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Proportionally restricting free speech rights In Murphy v IRTC Barrington J explained that, when there is a restriction on a constitutional right, the state can justify it if it meets a legitimate aim and is proportionate to that aim. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

West Virginia v. EPA and the Future of the Administrative State

6 Jul 2022, 7:11 am by David Freeman Engstrom, John E. Priddy

Supreme Court handed down its decision in West Virginia v. [read post]

Legal Aggregate - https://law.stanford.edu/legal-aggregate/

Can Pigs Still Fly?

5 Jul 2022, 1:59 pm by Gerard N. Magliocca

Proposition 12 bars the sale of pork that does not meet the state's stringent animal care standards for the pigs, and pork producers from other states are mounting a challenge. [read post]

Balkinization - http://balkin.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

While the CCRB had a prior practice of referring such matters to the Police Department's Internal Affairs Bureau, that prior practice does not render the CCRB's current interpretation arbitrary, especially where the CCRB has set forth a rational basis for changing its approach (see Matter of Juarez v New York State Off. of Victim [*3]Servs., 36 NY3d 485,496 [2021]; Matter of Mount Bldrs., LLC v Perlmutter, 200 AD3d 616, 616 [1st Dept 2021] lv denied 38… [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

While the CCRB had a prior practice of referring such matters to the Police Department's Internal Affairs Bureau, that prior practice does not render the CCRB's current interpretation arbitrary, especially where the CCRB has set forth a rational basis for changing its approach (see Matter of Juarez v New York State Off. of Victim [*3]Servs., 36 NY3d 485,496 [2021]; Matter of Mount Bldrs., LLC v Perlmutter, 200 AD3d 616, 616 [1st Dept 2021] lv denied 38… [read post]

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

Early Edition: June 29, 2022

29 Jun 2022, 4:29 am by Emma Snell

The memo from Gilbert Cisneros, the defense undersecretary for personnel, is an attempt to give troops the same benefits regardless of where they are stationed, now that 13 states have moved to ban abortion after Friday’s reversal of Roe v. [read post]

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

Mexican Gulf Fishing v. Department of Commerce: Part I

27 Jun 2022, 5:36 am by Bernard Bell

In an opinion rendered a day before the tracking rule was to go into effect, the Court dealt with the array of challenges mounted by the charter boat owners and operators. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Probationary employee failing to file a timely written notice of her decision to exercise her retreat rights adversely affected her right to reinstatement to her prior position

24 Jun 2022, 9:03 pm by Public Employment Law Press

., Local 100, AFSCME, AFL-CIO v City of Mount Vernon 2022 NY Slip Op 04023 Decided on June 22, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]

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

Probationary employee failing to file a timely written notice of her decision to exercise her retreat rights adversely affected her right to reinstatement to her prior position

24 Jun 2022, 9:03 pm by Public Employment Law Press

., Local 100, AFSCME, AFL-CIO v City of Mount Vernon 2022 NY Slip Op 04023 Decided on June 22, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [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

Kelly v State of New York 2022 NY Slip Op 03952 Decided on June 16, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [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

Kelly v State of New York 2022 NY Slip Op 03952 Decided on June 16, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]

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

FTC UMC Roundup – Trojan Horse Edition

24 Jun 2022, 12:37 pm by Gus Hurwitz

We mentioned AHA v. [read post]

Truth on the Market - http://truthonthemarket.com/

The Establishment Clause Has Been Dead For a Long Time

24 Jun 2022, 12:00 pm by Guest Blogger

Carson v. [read post]

Balkinization - http://balkin.blogspot.com/

A First Circuit Decision and the Future of Telephone Pole Camera Surveillance

24 Jun 2022, 8:01 am by Matthew Tokson

United States. [read post]

Lawfare - http://www.lawfareblog.com/