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7 Feb 2022, 4:09 pm by INFORRM
  Where a state breaches the ECHR, a Court set up by signatory members – the European Court of Human Rights (which has nothing to do with the European Union) – can order a state to pay an aggrieved citizen compensation. [read post]
20 Mar 2019, 4:00 am by Public Employment Law Press
Citing Matter of DeLuca v New York State & Local Employees' Retirement Sys., 48 AD3d 876, the Appellate Division explained that "[I]t is the Comptroller's duty to determine retirement service credits and his determination will be upheld by this Court if rational and supported by substantial evidence" and it is the claimant's burden to show that he or she is entitled to additional retirement member service credit.According to the decision, Petitioner had… [read post]
20 Mar 2019, 4:00 am by Public Employment Law Press
Citing Matter of DeLuca v New York State & Local Employees' Retirement Sys., 48 AD3d 876, the Appellate Division explained that "[I]t is the Comptroller's duty to determine retirement service credits and his determination will be upheld by this Court if rational and supported by substantial evidence" and it is the claimant's burden to show that he or she is entitled to additional retirement member service credit.According to the decision, Petitioner had… [read post]
25 Jul 2011, 2:25 am
As Kvorjak failed to introduce any evidence to rebut this, the Circuit Court said that he failed to meet his burden and, thus, granting summary judgment to the State was appropriate. [read post]
17 Aug 2016, 4:00 am by The Public Employment Law Press
Determining if an employee is a joint employee of two or more employers for the purposes of State and City human rights lawsBrankov v Hazzard, 2016 NY Slip Op 05778, Appellate Division, First DepartmentThe decision of the Appellate Division in Brankov, which involved an employment in the private sector, concerned whether “an ostensible non-employer is actually a "joint employer" for purposes of employment discrimination claims under the State and City… [read post]
9 Jul 2010, 6:26 am by Randy Barnett
[no commandeering of state legislatures] & Printz v U.S. [read post]
15 Dec 2006, 4:22 am
As noted here last Sunday, Dec. 10th, the Supreme Court heard oral arguments yesterday in Clark County Council v. [read post]
10 Feb 2012, 4:00 am by INFORRM
The decision in Von Hannover v Germany (No. 2) is the second of two given on 7 February 2012 by the Grand Chamber concerning the balancing of privacy and freedom of expression. [read post]
23 Mar 2021, 5:35 pm by INFORRM
The fourth section of the European Court of Human Rights (ECtHR) delivered a remarkable judgment in the case of L.B. v. [read post]
27 Nov 2015, 3:25 am by Nick Armstrong, Matrix
For these reasons the Court said that the Secretary of State would likely need to redraft her guidance, and in particular the provisions for exceptionally disapplying the rule. [read post]