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29 Dec 2015, 8:24 am by Eric Goldman
Finally, the court cites the nature of online message boards: because Kelly’s statements were made on an online forum where individuals are expected to express opinions and she made clear that her comments were merely stating her opinions, a reasonable reader would understand Kelly’s comments as allegations or opinions rather than comments based on undisclosed facts For these reasons, the court dismissed the defamation suit. [read post]
23 Jul 2021, 5:28 am by James Romoser
Here’s the Friday morning read: Mississippi Asks Supreme Court to End Roe v. [read post]
12 Nov 2008, 5:00 am
Kelly (07-1223), on whether the deferential standard in the federal habeas statute should be applied to claims a state court did not consider. [read post]
9 May 2016, 4:00 am by The Public Employment Law Press
Evaluating claims of mitigating circumstances in considering challenges to the disciplinary penalty imposed by the appointing authorityGomez v Kelly, 2016 NY Slip Op 03582, Appellate Division, First Department [Gomez II]Manuel Gomez, a New York City Police Officer, was found guilty of disciplinary charges that alleged he brandished his gun during the course of a violent off-duty domestic dispute, pointed the firearm at the civilians who were attempting to assist the victim, failed… [read post]
25 May 2021, 2:55 am by Colby Pastre
States were never intended to tax international income, and doing so raises serious constitutional issues in many states. [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
24 Jun 2022, 9:05 pm by Public Employment Law Press
Matter of Martinez v City of New York 2022 NY Slip Op 04096 Decided on June 23, 2022 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
1 Sep 2008, 8:47 am by stu@crimapp.com
In Bell v Kelly, the Court has agreed to examine some part of this quandary. [read post]
5 Dec 2020, 12:00 am by Public Employment Law Press
" In any event, a pardon or reprieve by a governor is in the nature of "neutralizing a conviction for an offense" by the then sitting governor granted to an individual earlier found guilty of committing an offense in contrast to a sitting governor's effort to neutralize the conviction of an individual found guilty of an offense after such governor has left office. * New York State's Penal Law was amended by adding a new section, §40.51, authorizing the… [read post]
5 Dec 2020, 6:45 am by Public Employment Law Press
" In any event, a pardon or reprieve by a governor is in the nature of "neutralizing a conviction for an offense" by the then sitting governor granted to an individual earlier found guilty of committing an offense in contrast to a sitting governor's effort to neutralize the conviction of an individual found guilty of an offense after such governor has left office. * New York State's Penal Law was amended by adding a new section, §40.51, authorizing the… [read post]