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2 Feb 2022, 5:00 am by Public Employment Law Press
A party's compliance with a contractual step-by-step grievance process has been recognized as a matter of procedural arbitrability to be resolved by the arbitrator, particularly in the absence of a very narrow arbitration clause or a provision expressly making compliance with the time limitations a condition precedent to arbitration. [read post]
13 Nov 2020, 4:00 am by Public Employment Law Press
Citing Matter of Drummond v New York City Employees' Retirement Sys., 98 AD3d 1116, the court noted that the Board's determination "is conclusive if it is supported by some credible evidence and is not arbitrary or capricious. [read post]
12 Jan 2021, 11:00 pm by Daniel E. Cummins, Esq.
This matter arose out of allegations that the Plaintiff’s college age son died during a fraternity rush party. [read post]
11 Nov 2018, 3:43 pm by Guest Blogger
  To those who think that the standards for Senatorial confirmation are constitutional in nature, even if there is no role for litigating the matter, ignoring the plain text of the Constitution is disheartening. [read post]
22 Nov 2013, 12:27 pm
CPL 170.40 permits dismissal of an information, even though there is no legal basis for such dismissal, as a matter of judicial discretion "by the existence of some compelling factor" that clearly demonstrates that conviction "would constitute or result in injustice." [read post]
9 Oct 2018, 11:16 am
The paper further argues, as a matter of political theory/history of political thought, that locating the origins of liberalism and secularism in the tradition of divine accommodation reveals conservative political theology and liberal political theory to be one and the same. [read post]
30 Apr 2013, 4:00 am
Accordingly, said the court, it was remanding the matter to Supreme Court and directed DOC “to submit an answer pursuant to CPLR 7804(d) and any appropriate submissions pursuant to CPLR 7804(e), including a record of the hearing and a written witness statement [by the Correction Officer]. [read post]
4 Sep 2015, 7:45 am by EEM
Dept. of State, Oct. 2014) [access]- Follow link for summary and further links to action plan and evaluation reports.Falling at Each Hurdle: Credibility Assessments in Women’s Asylum Claims (Asylum Aid, June 2015) [access]- Follow link for video.Gender-based Violence in Humanitarian Crises, Online Consultation, 6 Aug. 2015 [access]- Follow link for video.Guidelines for Integrating Gender-based Violence Interventions in Humanitarian Action: Reducing Risk, Promoting Resilience and Aiding… [read post]
1 Jan 2014, 10:01 am by Lawrence B. Ebert
§ 41.37(c)(1)(vii) (“A statement which merely points out what a claim recites will not be considered an argument for separate patentability of the claim. [read post]
30 Jan 2023, 10:00 pm
That minimum fee equates to a fixed number of hours of the inquirer’s time at a stated hourly rate, and the client would agree to pay for any additional time required to complete the matter at that same rate. [read post]
30 Mar 2017, 7:22 am by Docket Navigator
[Defendant] effectively argues that because the case was before the court on a Rule 12(c) motion, the court must limit its analysis to the pleadings and must therefore exercise jurisdiction over the entire counterclaim. [read post]
18 Oct 2017, 6:21 am by Rebecca Tushnet
ExxonMobil claims that these investigations chill scientificinquiry and burden speech on a matter of public concern in violation of the FirstAmendment. [read post]
16 Jul 2014, 4:36 pm
We know you love and appreciate us, because so many of you write to us to thank you for our service, or even to ask questions about your own circumstances, very many of which we (Michael C. [read post]
22 Apr 2016, 7:23 am by Lawrence B. Ebert
" Applications and registrations of the less conventional kind of subject matter, such as colour, are potentially problematical, especially if they cover a multitude of different visual forms. [read post]