Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller Note: This decision was issued as a Summary...
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds Introduction...
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6) Introduction This commentary analyzes the Second...
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned Introduction In Ripple...
Materiality of Temporal Inconsistencies in Credibility Assessments — Analytical Commentary on Bannikov v. Bondi, 24-1202 (2d Cir. 2025) 1. Introduction Parties: Russian nationals Pavel Bannikov,...
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi Introduction In Gualan-Pomaquiza v. Bondi, No. 23-7852 (2d...
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: The Second Circuit’s Decision in EEOC v. AAM Holding Corp. Introduction On 25 August 2025 the United States Court of Appeals for the Second...
Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) Commentary on United States v. Mercado, 25-206-cr (2d Cir. Aug. 25 2025) 1. Introduction United States...
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions on Supervised Release Commentary on United States v. Ford, 24-1454 (2d Cir. Aug. 22, 2025) Introduction United States v....
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella Introduction On 22 August 2025 the United...
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: The Second Circuit’s Refined Approach in Sullivan v. UBS AG (2025) Introduction In Sullivan v. UBS AG, the United States...
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement Introduction In United States v. Bullock, No. 23-7341 (2d Cir....
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves, Inc. v. Romero 1. Introduction The Court of Appeals for the Second Circuit has...
“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Comprehensive Commentary on United States v. Hotaling 1. Introduction The Second Circuit’s...
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions and Affirms Minimal First-Amendment Burden Introduction Walden v. Kosinski,...
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations A Comprehensive Commentary on Azatullah v. Noem, 2d Cir. Aug. 20, 2025 1. Introduction Azatullah v....
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton Introduction On 20 August 2025 the United States Court of Appeals for the...
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” A Comprehensive Commentary on United States v. EZ Lynk, 24-2386 (2d Cir. Aug. 20 2025) 1....
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits 1. Introduction Clark v. Hemphill Artworks,...
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....