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3 Aug 2018, 4:00 am by Public Employment Law Press
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a fact intensive one that does not clearly lend itself to bright lines, especially when dealing with mixed commercial and noncommercial speech. [read post]
18 Apr 2007, 5:59 am
  Government Whistleblowers; Implications of Garcetti v. [read post]
11 Oct 2023, 11:17 am by John Elwood
Sullivan, which holds that public figures cannot recover for defamation consistent with the First Amendment unless they demonstrate the press acted recklessly or knowing their statements were false. [read post]
1 Jul 2011, 12:30 am by Yvonne Daly
Although the legal premise for such cases arose in the 1980s (see, for example State (O’Connell) v Fawsitt [1986] I.R. 362 and Murphy v DPP [1989] I.L.R.M. 71) real interest in the “missing evidence” concept as a method to seek to force the prohibition of an impending trial did not gather pace until the early 2000s. [read post]