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28 May 2017, 4:49 am
Staffing requirement for safety purposes and job security provisions set out in a collective bargaining agreement distinguished Standards used by courts in evaluating the denial of a Freedom of Information request for public records Submitting, demanding and withdrawing a resignation from public employment Tenure by estoppel Terminated probationary employee has the burden of demonstrating an improper basis for his or her termination Termination as "a final agency action” is… [read post]
28 May 2017, 4:49 am
A public officer may be removed from his or her office pursuant to Public Officers Law §36 Abolishing a position in the public service and the Doctrine of Legislative Equivalency Abolition of positions and the assignment of former teaching duties to other teachers Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation Absence of the individual who rated the employee unsatisfactory from the… [read post]
27 May 2017, 1:56 pm
At bottom, the judicial resistance to the travel ban amounts to a not-too-transparent exercise of motivated reasoning: construe precedents as broadly or narrowly as needed and draw all inferences in the light least charitable to the President. [read post]
26 May 2017, 10:12 am
Garfinkel, the court states it is forced to examine the plaintiff’s constitutional claim because this is largely the basis for the district court’s injunction. [read post]
26 May 2017, 7:40 am
Because most takings are done by state and local governments, the federal system leads to enormous variation. [read post]
26 May 2017, 7:30 am
So don't let up.No doubt, this is a stress test on our system of government. [read post]
26 May 2017, 6:46 am
More from our authors: Competing for the Internet: ICANN Gate – An Analysis and Plea for Judicial Review Through Arbitration by Flip Petillion & Jan Janssen€ 205 The post UK government urged to make Unitary Patent system come true appeared first on Kluwer Patent Blog. [read post]
25 May 2017, 11:26 am
White said that since Jan 1, 2017, the assessment has been used in about 3,200 cases in Milwaukee County courts. [read post]
25 May 2017, 11:26 am
White said that since Jan 1, 2017, the assessment has been used in about 3,200 cases in Milwaukee County courts. [read post]
25 May 2017, 8:28 am
In American Pipe, the Court characterized its tolling rule as serving the judicial economy interests underlying both statutes of limitations and class actions. [read post]
24 May 2017, 1:57 pm
Court of Appeals for the 5th Circuit holding that obtaining E911 location information from a cellphone is not a search. [read post]
24 May 2017, 10:46 am
By the time the Court returned to the issue of when speech about pending judicial proceedings could constitutionally lead to a finding of contempt, in Bridges v. [read post]
24 May 2017, 9:07 am
Facts of the Case In a case recently reviewed by the Supreme Judicial Court of Massachusetts, the plaintiff filed a medical malpractice lawsuit against the defendant doctor and others in federal district court in 2011. [read post]
24 May 2017, 4:00 am
It’s undermining women in a space where women already face systemic barriers to success. [read post]
23 May 2017, 2:15 pm
The Fourth Circuit acknowledged that Wikimedia’s allegations about First Amendment harms also provide a basis for standing: Now more than ever, it’s essential that plaintiffs be permitted to challenge unlawful spying in court, so that our judicial system can serve as a bulwark against executive branch overreach. [read post]
23 May 2017, 1:49 pm
The Maine Supreme Judicial Court held today (quite correctly, I think, given the Maine constitution’s text): The Senate seeks our opinions regarding the constitutionality of a statute recently enacted through citizen initiative, which established ranked-choice voting for elections of United States Senators, United States Representatives, Governor, State Senators, State Representatives, and federal and state primaries in Maine. [read post]
23 May 2017, 12:40 pm
Wilkinson relied on Ex parte Milligan to stand for the proposition that judicial authority cannot be given to the executive, and by extension the military, and that a jury trial is guaranteed for all crimes except impeachment. [read post]
23 May 2017, 7:16 am
Plaintiffs have flocked to that forum and defendants have objected to the travesty of a procedural system under which “all roads lead to Marshall. [read post]
23 May 2017, 4:32 am
But the first step in reforming the law must be to reform the sense of judicial duty with which the courts approach their task. [read post]
23 May 2017, 4:00 am
The state of emergency also provides broad powers to the Officers of the Judicial Police regarding access to electronic evidence. [read post]
