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15 Nov 2019, 3:42 am by Jessica Jones, Matrix Chambers
An earlier domestic judgment, R v Zardad, also supported the position that a person acting on behalf of a non-State entity may be acting in an official capacity for the purposes of s 134 if the non-State entity “had a sufficient degree of organisation, a sufficient degree of actual control of an area and […] exercised the type of functions which a government or governmental organisation would exercise” [63]. [read post]
14 Nov 2019, 4:00 am by Public Employment Law Press
Supreme Court dismissed Local 371's petition which action was unanimously affirmed by the Appellate Division.The Appellate Division explained that Local 371 "failed to establish" that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness mandate set out in Article V, §6 of the New York State Constitution or §50(1) of the New York State… [read post]
14 Nov 2019, 4:00 am by Public Employment Law Press
Supreme Court dismissed Local 371's petition which action was unanimously affirmed by the Appellate Division.The Appellate Division explained that Local 371 "failed to establish" that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness mandate set out in Article V, §6 of the New York State Constitution or §50(1) of the New York State… [read post]
14 Nov 2019, 4:00 am by Public Employment Law Press
Supreme Court dismissed Local 371's petition which action was unanimously affirmed by the Appellate Division.The Appellate Division explained that Local 371 "failed to establish" that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness mandate set out in Article V, §6 of the New York State Constitution or §50(1) of the New York State… [read post]
14 Nov 2019, 4:00 am by Public Employment Law Press
Supreme Court dismissed Local 371's petition which action was unanimously affirmed by the Appellate Division.The Appellate Division explained that Local 371 "failed to establish" that DCAS's inclusion of 20 ungraded research questions in an examination administered for the position of Associate Fraud Investigator violated the merit and fitness mandate set out in Article V, §6 of the New York State Constitution or §50(1) of the New York State… [read post]
14 Nov 2019, 2:34 am by Cristina Mariottini
Carlos Santaló Goris, Researcher at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, and Ph.D. candidate at the University of Luxembourg, offers a summary and an analysis of the CJEU Case C-555/18, K.H.K. v. [read post]
13 Nov 2019, 9:06 am
It was just a few months ago that the Court of Justice of the European Union (CJEU) (BMB v Ferrero, C‑693/17 P) sided with well-known foodstuffs manufacturer Ferrero by upholding the invalidity of a registered Community design right for comfit boxes and containers pursuant to Article 25(1)(e) of Regulation No 6/2002. [read post]
13 Nov 2019, 6:58 am by Adam Feldman
Interstate immunity, in other words, is ‘implied as an essential component of federalism. [read post]
13 Nov 2019, 6:30 am by Guest Blogger
Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
13 Nov 2019, 5:02 am by Eugene Volokh
But "[u]nder the Erie doctrine, federal courts sitting in diversity apply state substantive law and federal procedural law," Gasperini v. [read post]
13 Nov 2019, 2:54 am
 In re Thomas, 79 U.S.P.Q.2d 1021, 1024 (TTAB 2006) (citing Palm Bay Imports, Inc. v. [read post]
12 Nov 2019, 2:17 pm by Mark Walsh
Amy Howe has this blog’s main report of the argument in Department of Homeland Security v. [read post]