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29 Jul 2024, 6:06 am
This is in perfect accord with Jackson’s structural framework in Youngstown (pp. 277-281): The Constitution provides for an Executive power; It contemplates that practice will integrate the dispersed powers of government into a workable set of relationships; Thus the President’s authority is at its zenith when Congress has authorized his acts; his authority is less when he must rely on whatever inherent power he possesses concurrently with the Congress and Congress has not spoken on the… [read post]
29 Jul 2024, 6:00 am
Further, the Appellate Division pointed out that "An arbitrator that 'imposes requirements not supported by any reasonable construction of the [contract]' has, 'in effect, made a new contract for the parties,' rendering the award subject to vacatur as irrational", citing Matter of Livermore-Johnson [New York State Dept. of Corr. [read post]
29 Jul 2024, 6:00 am
Further, the Appellate Division pointed out that "An arbitrator that 'imposes requirements not supported by any reasonable construction of the [contract]' has, 'in effect, made a new contract for the parties,' rendering the award subject to vacatur as irrational", citing Matter of Livermore-Johnson [New York State Dept. of Corr. [read post]
29 Jul 2024, 6:00 am
Citing Matter of Castillo v Town of Oyster Bay, 70 AD3d 939, the Appellate Division affirmed the Supreme Court's order and judgment "insofar as appealed from", explaining that "[because] the contentions raised by the [Petitioner] on appeal concerning the exhaustion of administrative remedies do not present pure questions of law appearing on the face of the record that could not have been avoided if raised at the proper juncture, they are improperly raised for… [read post]
29 Jul 2024, 6:00 am
Citing Matter of Castillo v Town of Oyster Bay, 70 AD3d 939, the Appellate Division affirmed the Supreme Court's order and judgment "insofar as appealed from", explaining that "[because] the contentions raised by the [Petitioner] on appeal concerning the exhaustion of administrative remedies do not present pure questions of law appearing on the face of the record that could not have been avoided if raised at the proper juncture, they are improperly raised for… [read post]
29 Jul 2024, 6:00 am
Insurance issues can also complicate matters. [read post]
29 Jul 2024, 5:42 am
With existing centrifuge cascades, Iran could produce sufficient fissile material for several nuclear weapons in a matter of weeks, dramatically shortening its “breakout” time – the time required to amass sufficient fissile material for a bomb, though producing and testing a weapon could take up to a year. [read post]
29 Jul 2024, 5:31 am
As a law professor, she did not take controversial positions on matters of public concern. [read post]
29 Jul 2024, 5:07 am
By Salih Okur, University of Augsburg Earlier today, the CJEU rendered its long anticipated decision in Case C-774/22 (FTI Touristik) on whether Art. 18(1) Brussels Ia Regulation concerns “matters relating to a travel contract where both the consumer, as a traveller, and the other party to the contract, the tour operator [,] have their seat in the same Member State, but the travel destination is situated not in that Member State but abroad […]”. [read post]
29 Jul 2024, 5:00 am
In Canada, when a person experiences workplace discrimination on the basis of any of the grounds enumerated in the applicable Human Rights Code, they may seek recourse and damages through the provincial Human Rights Tribunal. [read post]
29 Jul 2024, 5:00 am
In Canada, when a person experiences workplace discrimination on the basis of any of the grounds enumerated in the applicable Human Rights Code, they may seek recourse and damages through the provincial Human Rights Tribunal. [read post]
29 Jul 2024, 4:12 am
The order was vacated due to a lack of subject matter jurisdiction. [read post]
29 Jul 2024, 3:48 am
TTABlogger comment: So if you're thinking that first used dates stated in a registration don't matter much, think again. [read post]
29 Jul 2024, 3:11 am
It does not matter. [read post]
29 Jul 2024, 3:01 am
As a threshold matter, I want to note that I am aware of conservative sites reviewed by NewsGuard that have been given favorable ratings. [read post]
29 Jul 2024, 2:39 am
We are such a tiny blip of matter. [read post]
29 Jul 2024, 2:16 am
DLA Piper’s Privacy Matters blog has more information. [read post]
29 Jul 2024, 2:04 am
Bottom Line Buying and selling businesses is complex and detail-oriented, and the resulting labor and employment matters can be deal-breakers that potentially carry a lot of risk. [read post]
29 Jul 2024, 12:00 am
It can also determine how various matters will be handled if the couple chooses to get divorced or legally separated. [read post]
29 Jul 2024, 12:00 am
This is true no matter whose name is on the deed, title, or other forms of owner documentation. [read post]