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The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine v Board of Education, 173… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

A final determination and the exhaustion of administrative remedies are typically essential to obtaining judicial review of the administrative determination

30 Aug 2023, 6:00 am by Public Employment Law Press

The exhaustion of administrative remedies rule, however, "is not inflexible and need not be followed where an agency's action is challenged as either unconstitutional or wholly beyond its grant of power" [see Watergate II Apartments v Buffalo Sewer, 46 NY2d 52] or where it is alleged that the administrative agency or process followed by the administrative agency violates the individual's constitutional rights to due process [see Levine v Board of Education, 173… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

The Government’s Section 702 Playbook Doesn’t Work Anymore

30 Aug 2023, 5:55 am by Patrick C. Toomey

As momentum to reform the sprawling Section 702 surveillance program continues to grow, current and former intelligence officials have mounted a public relations campaign defending their spying powers. [read post]

Just Security - https://www.justsecurity.org/

What is (and is not) considered retaliation?

30 Aug 2023, 4:45 am by Eric B. Meyer

In 2006, the Supreme Court set the bar for retaliation in Burlington Northern & Santa Fe Railway Company v. [read post]

The Employer Handbook - http://www.theemployerhandbook.com/

Diversity, Racial Balancing, and the Experience of Race

30 Aug 2023, 4:38 am by Michael C. Dorf

After all, in his dissent in Grutter v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Eugene Volokh] The Fifth Circuit on the "Trump Train" / Biden-Harris Bus Lawsuit

29 Aug 2023, 2:21 pm by Eugene Volokh

See, e.g., Bray v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Waking watch costs and failing to do Fire Risk Assessments

29 Aug 2023, 11:20 am by Giles Peaker

At page 23, after reviewing the fire protection and procedural arrangements observed by the assessor at the time of his inspection, the assessor recorded that the likelihood of fire at the premises was “medium” and that there was a risk of “moderate harm” in the event of a fire. [read post]

nearlylegal - http://nearlylegal.co.uk/blog