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8 Dec 2013, 7:23 am by Howard Friedman
LEXIS 171112 (SD NY, Dec. 2, 2013), a New York federal district court permitted an Episcopalian inmate to proceed against one of the defendants on his complaint that his request to be let out of keeplock to attend Christmas services was denied.In Woods v. [read post]
5 Dec 2013, 5:00 am
  As the district court put it in Watkins, “Primary jurisdiction ‘is a doctrine specifically applicable to claims properly cognizable in court that contain some issue within the special competence of an administrative agency. [read post]
5 Dec 2013, 4:00 am by The Public Employment Law Press
Transgender client of New York City's HIV/AIDS Service Administration sues after agency refused to change its records to reflect her legal name and change of genderDoe v City of New York, 2013 NY Slip Op 23403, Supreme Court, New York County  A transgender female client of the New York City Human Resources Administration's (HRA) HIV/AIDS Services Administration (HASA) sued HASA after her request that HASA update its records to reflect her… [read post]
3 Dec 2013, 4:00 am by The Public Employment Law Press
The Union representing EMTs and paramedics filed an improper practice petition alleging that the Department had violated the New York City Collective Bargaining Law (Administrative Code of City of NY § 12-301 et seq.) by unilaterally implementing the termination provision without first bargaining in good faith with the unions. [read post]
2 Dec 2013, 12:00 pm by Wells Bennett
Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; Judge George O’Toole of the United States District Court for the District of Massachusetts heard argument on Tsarnaev’s bid to vacate the measures last month but has yet decide the matter. [read post]
29 Nov 2013, 7:16 am by Lawrence Higgins
The fellow will assume significant academic, advising and administrative responsibilities. [read post]
26 Nov 2013, 2:26 am by Bob Kraft
” Also covering the story are the Wall Street Journal, Modern Healthcare, Buffalo (NY) Business First, AFP, and Reuters. [read post]
24 Nov 2013, 11:00 am by Howard Friedman
LEXIS 163949 (ND CA, Nov. 14, 2013), a California federal district court rejected an inmate's claim that his rights under the free exercise and establishment clauses were violated by the involuntary administration to him of anti-psychotic drugs. [read post]
21 Nov 2013, 6:15 pm by Cyrus Farivar
United States Attorney's Office, Southern District of NY New court filings against Ross Ulbricht, the young Texan accused of being the mastermind behind the notorious Silk Road website, show compelling evidence that he was the man at the helm. [read post]
21 Nov 2013, 4:00 am by The Public Employment Law Press
., 2013 NY Slip Op 07362, Appellate Division, Fourth DepartmentThe Monroe County Deputy Sheriff's Association, Inc. [read post]
21 Nov 2013, 3:33 am by The Public Employment Law Press
” Section 13-173.1 of New York City’s Administrative Code requires an employee to "be in service" on the effective date of his or her retirement or vesting of retirement benefits. [read post]
20 Nov 2013, 8:59 am by Dan Ernst
In 1981, as the Reagan administration took office, they interpreted Fiallo as the Supreme Court's blessing of congressionally-approved sex-specific legislation. [read post]
19 Nov 2013, 5:39 am
Ithaca, NY: Cornell University Press.)Those notions of autonomy, self-referencing based on constant communication through cases among a separate class of actors (judges and lawyers) continue to serve to preserve systemic integrity. [read post]
18 Nov 2013, 5:06 am
The Board moved to dismiss Marsico’s petition based upon the doctrine of primary jurisdiction.** Supreme Court granted the Board’s motion to the extent that it  “stayed the proceeding and referred the matter to the Commissioner of Education” The Commissioner subsequently decided Marisco’s administrative appeal challenging the Board's several determinations and agreed with the Board, dismissing her administrative appeal on the merits.… [read post]
18 Nov 2013, 4:00 am by The Public Employment Law Press
The Board moved to dismiss Marsico’s petition based upon the doctrine of primary jurisdiction.** Supreme Court granted the Board’s motion to the extent that it  “stayed the proceeding and referred the matter to the Commissioner of Education” The Commissioner subsequently decided Marisco’s administrative appeal challenging the Board's several determinations and agreed with the Board, dismissing her administrative appeal on the merits.… [read post]
14 Nov 2013, 1:04 pm by Roshonda Scipio
Administrative LawFederal administrative law / by Gary Lawson.Lawson, Gary, 1958-St. [read post]
14 Nov 2013, 5:15 am by Kevin Sheerin
The appeal court held that the one year suspension was not so disproportionate to the offense to be "shocking to one's sense of fairness or an abuse of discretion as a matter of law" read about this Article 78 NYS DMV case here. [read post]