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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Prohibition of Pre-Retirement Mortality Discounts and Enforced Projection Rates under ERISA: Law-of-the-Case Doctrine in McCutcheon v. Colgate-Palmolive Co.

Prohibition of Pre-Retirement Mortality Discounts and Enforced Projection Rates under ERISA: Law-of-the-Case Doctrine in McCutcheon v. Colgate-Palmolive Co.

Date: Apr 5, 2025
Prohibition of Pre-Retirement Mortality Discounts and Enforced Projection Rates under ERISA: Law-of-the-Case Doctrine in McCutcheon v. Colgate-Palmolive Co. Introduction McCutcheon v....
Presumption of Comprehensive §3553(a) Consideration in Sentencing: United States v. Ullman

Presumption of Comprehensive §3553(a) Consideration in Sentencing: United States v. Ullman

Date: Apr 5, 2025
Presumption of Comprehensive §3553(a) Consideration in Sentencing: United States v. Ullman Introduction United States v. Ullman (2d Cir. Apr. 4, 2025) addresses two central sentencing questions: (1)...
Law-of-the-Case Governs ERISA Residual Annuity Calculations: Pre-Retirement Mortality Discounts and Uniform 20+1% Projection Rate Required

Law-of-the-Case Governs ERISA Residual Annuity Calculations: Pre-Retirement Mortality Discounts and Uniform 20+1% Projection Rate Required

Date: Apr 5, 2025
Law-of-the-Case Governs ERISA Residual Annuity Calculations: Pre-Retirement Mortality Discounts and Uniform 20+1% Projection Rate Required Introduction McCutcheon v. Colgate-Palmolive Co. is the...
United States v. Ullman: Clarifying Deferential Plain-Error Review and Reasonableness in Child Exploitation Sentencing

United States v. Ullman: Clarifying Deferential Plain-Error Review and Reasonableness in Child Exploitation Sentencing

Date: Apr 5, 2025
United States v. Ullman: Clarifying Deferential Plain-Error Review and Reasonableness in Child Exploitation Sentencing 1. Introduction In United States v. Ullman (2d Cir. 2025), the Second Circuit...
ERISA Law-of-the-Case: Prohibition on Mortality Discounts and Uniform Projection Rates in Residual Annuity Calculations

ERISA Law-of-the-Case: Prohibition on Mortality Discounts and Uniform Projection Rates in Residual Annuity Calculations

Date: Apr 5, 2025
ERISA Law-of-the-Case: Prohibition on Mortality Discounts and Uniform Projection Rates in Residual Annuity Calculations Introduction McCutcheon v. Colgate-Palmolive Co., decided April 4, 2025 by the...
ERISA Residual Annuity Calculation Standard: Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rate Requirement

ERISA Residual Annuity Calculation Standard: Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rate Requirement

Date: Apr 5, 2025
ERISA Residual Annuity Calculation Standard: Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rate Requirement Introduction McCutcheon v. Colgate-Palmolive Co., 24-1419 (2d...
Affirmation of Presumptive §3553(a) Consideration and Deferential Sentencing Review in United States v. Ullman

Affirmation of Presumptive §3553(a) Consideration and Deferential Sentencing Review in United States v. Ullman

Date: Apr 5, 2025
Affirmation of Presumptive §3553(a) Consideration and Deferential Sentencing Review in United States v. Ullman Introduction In United States v. Ullman, 24-987-cr (2d Cir. Apr. 4, 2025) (summary...
Clarifying Constitutional Boundaries for Prisoner Contraband Watch Procedures

Clarifying Constitutional Boundaries for Prisoner Contraband Watch Procedures

Date: Apr 4, 2025
Clarifying Constitutional Boundaries for Prisoner Contraband Watch Procedures Introduction In Johnson v. Chappius, 24-1225 (2d Cir. Apr. 3, 2025), the United States Court of Appeals for the Second...
Affirmation of Non-Punitive Retroactive Sex Offender Registration under Ex Post Facto and Due Process (Brown v. Mellekas)

Affirmation of Non-Punitive Retroactive Sex Offender Registration under Ex Post Facto and Due Process (Brown v. Mellekas)

Date: Apr 4, 2025
Affirmation of Non-Punitive Retroactive Sex Offender Registration under Ex Post Facto and Due Process (Brown v. Mellekas) Introduction Brown v. Mellekas (2d Cir. Apr. 3, 2025) addresses whether...
Establishing Standards for §1983 Challenges to Contraband Watch: Deliberate Indifference, Retaliation, and Liberty Interests

Establishing Standards for §1983 Challenges to Contraband Watch: Deliberate Indifference, Retaliation, and Liberty Interests

Date: Apr 4, 2025
Establishing Standards for §1983 Challenges to Contraband Watch: Deliberate Indifference, Retaliation, and Liberty Interests Introduction Johnson v. Chappius is a summary order issued by the United...
Counsel’s Duty at Sentencing: Strickland Standard and the Limits of Cronic Presumption

