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23 Jan 2020, 6:30 am
PERB's ruled that petitioner [Employee] in this CPLR Article 78 action failed to state a claim of improper practices against his employer [Agency] and his employee organization [Union] based on his allegation that the Agency "did not process his grievances quickly enough. [read post]
28 May 2019, 9:05 pm
Not only does it include cross-cutting statutory and doctrinal issues, but it also involves many specific agencies with their own individual rules and nuances. [read post]
19 Nov 2012, 1:13 pm
I don’t have a tag for “bad grounds for a GAO bid protest,” but if I did, challenging an agency’s decision not to conduct discussions would fall in that category–at least (as is typically the case), when the solicitation does not state that discussions will be conducted. [read post]
12 Jul 2017, 9:30 pm
Why does all of this matter? [read post]
10 Aug 2016, 11:44 am
If the wrong paperwork is submitted and the deadline passes, an individual does not receive service. [read post]
10 Aug 2016, 11:44 am
If the wrong paperwork is submitted and the deadline passes, an individual does not receive service. [read post]
6 Sep 2022, 9:05 pm
The Supreme Court held that when someone had previously communicated with an affected person by another more effective means and could easily do so again, constructive notice by publication does not satisfy the Due Process requirement to provide notice “reasonably calculated” to provide actual notice “under all the circumstances. [read post]
17 Jul 2023, 9:05 pm
Second, it may lead agencies to choose federal court enforcement to administrative enforcement when a statute gives that option, as does the SEC’s. [read post]
20 Apr 2015, 7:12 am
According to a recent federal court decision, CICA merely prohibits the award of a contract during the course of a GAO protest, but does not prevent an agency from continuing to evaluate proposals. [read post]
2 Nov 2009, 11:23 am
No state overrides: Though the original version of the bill would have allowed stricter state regulations to trump the national rules, this version does not. [read post]
29 Jan 2019, 4:22 pm
It does not answer all questions, of course, but it answers many, including some that readers may not even have been asking. [read post]
20 Jul 2020, 9:05 pm
Constitution does not require that agency officials whose jobs involve more than just enforcement—such as making rules or holding hearings—be removable at-will by the President, despite being members of the executive branch. [read post]
28 Mar 2017, 12:00 pm
The Freedom of Information Act’s Exemption 5 does not shield communications between U.S. agencies and foreign government agencies, the Sixth Circuit Court of Appeals held on Friday in Lucaj v. [read post]
3 Apr 2009, 2:15 pm
Moreover, even if discrete preferences could be attributed to the people as a whole, the American presidency does not in practice serve as a reliable proxy for majoritarian preferences in the administrative state. [read post]
13 Jul 2010, 6:00 am
ABSTRACT: The theory of industrial collusion generally does not distinguish between tacit and explicit collusion.... [read post]
13 Jul 2010, 6:00 am
ABSTRACT: The theory of industrial collusion generally does not distinguish between tacit and explicit collusion.... [read post]
21 Jul 2021, 1:53 pm
” The court rejected this theory, stating simply that “[t]he FCRA does not impose such a duty. [read post]
10 Aug 2012, 2:51 am
Here’s one more category in which Texas does not want to lead the nation — apparently we have the largest number of home health care agencies perpetrating fraud on the Medicare system. [read post]
13 Dec 2016, 9:30 pm
Although he does not expansively speculate as to why this might be, Professor Feinstein posits that some of the independent agencies’ “design features”—like fixed terms for leaders—might insulate them from Congressional pressure. [read post]
8 Aug 2011, 2:05 pm
Unfortunately, in a hyper-politicized pre-election year, everything economic is necessarily political and this does not contribute to more than a superficial analysis of the real issues by either side's media. [read post]
