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Courts annul appointing authority's termination of a probationary employee finding that the appointing authority failed to demonstrate a legitimate, nondiscriminatory purpose for probationer's termination

6 Dec 2021, 5:30 am by Public Employment Law Press

"Judicial review of the discharge of a probationary employee is limited to whether the determination was made in bad faith or for an improper or impermissible reason" (Matter of Petkewicz v Allers, 137 AD3d 1045, 1046 [2016] [citations omitted]; see Matter of Johnson v City of New York, 34 AD3d 484, 485 [2006]). [read post]

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

Courts annul appointing authority's termination of a probationary employee finding that the appointing authority failed to demonstrate a legitimate, nondiscriminatory purpose for probationer's termination

6 Dec 2021, 5:30 am by Public Employment Law Press

"Judicial review of the discharge of a probationary employee is limited to whether the determination was made in bad faith or for an improper or impermissible reason" (Matter of Petkewicz v Allers, 137 AD3d 1045, 1046 [2016] [citations omitted]; see Matter of Johnson v City of New York, 34 AD3d 484, 485 [2006]). [read post]

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

[Josh Blackman] Originalism and Textualism in the Lower Courts: Judge Ho's Concurrence in Homeland Insurance Co.

6 Dec 2021, 5:30 am by Josh Blackman

Leocal v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

How To Contest Service In An Illinois Divorce Case

4 Dec 2021, 8:59 am by Russell Knight

Hodges v. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

Counsel fees and litigation costs awarded as the custodian of records demanded pursuant to the Freedom of Information Law did not have a reasonable basis for denying access to the records

2 Dec 2021, 7:00 am by Public Employment Law Press

However, in the interest of judicial economy, we treat the notice of appeal as a request for permission to appeal and grant the request (see CPLR 5701 [c]; Matter of Greece Town Mall, L.P. v New York State, 140 AD3d at 1382 n 1; Matter of Lally v Johnson City Cent. [read post]

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

Counsel fees and litigation costs awarded as the custodian of records demanded pursuant to the Freedom of Information Law did not have a reasonable basis for denying access to the records

2 Dec 2021, 7:00 am by Public Employment Law Press

However, in the interest of judicial economy, we treat the notice of appeal as a request for permission to appeal and grant the request (see CPLR 5701 [c]; Matter of Greece Town Mall, L.P. v New York State, 140 AD3d at 1382 n 1; Matter of Lally v Johnson City Cent. [read post]

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

[Eugene Volokh] Husband, Wife, Brothel, Knife: Another Case on Carrying a Gun When "Expecting Trouble"

29 Nov 2021, 5:01 am by Eugene Volokh

Here's another such case (which I think expresses what today would be the minority view), from 1913 Arkansas, Moore v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Silence Malcolm X “By Any Means Necesary”

25 Nov 2021, 7:54 am by John Floyd

Supreme Court decision (Brady v. [read post]

Criminal Jurisdiction - http://www.johntfloyd.com/blog

ADA and FHA Quick Hits – Wild Turkey edition.

20 Nov 2021, 7:29 am by Richard Hunt

Gil v. [read post]