Justia Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

"When presented with a question of statutory interpretation, a court's primary consideration is to ascertain and give effect to the intention of the Legislature" (Matter of Walsh v New York State Comptroller, 34 NY3d 520, 524 [2019] [internal quotation marks and citations omitted]; see Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048 [3d Dept 2024]). [read post]

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

In order to qualify for retirement benefits under Retirement and Social Security Law Article 15, an applicant for such benefits must demonstrate that he or she actually retired from public service employment in the first instance

18 Jun 2024, 6:00 am by Public Employment Law Press

"When presented with a question of statutory interpretation, a court's primary consideration is to ascertain and give effect to the intention of the Legislature" (Matter of Walsh v New York State Comptroller, 34 NY3d 520, 524 [2019] [internal quotation marks and citations omitted]; see Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048 [3d Dept 2024]). [read post]

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

CAFC Deems Section 2(c) Unconstitional As-Applied in "TRUMP TOO SMALL" Refusal to Register

28 Feb 2022, 4:19 am

Tam, the Board struck down the "disparagement" provision and in Ianco v. [read post]

The TTABlog - http://thettablog.blogspot.com/

Regulation of Parallel Market Sales by U.S. States

17 Jun 2007, 11:27 am

Prestonettes, 264 U.S. 359 (1924) and Champion Spark Plug Co. v. [read post]

The Gray Blog - http://espinosaiplaw.com/wordpress

UT: No REP vs testing for contraband of blood legitimately seized, applying Caballes to blood testing

30 Jan 2012, 9:11 pm

State v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

D.Me.: Just being a driver of a vehicle doesn't guarantee standing

12 Jan 2012, 3:59 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Defendant's path was blocked and he was ordered around by the officer; that was a stop

1 Aug 2008, 10:50 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

INTOXILYZER 8000 CASE MAY OPEN DOOR TO CHALLENGING BREATH TESTS AT TRIAL

30 May 2011, 12:16 pm by Shawn R. Dominy, Attorney at Law

The post on May 3, 2010 explained that defendants in Ohio O.V.I. cases do not have the ability to challenge the general reliability of breath testing machines at trial due to the holding in State v. [read post]

Central Ohio DUI-OVI Blog - http://centralohiodui-oviblog.blogspot.com/

Eighth Circuit Notes Split Re Whether a Defendant Can Appeal the Adequacy of a Factual Basis after Entering an Unconditional Guilty Plea

9 Aug 2009, 9:02 pm by A. Benjamin Spencer

In United States v. [read post]

Split Circuits - http://splitcircuits.blogspot.com/

When, if ever, can a prosecutor properly argue that the type of evidence they normally rely on to obtain convictions is unreliable?

14 Sep 2013, 11:28 am by Donald Thompson

Napue v People of State of Illinois, 360 US 264; Pyle v State of Kansas, 317 US 213; cf. [read post]

New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/

CA6: Plaintiff has no standing to contest future potential searches of his e-mails by the government in the hands of the ISP; dissent: Founding Fathers would be "speechless"

11 Jul 2008, 8:20 pm

United States, 523 U.S. 296, 300 (1998) (internal quotation marks omitted). [read post]