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25 May 2023, 11:00 pm
In simple terms, the government cannot take your land and then decide later what to do with it without running afoul of the Takings Clause of the Fifth Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment.Absent “urban blight,” or other exceptions which weren’t present here, the AD4 annulled the Town’s efforts to acquire the Mall property and awarded the owner its fees and costs.Not that’s a… [read post]
25 May 2023, 6:00 am by Public Employment Law Press
  In the Matter of Teamsters Local 445 v Town of Monroe: Certain civil service positions in the classified service are placed in the "exempt" class reflecting the duties of the position are of a confidential nature and requires personal qualities that cannot practicably be tested by an examination. [read post]
25 May 2023, 6:00 am by Public Employment Law Press
  In the Matter of Teamsters Local 445 v Town of Monroe: Certain civil service positions in the classified service are placed in the "exempt" class reflecting the duties of the position are of a confidential nature and requires personal qualities that cannot practicably be tested by an examination. [read post]
As we heard during the workshop, whether something will be accepted for recycling can vary from state-to-state and town-to-town, so imposing a stricter standard would make “recyclable” claims harder to manage. [read post]
19 May 2023, 4:00 am by Michael C. Dorf
(Even Justice Thomas thinks the Constitution limits state protectionist laws, but he would locate protection in the Import/Export Clause of Article I, Sec. 10 and the Privileges and Immunities Clause of Article IV, Sec. 2).In addition, pursuant to Pike v. [read post]
18 May 2023, 4:00 am by Howard Friedman
Suit was filed yesterday in a Massachusetts federal district court challenging the Middleborough school district's Dress Code which provides:Clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.The complaint (full text) in Morrison v. [read post]
17 May 2023, 2:25 pm by Eugene Volokh
Town of Dover, 2017 WI 79, 377 Wis. 2d 38, 899 N.W.2d 303; Madison Tchrs., Inc. v. [read post]
30 Apr 2023, 7:46 pm by Blair & Kim, PLLC
  She also stated she was afraid to visit her daughter, who lived in the same town as the respondent, without a DVPO. [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
  Matter of Town of Hempstead v New York State Div. of Human Rights 2023 NY Slip Op 02129 Decided on April 26, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]