Search for: "Mark L Garcia"
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15 May 2024, 6:00 am
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
15 May 2024, 6:00 am
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
13 May 2024, 7:09 am
Geller and Homero López Jr. [read post]
22 Apr 2024, 5:00 am
Many state and local officials host social media sites and use them to converse with followers on matters related to their governmental responsibilities, among other things.[1] Not surprisingly, many choose to block from their sites certain members of the public they find disagreeable.[2] Being disagreeable, or at least in disagreement with such actions, blocked followers sometimes sue alleging that their exclusion violates the First Amendment.[3] One of the most notable examples was a… [read post]
8 Apr 2024, 4:33 am
Australian Foreign Minister Penny Wong said today that retired Air Chief Marshall Mark Binskin, who previously served as chief of the Defense Force, will serve in the role, where he “will engage with Israel and the Israel Defense Forces on the response to the attack. [read post]
4 Oct 2023, 7:41 am
Department of Justice (June 16, 2023) Government motion for a protective order limiting the disclosure of discovery information (June 16, 2023) Garcia Hearings Paperless order granting in part Government motion for Garcia hearings regarding Nauta, De Oliveira and counsel (Sept. 25, 2025) Government reply in support of Garcia hearing regarding De Oliveira and counsel (Sept. 6, 2023) De Oliveira opposition to government motion for a Garcia hearing (Aug. 30, 2023)… [read post]
4 May 2023, 9:05 pm
It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary. [read post]
13 Feb 2023, 7:54 am
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. [read post]
13 Apr 2022, 6:23 am
Khan QC stated that the ICC would open a third investigation against Russia for alleged war crimes and crimes against humanity committed during the Russian invasion into Ukraine, which began on February 24, 2022; Whereas Ukraine has also filed a claim in the International Court of Justice (ICJ) instituting proceedings against the Russian Federation related to genocide under the Genocide Convention; and … The Senate— … (2) encourages member states to petition the ICC or other… [read post]
6 Mar 2022, 5:46 am
The legislature amended Civil Service Law § 167 (8) to provide that "the state cost of premium or subscription charges for eligible employees covered by such agreement may be modified pursuant to the terms of such agreement" (L 2011, ch 491, § 2; see Civil Service Law § 167 [8]). [read post]
6 Mar 2022, 5:46 am
The legislature amended Civil Service Law § 167 (8) to provide that "the state cost of premium or subscription charges for eligible employees covered by such agreement may be modified pursuant to the terms of such agreement" (L 2011, ch 491, § 2; see Civil Service Law § 167 [8]). [read post]
8 Dec 2021, 5:21 am
At the same time it is a reminder that constitutional systems, however incompatible, share a core characteristic--the institution of legitimacy framing principles and rules, of conceptual and policy taboos--that mark the difference between systems for the unimpeded exercise of discretion, from those that are bounded (strictly at least in theory) by the normative and rule constraints that reflect their fundamental character (discussed in From Constitution to Constitutionalism). [read post]
8 Nov 2021, 8:26 am
This becomes more important in times of tension,l especially when two or more opposing systems seek advantage in their contests for re-adjusting the nature of the relationship between them. [read post]
23 Mar 2021, 3:39 am
I never mistook them for vegetablesText and coneflower photo Copyright John L. [read post]
30 Dec 2020, 2:19 pm
L. [read post]
30 Dec 2020, 2:19 pm
L. [read post]
17 Sep 2020, 2:40 pm
Wodehouse Art Hinshaw Artnegotiates Arizona State Negotiation Dispute Resolution Zachary Kramer zachary_kramer Arizona State Kris Mayes krismayes Arizona State Steve Clowney steveclowney Arkansas-Fayetteville Property Race & the Law Land Use Stacy Leeds stacyleeds Arkansas-Fayetteville Property American Indian Law Legal Education Jill Lens jillwieberlens Arkansas-Fayetteville Torts Remedies Women & the Law Cynthia Nance Nancecy… [read post]
11 Aug 2020, 6:00 am
Key Findings The Low-Income Housing Tax Credit (LIHTC) offers developers nonrefundable and transferable tax credits to subsidize the construction and rehabilitation of housing developments that have strict income limits for eligible tenants and their cost of housing. [read post]
14 Jul 2020, 9:08 am
For those of you interested in comparative constitutionalism in general, and Latin American Marxist-Leninist Constitutional development more specifically, on behalf of my co-authors Flora Sapio (Naples) and James Korman (Penn State), I am delighted to announce the publication of our article: "Popular Participation in the Constitution of the Illiberal State: An Empirical Study of Popular Engagement and Constitutional Reform in Cuba and the Contours of Cuban Socialist Democracy 2.0,"… [read post]
7 Jul 2020, 1:22 pm
Mary L. [read post]