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[Eugene Volokh] "So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"
12 Jul 2022, 2:26 pm by Eugene Volokh
., dissenting, joined by Siler and Griffin, JJ.). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Case Law, Ireland: Tallon v DPP, Political Expression, autonomous communication and anti-social behaviour orders – Eoin O’Dell
7 Jul 2022, 2:05 pm by INFORRM
And, in Dunnes Stores v Ryan [2002] IEHC 61 (5 June 2002), Kearns J in the High Court struck down section 19(6) of the Companies Act, 1990 (also here), which required a company to provide an explanation or make a statement to an officer making inquiries about the company, on the grounds, inter alia, that it infringed the right to silence implied into Article 40.6.1(i) (a right now being relocated to Article 38.1 of the Constitution insofar as it relates to the… [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
[Josh Blackman] Why Didn't Kennedy Formally Overrule Lemon?
2 Jul 2022, 10:44 pm by Josh Blackman
See Dobbs (BREYER, SOTOMAYOR, and KAGAN, JJ., dissenting) (explaining that the Framers "defined rights in general terms to permit future evolution in their scope and meaning"); New York State Rifle & Pistol Assn., Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Should a petitioner failed to offer a reasonable excuse for his failure to timely serve the notice of claim on a public entity, "the absence of a reasonable excuse is not fatal to the petition where there was actual notice and absence of prejudice"
1 Jul 2022, 9:03 pm by Public Employment Law Press
CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
CONNOLLY, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
., Kern, Mazzarelli, Singh, Rodriguez, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where a clear explanation of proposed rules and its requirements are provided by the adopting public entity, the entity's provided a full rationale for adopting the rule is not required at the time of its promulgation if the record reveals that the rule had a rational basis
1 Jul 2022, 9:01 pm by Public Employment Law Press
., Kern, Mazzarelli, Singh, Rodriguez, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
City of Cleveland Property Tax Abatement: The Study, Key Findings and Recommendations
1 Jul 2022, 9:09 am by Richard A. Morehouse
The Study In the summer of 2019, Cleveland’s Office of Community Development and the Equitable Community Development Working Group commissioned a study (the “Study”) to identify the historic usage of the City’s Tax Abatement Program (the “Program”), as well as the benefits the Program provides to the City over time and what changes could be made to the Program to enhance housing and investment equity throughout the City. [read post]
KJK Legal News & Insights - https://kjk.com/news-insights/
Monthly Round-Up of What to Read on Pharma Law and Policy
1 Jul 2022, 5:00 am by Ameet Sarpatwari
Moneer O, Daly G, Skydel JJ, Nyhan K, Lurie P, Ross JS, Wallach JD. [read post]
Bill of Health - https://blog.petrieflom.law.harvard.edu/
Can Discovery Evidence Be Used in a Criminal Case, More Guidance From R v JJ, 2022 SCC 28
30 Jun 2022, 11:13 am by Heather Douglas
The post Can Discovery Evidence Be Used in a Criminal Case, More Guidance From R v JJ, 2022 SCC 28 appeared first on Slaw. [read post]
Slaw - http://www.slaw.ca/
US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination
29 Jun 2022, 11:24 pm by Jon L. Gelman
In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. [read post]
Workers' Compensation - http://workers-compensation.blogspot.com/
Pre & Post VARA: A Study of the Protection of Public Art
29 Jun 2022, 7:00 am by minellim
Image Caption: “Dondi 1979 (IRT express train)” by JJ & Special K is licensed under CC-BY-SA 2.0 By Tokunbo Fashanu and Julianne Schmidt. [read post]
Center for Art Law Blog - http://itsartlaw.com
Goodbye to the Establishment Clause
27 Jun 2022, 9:01 pm by Leslie C. Griffin
., at ___ (BREYER, SOTOMAYOR, and KAGAN, JJ., dissenting) (slip op., at 16) (explaining that the Framers “defined rights in general terms to permit future evolution in their scope and meaning”); New York State Rifle & Pistol Assn., Inc. v. [read post]
Verdict - http://verdict.justia.com/
The United States Supreme Court holds that law-abiding citizens have Second Amendment rights to keep and bear arms in public for self-defense
24 Jun 2022, 9:10 pm by Public Employment Law Press
NOTE: The syllabus of the Court's ruling set out below constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The United States Supreme Court holds that law-abiding citizens have Second Amendment rights to keep and bear arms in public for self-defense
24 Jun 2022, 9:10 pm by Public Employment Law Press
NOTE: The syllabus of the Court's ruling set out below constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
., Lynch, Pritzker, Ceresia and Fisher, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
., Lynch, Pritzker, Ceresia and Fisher, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress when supported by substantial evidence will not be disturbed
24 Jun 2022, 9:08 pm by Public Employment Law Press
., Lynch, Aarons, Reynolds Fitzgerald and Ceresia, JJ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/