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  • Commentaries
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2d Circuit Case Commentaries

Affirming Discretion in Sentencing: Balancing Federal Guidelines with §3553(a) Factors

Affirming Discretion in Sentencing: Balancing Federal Guidelines with §3553(a) Factors

Date: Mar 13, 2025
Affirming Discretion in Sentencing: Balancing Federal Guidelines with §3553(a) Factors Introduction The case of United States of America v. Darren Smith addresses important issues in federal criminal...
Affirming the Mt. Healthy Defense: Balancing Protected Speech and Professional Conduct in Administrative Decisions

Affirming the Mt. Healthy Defense: Balancing Protected Speech and Professional Conduct in Administrative Decisions

Date: Mar 13, 2025
Affirming the Mt. Healthy Defense: Balancing Protected Speech and Professional Conduct in Administrative Decisions Introduction The recent appellate decision in the case of R. Michael Cestaro, a...
Affirming Denial of Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): Emphasis on § 3553(a) Factors in United States v. Domingo Pimentel

Affirming Denial of Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): Emphasis on § 3553(a) Factors in United States v. Domingo Pimentel

Date: Mar 13, 2025
Affirming Denial of Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): Emphasis on § 3553(a) Factors in United States v. Domingo Pimentel Introduction The case of United States of America,...
Revisiting Default Triggers and Prejudgment Interest: New Perspectives in Cross-Jurisdictional Contract Enforcement

Revisiting Default Triggers and Prejudgment Interest: New Perspectives in Cross-Jurisdictional Contract Enforcement

Date: Mar 10, 2025
Revisiting Default Triggers and Prejudgment Interest: New Perspectives in Cross-Jurisdictional Contract Enforcement Introduction The case of American GreenFuels Rockwood (Tennessee), LLC v. Aik Chuan...
Revisiting Political Opinion in Asylum and CAT Claims: Evidentiary Imperatives in Shuqiang Tian v. Bondi

Revisiting Political Opinion in Asylum and CAT Claims: Evidentiary Imperatives in Shuqiang Tian v. Bondi

Date: Mar 10, 2025
Revisiting Political Opinion in Asylum and CAT Claims: Evidentiary Imperatives in Shuqiang Tian v. Bondi Introduction The case of Shuqiang Tian v. Pamela Bondi, United States Attorney General,...
Clarifying the Knowledge Requirement in Mandatory Restitution for Conspiracy-Related Extortion

Clarifying the Knowledge Requirement in Mandatory Restitution for Conspiracy-Related Extortion

Date: Mar 10, 2025
Clarifying the Knowledge Requirement in Mandatory Restitution for Conspiracy-Related Extortion Introduction The case of United States of America v. Michael Uvino presents complex issues relating to...
Dismissing the Premature Appeal: Clarifying the Non-Finality of Dismissals with Leave to Amend in Pro Se Litigation

Dismissing the Premature Appeal: Clarifying the Non-Finality of Dismissals with Leave to Amend in Pro Se Litigation

Date: Mar 10, 2025
Dismissing the Premature Appeal: Clarifying the Non-Finality of Dismissals with Leave to Amend in Pro Se Litigation Introduction In the case of Scott Phillip Lewis, Plaintiff-Appellant, v. Paymaster...
New Precedent on Waiver Requirements and Nexus in Asylum and Withholding Relief Cases

New Precedent on Waiver Requirements and Nexus in Asylum and Withholding Relief Cases

Date: Mar 10, 2025
New Precedent on Waiver Requirements and Nexus in Asylum and Withholding Relief Cases Introduction The case of Jeniffer Sarai Ortiz-Argueta and Jonathan Manfredo Grande-Ortiz v. Pamela Bondi, United...
Aggregated Retaliatory Acts as Adverse Actions: A New Standard in Prisoner First Amendment Claims

Aggregated Retaliatory Acts as Adverse Actions: A New Standard in Prisoner First Amendment Claims

Date: Mar 10, 2025
Aggregated Retaliatory Acts as Adverse Actions: A New Standard in Prisoner First Amendment Claims Introduction The case of Carlton Walker v. Richard Senecal and Brian Benware represents a significant...
Warrantless Pole-Camera Surveillance: A New Standard for Fourth Amendment Analysis

Warrantless Pole-Camera Surveillance: A New Standard for Fourth Amendment Analysis

Date: Mar 10, 2025
Warrantless Pole-Camera Surveillance: A New Standard for Fourth Amendment Analysis Introduction This commentary examines the seminal decision in United States of America, Appellee, v. Kenston Harry,...
Asset Unblocking and the Limits of TRIA Execution: A New Judicial Clarification

