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Mexican Gulf Fishing v. Department of Commerce: Part II
28 Jun 2022, 5:58 am by Bernard Bell
Madison, 5 U.S. 137, 164-167, 176-180 (1803). [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Brain Injury Victim’s Guide After Suffering a Negligently Caused Traumatic Brain Injury
28 Jun 2022, 2:30 am by Michael Ehline
That’s about 176 brain injury-related deaths per day. [read post]
Ehline Law Personal Injury News Blog - https://ehlinelaw.com/blog/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
., 176 AD3d 1271, 1272 [2019], lv denied 35 NY3d 902 [2020]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
., 176 AD3d 1271, 1272 [2019], lv denied 35 NY3d 902 [2020]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
However, Civil Service Law § 54 contains the caveat that "[n]othing herein contained . . . shall prevent the adoption of reasonable minimum or maximum age requirements for open competitive examinations for positions where it is determined by the department and approved by the commission that such age requirements would be reasonable minimum qualification for such position"; thus, Civil Service Law § 54 does not prohibit the enforcement of § 58 (see Matter of Beloten v… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
However, Civil Service Law § 54 contains the caveat that "[n]othing herein contained . . . shall prevent the adoption of reasonable minimum or maximum age requirements for open competitive examinations for positions where it is determined by the department and approved by the commission that such age requirements would be reasonable minimum qualification for such position"; thus, Civil Service Law § 54 does not prohibit the enforcement of § 58 (see Matter of Beloten v… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Schmidt on Brown and Constitutional History of Reconstruction (and a Postscript on Hurst and Gutman)
23 Jun 2022, 9:30 pm by ernst
 The two pages devoted to Wisconsin (176-177) echoed a point Hurst’s memorandum: “during the crucial years [Wisconsin’s] Negro population was insignificant–less than two tenths of one-percent. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Update: HCCH 2019 Judgments Convention Repository
21 Jun 2022, 10:25 pm by Matthias Weller
HCCH 2019 Judgments Convention Repository   In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 June 2023, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. [read post]
Conflict of Laws .net - https://conflictoflaws.net
Forklift Accidents: Employer’s Duty to Keep Workers Safe in Indiana and Illinois
21 Jun 2022, 6:19 am by Don Asher
The training requirements specify different amounts of classroom training for workers subject to the standards according to their job functions and roles they may serve. 49 CFR 174, Carriage by rail 49 CFR 175, Carriage by aircraft 49 CFR 176, Carriage by vessel 49 CFR 177, Carriage by public highway 49 CFR 178, Specifications for packagings 3. [read post]
Ken Allen Law Blog - https://www.kenallenlaw.com/news-media/blog/
Differential Etiologies – Part Two – Ruling Out
19 Jun 2022, 4:44 pm by admin
Perhaps the most important point of this law review article, “Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science,”  is that general causation is necessary but insufficient, standing alone, to show specific causation. [read post]
Tortini - http://schachtmanlaw.com/blog/
Law and Media Round Up – 20 June 2022
19 Jun 2022, 4:31 pm by INFORRM
” Research and Resources Vaya, Dipesh, Need of Machine Learning techniques in Preserving Security and Privacy for robust Cloud Environment (2022), Poornima University Greenleaf, Graham, Now 157 Countries: Twelve Data Privacy Laws in 2021/22 (2022) 176 Privacy Laws & Business International Report 1, 3-8, UNSW Law Research Ferguson, Andrew Guthrie, Why Digital Policing is Different (2022), Ohio State Law Journal Saw, Cheng Lim and Yoong, Aaron, Throwing Stones in Glass Houses:… [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Matter of DCH Auto v Town of Mamaroneck 2022 NY Slip Op 03929 Decided on June 16, 2022 Court of Appeals Wilson Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
Matter of DCH Auto v Town of Mamaroneck 2022 NY Slip Op 03929 Decided on June 16, 2022 Court of Appeals Wilson Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute
13 Jun 2022, 5:10 am by Simon Lester
In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or impairment claim. [read post]
International Economic Law and Policy Blog - https://ielp.worldtradelaw.net/
Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute
13 Jun 2022, 5:10 am by Simon Lester
In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or impairment claim. [read post]
International Economic Law and Policy Blog - http://worldtradelaw.typepad.com/ielpblog/
Quick Links from the Past Year, Part 3 (Trademarks)
12 Jun 2022, 9:41 am by Eric Goldman
” Also of note: “Silver Smith adds that “Google only displayed [defendants’] ad 176 times for a total of only 12 clickthroughs based on the conquesting keyword targeting of ‘boostlash,” ’ and that “Google only displayed [defendants’] ad 152 times for a total of only 28 clickthroughs based on the conquesting keyword of ‘boost lash. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
In determining whether a grievance is arbitrable, a court must "'first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance,'" and if there is no prohibition against arbitration, the court must "'then examine the CBA to determine if the parties [*2]have agreed to arbitrate the dispute at issue'" (Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 176 AD3d 1197,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent a constitutional, statutory, or public policy prohibiting the arbitration of a grievance, "public policy in New York favors arbitral resolution of public sector labor disputes"
10 Jun 2022, 9:33 pm by Public Employment Law Press
In determining whether a grievance is arbitrable, a court must "'first ask whether there is any statutory, constitutional or public policy prohibition against arbitration of the grievance,'" and if there is no prohibition against arbitration, the court must "'then examine the CBA to determine if the parties [*2]have agreed to arbitrate the dispute at issue'" (Matter of City of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 176 AD3d 1197,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Should the Church of England be disestablished?
7 Jun 2022, 11:58 pm by Frank Cranmer
In a guest post, Jonathan Chaplin, a member of the Centre for Faith and Public Life at Wesley House, Cambridge and author of Faith in Democracy: Framing a Politics of Deep Diversity (SCM 2021), looks critically at the Establishment of the Church of England. [read post]
Law & Religion UK - https://lawandreligionuk.com
Eighth Circuit Finds Insurer Breached Its Fiduciary Duty to Claimant by Denying Coverage Where the Insurer Collected Premiums From the Claimant Without Sufficiently Determining Whether the Claimant Was Required To Provide Evidence of Insurability
7 Jun 2022, 12:36 am by McKennon Law Group
., 690 F.3d 176, 183 (4th Cir. 2012)). [read post]
Insurance & ERISA Litigation Blog - https://mslawllp.com/insurance-erisa-litigation-blog/