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25 Aug 2023, 5:30 am
Photo courtesy of Samantha Barbas.Actual Malice tells the full story of New York Times v. [read post]
25 Aug 2023, 5:00 am
# # #DECISIONBethel Springvale Nursing Home, Inc. v Gleason [read post]
24 Aug 2023, 11:35 am
This post is by Carlos Manuel Vázquez, a professor of law at Georgetown Law School. [read post]
24 Aug 2023, 8:55 am
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
24 Aug 2023, 8:00 am
” In some instances, workers would be reassigned, while in other instances, job opportunities would be lost.Alleging that such practices violated Title VII of the Civil Rights Act of 1964, the EEOC filed suit, (EEOC v. [read post]
24 Aug 2023, 6:00 am
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of Educ., 30 NY3d… [read post]
24 Aug 2023, 6:00 am
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of Educ., 30 NY3d… [read post]
How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment
24 Aug 2023, 5:55 am
The district court for the Southern District of New York, in U.S. v. [read post]
23 Aug 2023, 7:45 pm
I was delighted to be given an opportunity to address the participants in the Workshop-Conference: Technological Platforms and National Security in Hong Kong: The Domain of Standards Setting, sponsored by the Law and Technology Center and the Philip K.H. [read post]
23 Aug 2023, 10:02 am
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
23 Aug 2023, 10:02 am
This is significant in two broad sets of cases: those that rely on history to apply a constitutional rule (as lower courts are doing with the historical-analogical test prescribed by New York State Rifle & Pistol Association v. [read post]
23 Aug 2023, 6:00 am
In any event, the TPVA established that it possessed no such materials (see Matter of Jewish Press, Inc. v New York City Dept. of Corr., 200 AD3d 1038, 1039-1040). [read post]
23 Aug 2023, 6:00 am
In any event, the TPVA established that it possessed no such materials (see Matter of Jewish Press, Inc. v New York City Dept. of Corr., 200 AD3d 1038, 1039-1040). [read post]
23 Aug 2023, 5:57 am
This is part III of my discussion of the Tafolla ruling, issued on August 18.The case is Tafolla v. [read post]
23 Aug 2023, 5:00 am
., advised the Town of Mount Pleasant that it was intending to build a residential facility for six developmentally disabled adults, the Town objected and requested a hearing pursuant to the state’s Mental Hygiene Law.After the Acting Commissioner of the New York State Office for People with Developmental Disabilities rejected the Town’s objections and approved the project, a special proceeding [pursuant to CPLR Article] was filed with the New York State Supreme Court… [read post]
23 Aug 2023, 4:47 am
In McCollum v. [read post]
23 Aug 2023, 4:00 am
By Eric SegallI had an existential crisis in the Spring of 2012, just a few months before the hugely important Affordable Care Act case, NFIB v. [read post]
23 Aug 2023, 4:00 am
In Deutsche Evangelisch Lutherische Zions Gemeinde v. [read post]
23 Aug 2023, 3:51 am
With respect to the intentional infliction of emotional distress cause of action, the improper conduct alleged was not “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community” (Howell v New York Post Co., 81 NY2d 115, 122 [1993] [internal quotation marks omitted]; see Matthaus v Hadjedj, 148 AD3d 425, 425-426 [2017]; Zapata… [read post]
22 Aug 2023, 9:00 pm
Supreme Court, Sackett v. [read post]
