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Discontinuing the services of a probationary teacher
17 Jan 2023, 10:33 pm by Public Employment Law Press
The New York City Department of Education may discontinue the employment of a probationary teacher pursuant to Education Law §2573(1)(a) at any time and for any reason absent the teacher's establishing that "the termination was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith”* (Matter of Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763, 765 [1988]; see Education Law §§ 3012-c [1],… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
After a Supreme Court remand, a Circuit Panel concludes that the defendants’ fraud and conversion convictions should be reversed because the confidential information misappropriated from a federal regulatory agency didn’t constitute “property” or a “thing of value” (to the agency) for purposes of wire fraud, Title 18 securities fraud, and conversion (in violation of 18 U.S.C. §§ 1343, 1348, and 641). United States v. Blaszczak, Nos. 18-2811, 18-2825, 18-2867, 18-2878, __F.4th__, 2022 WL 17926047 (2d Cir. Dec. 27, 2022) (C.J.J. Kearse and Walker; Judge Sullivan dissents).
17 Jan 2023, 10:19 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Bail after Federal Arrest in Texas and The Bail Reform Act of 1984
17 Jan 2023, 10:16 am by Michael Lowe
Bromwich and published by The New York Times on December 23, 2022. [read post]
Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog
From Handler’s Trade Regulation to Ricks, Sitaraman, Welton, and Menand’s Networks, Platforms, and Utilities, by William J. Novak
17 Jan 2023, 10:00 am by Guest Author
The history of price regulation was noted briefly by the Supreme Court in Munn v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).
17 Jan 2023, 7:34 am by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Oral Argument Preview: Turkiye Halk Bankasi A.S. v. United States (Halkbank)
17 Jan 2023, 6:08 am by Emma Svoboda
On Jan. 17, the Supreme Court will hear oral arguments in Turkiye Halk Bankasi A.S, v. [read post]
Lawfare - http://www.lawfareblog.com/
Introduction to the Symposium on Networks, Platforms, and Utilities: Law and Policy, by Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand
17 Jan 2023, 5:00 am by Guest Author
” F.C.C. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
HAPPY KING -ROBERT E LEE DAY
16 Jan 2023, 11:30 am
V. [read post]
Justice Building Blog - http://justicebuilding.blogspot.com/
Probable cause for the officers who arrested plaintiff on sexual touching charges
16 Jan 2023, 8:29 am by Second Circuit Civil Rights Blog
This plaintiff cannot do so.The case is Keyes v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Potential Creditor Drags Corporation in Stalled Dissolution Proceeding into Receivership
16 Jan 2023, 4:27 am by Peter J. Sluka
I had not seen it done until a recent decision from New York County Justice Arlene P. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Poor Form By Former NY Judges
14 Jan 2023, 4:01 am by SHG
Hell, Brown v. [read post]
Simple Justice - http://blog.simplejustice.us
Governmental function immunity
13 Jan 2023, 9:36 pm by Public Employment Law Press
A governmental entity is not entitled to governmental function immunity when engaged in a proprietary function at the time of an accident (see Wittorf v City of New York, 23 NY3d 473; Applewhite v Accuhealth, Inc., 21 NY3d 420). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Governmental function immunity
13 Jan 2023, 9:36 pm by Public Employment Law Press
A governmental entity is not entitled to governmental function immunity when engaged in a proprietary function at the time of an accident (see Wittorf v City of New York, 23 NY3d 473; Applewhite v Accuhealth, Inc., 21 NY3d 420). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a settlement agreement is binding
13 Jan 2023, 9:34 pm by Public Employment Law Press
A settlement agreement signed by an attorney may bind a client even where it exceeds the attorney's actual authority, if the attorney had apparent authority to enter into the agreement (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Popovic v New York City Health & Hosps. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining if a settlement agreement is binding
13 Jan 2023, 9:34 pm by Public Employment Law Press
A settlement agreement signed by an attorney may bind a client even where it exceeds the attorney's actual authority, if the attorney had apparent authority to enter into the agreement (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Popovic v New York City Health & Hosps. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Copyright Legacy of Martin Luther King
13 Jan 2023, 2:45 pm by Aaron Moss
Martin Luther King, Jr. v. [read post]
Copyright Lately - https://copyrightlately.com/
Media outlets demand identities of FTX founder Sam Bankman Fried’s bail suretors
13 Jan 2023, 8:46 am by Ananya Bangar | National Law U. Delhi, IN
Citing Press-Enterprise Co. v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Constitutional Theory in Crisis?
13 Jan 2023, 8:00 am by Guest Blogger
After reading Bush v. [read post]
Balkinization - http://balkin.blogspot.com/
The State of Constitutional Theory
13 Jan 2023, 6:30 am by Guest Blogger
  John Ely cast his representation-reinforcement theory partly as a defense of Warren Court liberalism, though he rejected Roe v. [read post]
Balkinization - http://balkin.blogspot.com/
Lil Wayne and the Non-Lawyer
13 Jan 2023, 5:55 am by Andrew Lavoott Bluestone
Miami Beach v McGraw, 158 AD3d 494, 496 [1st Dept 2018]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/