Asset Unblocking and the Limits of TRIA Execution: A New Judicial Clarification

Date: Mar 10, 2025
Asset Unblocking and the Limits of TRIA Execution: A New Judicial Clarification Introduction The case of JOHN DOE #1 through JOHN DOE #7 v. THE DEPOSIT GUARANTEE FUND, THE TALIBAN, AL-QAEDA, THE...
Reaffirming the Role of Peripheral Evidence in Drug Conspiracy Cases: Insights from United States v. Wiley & Watson

Reaffirming the Role of Peripheral Evidence in Drug Conspiracy Cases: Insights from United States v. Wiley & Watson

Date: Mar 10, 2025
Reaffirming the Role of Peripheral Evidence in Drug Conspiracy Cases: Insights from United States v. Wiley & Watson Introduction In the recent summary order issued by the United States Court of...
Defining Cognizable Social Groups: The Second Circuit’s New Benchmark in Asylum and CAT Claims

Defining Cognizable Social Groups: The Second Circuit’s New Benchmark in Asylum and CAT Claims

Date: Mar 10, 2025
Defining Cognizable Social Groups: The Second Circuit’s New Benchmark in Asylum and CAT Claims Introduction In the recent decision of Rene Fabian Fernandez-Leon, Katherine Alejandra...
Forfeiture of Late Objections: Clarifying the Non-Jurisdictional Nature of Notice-to-Appear Requirements in Immigration Removal Proceedings

Forfeiture of Late Objections: Clarifying the Non-Jurisdictional Nature of Notice-to-Appear Requirements in Immigration Removal Proceedings

Date: Mar 10, 2025
Forfeiture of Late Objections: Clarifying the Non-Jurisdictional Nature of Notice-to-Appear Requirements in Immigration Removal Proceedings Introduction This commentary analyzes the recent decision...
Affirming the Threshold for Pretext in Employment Discrimination: A Landmark Affirmation of Summary Judgment Standards under NYSHRL and NYCHRL

Affirming the Threshold for Pretext in Employment Discrimination: A Landmark Affirmation of Summary Judgment Standards under NYSHRL and NYCHRL

Date: Mar 10, 2025
Affirming the Threshold for Pretext in Employment Discrimination: A Landmark Affirmation of Summary Judgment Standards under NYSHRL and NYCHRL Introduction The case of Manmohan Uttarwar v. Lazard...
Divestiture Jurisdiction Confirmed: The Impact of Notice of Appeal on Interlocutory Review

Divestiture Jurisdiction Confirmed: The Impact of Notice of Appeal on Interlocutory Review

Date: Mar 10, 2025
Divestiture Jurisdiction Confirmed: The Impact of Notice of Appeal on Interlocutory Review Introduction In the case of Jane Doe, Plaintiff-Appellant, v. Mark Waltzer, Defendant-Appellee, New York...
Defining Provider Classes and Pre‐Approval Standards for State‐Directed Medicaid Payments

Defining Provider Classes and Pre‐Approval Standards for State‐Directed Medicaid Payments

Date: Mar 10, 2025
Defining Provider Classes and Pre‐Approval Standards for State‐Directed Medicaid Payments Introduction The Judgment in Safe Haven Home Care, Inc. et al. v. United States Department of Health and...
Clarifying Reopening of Removal Proceedings: Prima Facie Eligibility and Equitable Tolling in Immigration Law

Clarifying Reopening of Removal Proceedings: Prima Facie Eligibility and Equitable Tolling in Immigration Law

Date: Mar 6, 2025
Clarifying Reopening of Removal Proceedings: Prima Facie Eligibility and Equitable Tolling in Immigration Law Introduction The case of BAO DI LIN v. PAMELA BONDI, United States Attorney General...
Enduring Judicial Imprimatur and Prevailing Party Status: A New Standard for Awarding Attorney's Fees

Enduring Judicial Imprimatur and Prevailing Party Status: A New Standard for Awarding Attorney's Fees

Date: Mar 6, 2025
Enduring Judicial Imprimatur and Prevailing Party Status: A New Standard for Awarding Attorney's Fees Introduction The Judgment in Robert Sampson, Plaintiff-Appellant, v. Stony Brook University,...
Clarifying the Sequential Determination Requirement for LPR Reentry: Admission Versus Parole

Clarifying the Sequential Determination Requirement for LPR Reentry: Admission Versus Parole

Date: Mar 6, 2025
Clarifying the Sequential Determination Requirement for LPR Reentry: Admission Versus Parole Introduction The case of Muk Choi Lau v. Pamela Bondi, United States Attorney General presents a pivotal...
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