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15 May 2024, 6:00 am by Public Employment Law Press
Whereas six members are nominated by members of the legislative branch: the temporary president of the Senate nominates two members; the speaker of the Assembly nominates two members; the minority leader of the Senate nominates one member; and the minority leader of the Assembly nominates one member (see Executive Law § 94 [3] [a]). [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Whereas six members are nominated by members of the legislative branch: the temporary president of the Senate nominates two members; the speaker of the Assembly nominates two members; the minority leader of the Senate nominates one member; and the minority leader of the Assembly nominates one member (see Executive Law § 94 [3] [a]). [read post]
12 May 2024, 6:00 am by Lawrence Solum
The following definitions of "living constitutionalism" and "originalism" illustrate the possibility of compatibilism: Originalism:  A constitutional theory is "originalist" if it affirms (1) the fixation thesis (the linguistic meaning of the constitutional text is fixed at the time each provision is framed and ratified), and (2) the constraint principle (the fixed original meaning should constraint constitutional practice). [read post]
9 May 2024, 11:30 am by Guest Blogger
”  Kennedy argued that a racist law would burden most members of a race, and the crack laws only penalized users and sellers, a minority of Black people. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
  In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria:  (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape consideration; or (3) that the… [read post]
9 May 2024, 7:00 am by Public Employment Law Press
  In considering whether to grant such applications, the Commissioner has historically applied the standard adopted by the Court of Appeals, which requires satisfaction of at least one of the following criteria:  (1) that the parties are not capable of a full and adequate presentation and that the interested non-party could remedy this deficiency; (2) that the interested non-party could identify law or arguments that might otherwise escape consideration; or (3) that the… [read post]
8 May 2024, 6:00 am by Public Employment Law Press
According to plaintiffs, the State and the City "intentionally adopted" and "for decades have intentionally retained—with no pedagogical basis—testing-based sorting that they know excludes students of color from equal educational opportunities. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
According to plaintiffs, the State and the City "intentionally adopted" and "for decades have intentionally retained—with no pedagogical basis—testing-based sorting that they know excludes students of color from equal educational opportunities. [read post]
6 May 2024, 9:55 pm by Marcel Pemsel
Comment The General Court adopted a practical approach. [read post]
5 May 2024, 6:44 pm
  A Legal Analysis of Hong Kong’s New Safeguarding National Security Ordinance and What it Means for Lawyers[1]Jointly issued by Asian Lawyers Network, The 29 Principles and Lawyers for Lawyers26 April 2024On March 19, Hong Kong’s Legislative Council (LegCo) passed the “Safeguarding National Security Ordinance” (SNSO)[2] popularly known as Article 23 or the Article 23 law, referring to Article 23 of the Basic Law, which calls on the region to pass… [read post]
3 May 2024, 3:26 am by husovec
Now, the EC has assumed that competence (Article 66(2)). [read post]
“International protection” as defined under Article 2(h) of the directive encompasses both refugee and subsidiary protection status. [read post]
28 Apr 2024, 8:35 am by David Oxenford and Keenan Adamchak
  The FTC, in a 570-page order, adopted rules that ban the use of noncompete provisions in employment agreements (and clauses that act like noncompetes to limit employee mobility) in virtually all instances except when the promise of a noncompete is by a seller in connection with their sale of a business. [read post]
25 Apr 2024, 2:55 am by Kristof Van Quathem
  Minor infringements by data users can be subject to fine of up to €10 million or, in case of an undertaking, 2% of the total worldwide annual turnover of the preceding financial year. [read post]
24 Apr 2024, 4:00 am by Eric Segall
In Balkin's words:When we exclude the memory of women and minorities from our constitutional conversation, we miss out on why the Constitution and proposed amendments were important to them, what they wanted these texts to do, and what features they found wanting. [read post]