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16 May 2024, 6:40 am by Second Circuit Civil Rights Blog
Courts do not like to second-guess these safety concerns, but that does not mean the prison always wins. [read post]
15 May 2024, 6:29 am by Eleonora Rosati
The lack of certainty does not, however, provide businesses with a carte blanche to sit on their hands and wait for the answers to appear from the fog. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
While "some overlap between the three separate branches does not violate the constitutional principle of separation of powers[,] . . . when [a branch] acts inconsistently with [the powers of another], or usurps its prerogatives, . . . the doctrine of separation is violated" (Clark v Cuomo, 66 NY2d 185, 189 [1985]).Defendant consists of 11 members who are nominated, subject to certain eligibility restrictions, by various members of the executive and legislative branches… [read post]
15 May 2024, 6:00 am by Public Employment Law Press
While "some overlap between the three separate branches does not violate the constitutional principle of separation of powers[,] . . . when [a branch] acts inconsistently with [the powers of another], or usurps its prerogatives, . . . the doctrine of separation is violated" (Clark v Cuomo, 66 NY2d 185, 189 [1985]).Defendant consists of 11 members who are nominated, subject to certain eligibility restrictions, by various members of the executive and legislative branches… [read post]
15 May 2024, 4:00 am by Howard Friedman
Harassing conduct based on sexual orientation or gender identity includes epithets regarding sexual orientation or gender identity; physical assault due to sexual orientation or gender identity; outing (disclosure of an individual’s sexual orientation or gender identity without permission); harassing conduct because an individual does not present in a manner that would stereotypically be associated with that person’s sex; repeated and intentional use of a name or pronoun… [read post]
14 May 2024, 10:15 pm by Ryan Goodman
This includes documents recently disclosed as a result of the settlement of Penebaker v. [read post]