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Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Challenging books available to students held in a public school's library [Decisions of the Commissioner of Education No. 18,402]

9 May 2024, 7:00 am by Public Employment Law Press

Supreme Court has imposed a three-part test to determine whether a work is obscene:the average person ... would find that the work, taken as a whole, appeals to the prurient interest;the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andthe work, taken as a whole, lacks serious literary, artistic, political, or scientific value.[5]The purpose of the third requirement is, as the Court… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Stormy Daniels’ Darker Testimony About Trump Hints at a Forbidden Side of His Trial

9 May 2024, 6:05 am by Adam Klasfeld

” Daniels described feeling “blacked out,” though she was not drunk or drugged. [read post]

Just Security - https://www.justsecurity.org/

Guest Post: Protecting ERISA Fiduciaries from Wrongful Blame for the Retirement Funding Crisis

8 May 2024, 2:26 pm by Kevin LaCroix

The Acts: (1) make it easier and less costly for businesses to establish and administer retirement savings plans; (2) require new 401(k) plans to have automatic enrollment features; (3) render long-term, part-time workers (i.e. those that worked 500 or more hours over two consecutive years) eligible to participate in their employer’s retirement plan; (4) allow employers to provide de minimis financial incentives to induce employees to participate in the employer’s plan;… [read post]

The D & O Diary - http://www.dandodiary.com/

Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"

8 May 2024, 6:00 am by Public Employment Law Press

"The pipeline, plaintiffs claim, is designed to exclude Black and Latinx students from the City's prime educational opportunities. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"

8 May 2024, 6:00 am by Public Employment Law Press

"The pipeline, plaintiffs claim, is designed to exclude Black and Latinx students from the City's prime educational opportunities. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

David Pozen, The Constitution of the War on Drugs

7 May 2024, 6:30 am by Guest Blogger

Connecticut and Eisenstadt v. [read post]