreign-State Guarantees 1. Introduction This commentary examines the United States Court of Appeals for the Second...
Miller v. James: Non-Actionability of Hyperbolic Official Statements as Defamation Introduction Miller et al. v. James is a Second Circuit summary order decided April 9, 2025. Plaintiffs Monica...
Enforceability of Explicit Sovereign Immunity Waivers under the FSIA Introduction Williams v. Federal Government of Nigeria, decided on April 9, 2025 by the United States Court of Appeals for the...
United States v. Young: Evidentiary-Hearing Thresholds for Third-Party Cyber Searches Introduction United States v. Young (2d Cir. Apr. 9, 2025) addresses the circumstances under which a defendant is...
Recognizing Transfer-Induced “Dead Ends” in Prison Grievance Exhaustion: Edwards v. Destefano Introduction In Edwards v. Destefano, the Second Circuit confronted the question whether a prisoner’s...
Clarifying the Private-Search Doctrine and Evidentiary Hearing Standard in CyberTipline-Triggered Investigations 1. Introduction United States v. Young (2d Cir. Apr. 9, 2025) arises from a...
Establishing Probable Cause in Cyber Searches: The Private Search Doctrine and Evidentiary Hearing Requirement Under United States v. Young Introduction United States v. Young, 23-6461-cr (2d Cir....
Miller v. James: Clarifying Standing and the Opinion Doctrine for Public Officials' Rhetoric Introduction Miller v. James is a summary order issued by the United States Court of Appeals for the...
Official Rhetorical Hyperbole as Non-Actionable Opinion: Standing and Defamation Limits in Miller v. James Introduction In Miller et al. v. James, 24-2785 (2d Cir. Apr. 9, 2025), the U.S. Court of...
Nonmovant’s Sworn Statements Sufficient to Defeat Summary Judgment: Knox v. CRC Management Co. Introduction Knox v. CRC Management Co., decided April 9, 2025 by the United States Court of Appeals for...
Non-Designated “Terrorist” Label as Protected Opinion: Miller v. James 1. Introduction Miller v. James (2d Cir. Apr. 9, 2025) is a summary order affirming the dismissal of a civil rights and...
United States v. Young: Concrete Factual Showing Requirement for Evidentiary Hearings in Fourth Amendment Cyber Searches Introduction In United States v. Young, 23-6461-cr (2d Cir. Apr. 9, 2025), the...
Edwards v. Destefano: Transfer-Induced Dead-End Tolling Under the PLRA Introduction This case arises under 42 U.S.C. § 1983 and the administrative exhaustion requirement of the Prison Litigation...