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14 Aug 2018, 9:30 pm by Mitra Sharafi
  This paper considers an example from Australian colonial history, the case of the legendary outlaw Ned Kelly, which occurred at a critical juncture in the formation of state in Australia. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
12 Jul 2018, 4:00 am by Public Employment Law Press
Citing a recent decision by the Court of Appeals, Matter of Kelly v DiNapoli (30 NY3d 674, in which that court stated that "the requirement that a petitioner demonstrate that a condition was not readily observable in order to demonstrate an 'accident' is inconsistent with our prior case law," the Appellate Division annulled the Comptroller determination, explaining that "substantial evidence does not support the determination that the incident was… [read post]