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15 May 2024, 6:32 am by Mary B. McCord
On the contrary, this was a premeditated effort to use fraudulent slates of electors to introduce uncertainty and chaos into the Joint Session, no matter what the courts ruled. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [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]
7 May 2024, 7:12 am by Scott Bomboy
Although some protestors may argue that camping is protected symbolic expression, a Supreme Court decision from 1982, Clark v. [read post]
Their right to protest on school grounds—while important—extends no further than the right afforded to workers, parents, voters, civic groups, or anyone else to engage in similar protest activity on public property.And third, the regulation of any expression, including protests, must be (at least at public universities) viewpoint-neutral as a formal matter and must also be enforced in a viewpoint-neutral way. [read post]
18 Apr 2024, 6:47 pm by Mark Ashton
In June 2022 Clark County Nevada issued a local rule of court declaring that all custody court matters were to be closed from public access and that other family court matters as well upon request of a litigant. [read post]
17 Apr 2024, 3:28 am by Eleonora Rosati
(With the Court of Appeal largely upholding a first instance decision many found surprising, we will discuss whether this was a matter which turned on the assessment of its complex evidence or if we need to rethink our instincts on confusion and unfair advantage)Moderator: Darren MealePanellists:Natasza Shilling, Lead Counsel, VodafoneGeorge Sevier, Head of IP Enforcement, Brands and Licensing, DysonHHJ Melissa Clarke, Senior Circuit Judge, Designated Civil Judge for Oxford and… [read post]
14 Apr 2024, 6:00 am by Lawrence Solum
A given lower court judge, say Learned Hand, might not view a given Supreme Court Justice, say Tom Clark, as an epistemic authority or even as an epistemic peer or equal. [read post]
8 Mar 2024, 5:00 am
Cummins is the managing partner of the Clarks Summit law firm of Cummins Law, a civil litigation practice. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
”  Not that it much matters now, but in fact that’s not a question the case raised. [read post]