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6 Jun 2018, 9:00 am by Josh Blackman
In contrast, the independent-counsel statute at issue in Morrison v. [read post]
6 Jun 2018, 5:49 am by Matthew Weybrecht
One of the most famous and compelling defenses of the unitary executive comes from Justice Antonin Scalia’s dissent in Morrison v. [read post]
4 Jun 2018, 12:49 pm by Mark Walsh
Chief Justice John Roberts announces, in English, that Justice Sonia Sotomayor has the court’s opinion in Lamar, Archer & Cofrin LLP v. [read post]
4 Jun 2018, 11:13 am by Amy Howe
The justices handed the federal government a partial victory today in Azar v. [read post]
4 Jun 2018, 3:01 am by Walter Olson
” [John Kenneth Ross, IJ “Short Circuit” on Webb v. [read post]
1 Jun 2018, 5:31 pm by Thaddeus Hoffmeister
Crossing the Line in Voir Dire The Utah Court of Appeals rendered an opinion in State v. [read post]
1 Jun 2018, 10:21 am by Sandy Levinson
  The Trump phenomenon, of course, does nothing to enhance faith in democracy on the part of the left.) [read post]
1 Jun 2018, 4:35 am by Andrew Lavoott Bluestone
 . has identified a cognizable cause of action but failed to assert a material allegation necessary to support the cause of action” (John R. [read post]
1 Jun 2018, 4:17 am by Edith Roberts
Commentary continues on Collins v. [read post]
31 May 2018, 8:48 am by Public Employment Law Press
Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John… [read post]
31 May 2018, 5:11 am by Kevin
Let’s try once more, now that the Supreme Court has mentioned it in Collins v. [read post]
Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal ... as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
30 May 2018, 4:37 am by Public Employment Law Press
Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John… [read post]