Counsel’s Duty at Sentencing: Strickland Standard and the Limits of Cronic Presumption

Date: Apr 4, 2025
Counsel’s Duty at Sentencing: Strickland Standard and the Limits of Cronic Presumption Introduction Baker v. Conway is a Second Circuit summary order issued on April 3, 2025, affirming the denial of...
No Automatic Cronic Presumption at Sentencing: Strickland Governs Counsel’s Duty and Prejudice in Baker v. Conway

No Automatic Cronic Presumption at Sentencing: Strickland Governs Counsel’s Duty and Prejudice in Baker v. Conway

Date: Apr 4, 2025
No Automatic Cronic Presumption at Sentencing: Strickland Governs Counsel’s Duty and Prejudice in Baker v. Conway Introduction Baker v. Conway is a 2025 decision of the U.S. Court of Appeals for the...
Reaffirming Deliberate Indifference and Due Process Boundaries in Prison Contraband Watches: The Johnson v. Chappius Rule

Reaffirming Deliberate Indifference and Due Process Boundaries in Prison Contraband Watches: The Johnson v. Chappius Rule

Date: Apr 4, 2025
Reaffirming Deliberate Indifference and Due Process Boundaries in Prison Contraband Watches: The Johnson v. Chappius Rule 1. Introduction The Court of Appeals for the Second Circuit’s decision in...
Clarifying Ineffective Assistance of Counsel at Sentencing: Strickland’s Application and the Limits of Cronic’s Presumption

Clarifying Ineffective Assistance of Counsel at Sentencing: Strickland’s Application and the Limits of Cronic’s Presumption

Date: Apr 4, 2025
Clarifying Ineffective Assistance of Counsel at Sentencing: Strickland’s Application and the Limits of Cronic’s Presumption Introduction This commentary examines Baker v. Conway, a summary order...
Establishing Objective Penological Necessity: The Non-Deliberate Indifference Standard for Contraband Watches in Johnson v. Chappius

Establishing Objective Penological Necessity: The Non-Deliberate Indifference Standard for Contraband Watches in Johnson v. Chappius

Date: Apr 4, 2025
Establishing Objective Penological Necessity: The Non-Deliberate Indifference Standard for Contraband Watches in Johnson v. Chappius Introduction The Second Circuit’s summary order in Johnson v....
Validation of Radiologically Based Contraband Watch Protocols: Constitutional Boundaries Under the Eighth, First, and Fourteenth Amendments

Validation of Radiologically Based Contraband Watch Protocols: Constitutional Boundaries Under the Eighth, First, and Fourteenth Amendments

Date: Apr 4, 2025
Validation of Radiologically Based Contraband Watch Protocols: Constitutional Boundaries Under the Eighth, First, and Fourteenth Amendments Introduction Johnson v. Chappius (2d Cir. 2025) arose from...
Counsel’s Duty at Sentencing: Establishing Effective Assistance Standards in Baker v. Conway

Counsel’s Duty at Sentencing: Establishing Effective Assistance Standards in Baker v. Conway

Date: Apr 4, 2025
Counsel’s Duty at Sentencing: Establishing Effective Assistance Standards in Baker v. Conway Introduction This commentary examines the Second Circuit’s summary order in Baker v. Conway, decided April...
Contraband Watches and Constitutional Protections: Defining Eighth and Fourteenth Amendment Boundaries

Contraband Watches and Constitutional Protections: Defining Eighth and Fourteenth Amendment Boundaries

Date: Apr 4, 2025
Contraband Watches and Constitutional Protections: Defining Eighth and Fourteenth Amendment Boundaries Introduction This commentary examines the Second Circuit’s summary order in Johnson v. Chappius,...
Retroactive Sex Offender Registration: Regulatory, Not Punitive – Brown v. Mellekas

Retroactive Sex Offender Registration: Regulatory, Not Punitive – Brown v. Mellekas

Date: Apr 4, 2025
Retroactive Sex Offender Registration: Regulatory, Not Punitive – Brown v. Mellekas Introduction In Brown v. Mellekas, 24-970-cv (2d Cir. Apr. 3, 2025), the United States Court of Appeals for the...
Regulatory Retrospection: Brown v. Mellekas – Retroactive Sex-Offender Registration and the Ex Post Facto Clause

Regulatory Retrospection: Brown v. Mellekas – Retroactive Sex-Offender Registration and the Ex Post Facto Clause

Date: Apr 4, 2025
Regulatory Retrospection: Brown v. Mellekas – Retroactive Sex-Offender Registration and the Ex Post Facto Clause Introduction In Brown v. Mellekas (2d Cir. Apr. 3, 2025), the United States Court of...
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