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A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
BIANCO, STEVEN J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
BIANCO, STEVEN J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Summaries Sunday: Supreme Advocacy
19 May 2024, 4:01 am by Administrator
The Blood Tribe is entitled to the following declaration: under the treaty land entitlement provisions of Treaty No. 7, the Tribe was entitled to a reserve equal to 710 square miles in area; the current reserve is 162.5 square miles smaller in area than what was promised in Treaty No. 7; and Canada, having provided the Tribe with a reserve of 547.5 square miles in area, dishonourably breached the treaty land entitlement provisions of Treaty No. 7. [read post]
Slaw - http://www.slaw.ca/
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
15 May 2024, 7:41 am by Eric Goldman
(Thomas, J.). [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
[Eugene Volokh] N.C. Court Holds Selective COVID Shutdown May Have Violated State Constitution's "Fruits of Labor" Clause
17 Apr 2024, 8:59 am by Eugene Volokh
" Treants Enterprises, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
National Small Business Association v. Janet Yellen, Case 5:22-cv-01448-LCB (NDAla, slip op. 1 March 2024): Corporate Transparency Act Unconstitutional Pending Appeal
4 Mar 2024, 5:56 pm
ICON Health &Fitness, Inc., 572 U.S. 545, 553 (2014), and the text of the CTA is wide-ranging inscope. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
Case Summaries: Fourth Circuit Court of Appeals (Jan. 2024)
13 Feb 2024, 11:53 am by Phil Dixon
He agreed that the prison officials were entitled to qualified immunity on the conditions of confinement claim but would have held that such conditions violate the Eighth Amendment (a question not squarely decided by the majority) in order to clearly establish the right to be free from such conditions in future cases. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The First Amendment Does Not Prohibit The Government From Addressing Big Tech Censorship, by Brendan Carr and Nathan Simington
11 Jan 2024, 2:58 pm by Guest Author
Introduction The Supreme Court has described social media as “the modern public square. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Jonathan H. Adler] En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"
3 Jan 2024, 1:31 pm by Jonathan H. Adler
"), with Axon Enter., Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Article III and Seventh Amendment Challenges to Agency Adjudication in the Lower Courts, by Matthew Wiener & Jonathan Wiersema
24 Nov 2023, 6:08 pm by Guest Author
This so-called “Article III puzzle” poses the question of “how do we square adjudication on a mass scale by administrative agencies with the text of Article III? [read post]
Notice & Comment - https://www.yalejreg.com/nc/
DOJ Will Use Trump’s Continued Embrace of Jan. 6 Rioters to Prove Its Case
10 Nov 2023, 5:58 am by Tom Joscelyn
“I call them the ‘J-6 hostages,’ not prisoners,” Trump said. [read post]
Just Security - https://www.justsecurity.org/
Blog Post: 2023 Edition of Workers’ Compensation Emerging Issues Analysis (LexisNexis)
21 Sep 2023, 7:20 am by Robin E. Kobayashi
Fuerst & Robert J. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
Guest Post: Sup. Ct. to Rule When Feds Must Provide Enforcement Action Jury Trial
16 Aug 2023, 10:52 am by Kevin LaCroix
Greg Markel Gershon AkermanAs I noted in a prior post (here), in June, the U.S. [read post]
The D & O Diary - http://www.dandodiary.com/
Law and Media Round Up – 3 July 2023
3 Jul 2023, 4:07 am by INFORRM
Last Week in the Courts Fancourt J heard closing submissions in the trial of Various Claimants v MGN. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
High Bar for Challenge of Business Decisions by an Independent Board
30 Jun 2023, 6:31 am
Mangino, Andrew J. [read post]
Harvard Law School Forum on Corporate Governance - https://corpgov.law.harvard.edu
High Bar for Challenge of Business Decisions by an Independent Board
30 Jun 2023, 6:31 am
Mangino, Andrew J. [read post]
The Harvard Law School Corporate Governance Blog - https://corpgov.law.harvard.edu/
[Eugene Volokh] The First Amendment and Refusals to Deal
25 Jun 2023, 10:54 am by Eugene Volokh
[Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Court Erred in Dismissing Challenge to L.A. City Employee COVID Vaccine Mandate
23 Jun 2023, 9:58 am by Eugene Volokh
[So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Roaming Polansky and the Constitutionality of Qui Tam
19 Jun 2023, 8:56 pm by Josh Blackman
Cochise Consultancy, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/