Administrative Law - Blogs
- Substantive due process in a public employment reinstatement case?
The Adjunct Law Prof Blog ("Sanitation Worker Reinstated as AWOL Status Due to Arrest, Acquittal Is Not Misconduct") and the New York Public Personnel Law blog ("Sanitation worker reinstated as AWOL status due to arrest, acquittal is not misconduct") discuss...
(April 23, 2009) - Theory: Fiduciary Administration
On SSRN: "Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking" by Evan J. Criddle (Syracuse). Abstract: Do administrative agencies undermine popular sovereignty when they make federal law? Over the last several decades, some scholars have argued that rulemaking by unelected...
(April 23, 2009) - Lack of a clear explanation of the administrative procedure requires the granting an ...
Lack of a clear explanation of the administrative procedure requires the granting an administrative hearingMeadow* v NYC Dept. of Fin., Motor Vehicles, 2009 NY Slip Op 03048, Decided on April 21, 2009, Appellate Division, First Department The notice on the back of a New York City issued parking ticket indicated three ways "TO PLEAD NOT GUILTY' AND REQUEST A HEARING": 1. adjudication by mail, 2. on-line adjudication, or 3. an in-person hearing at any hearing center without an appointment. Claire...
(April 22, 2009) - Careerjet.com’s search engine aids users in finding employment opportunities in the United ...
Careerjet.com's search engine aids users in finding employment opportunities in the United States and foreign countriesSource: Advisory from Careerjet's marketing specialist Emily Kovak Ms. Kovak calls attention to Careerjet -- a job search engine designed to make the process of finding a job via the Internet easier. The service is offered without charge to the user. Careerjet maps job offerings available posted on Internet sites and then creates one extensive database -- in effect a universal...
(April 22, 2009) - Bankrupt municipality may void union contracts
Bankrupt municipality may void union contractsSource: Adjunct Law Prof Blog; [lawprofessors.typepad.com] Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved. In a case of first impression, a municipality in bankruptcy may reject its collective bargaining agreements with the firefighters and electrical workers unions, a federal bankruptcy court ruled, concluding Chapter 9 of the...
(April 22, 2009) - Los Angeles Doctor On Trial For Allegedly Selling Oxycodone Prescriptions
Opening statements were held on April 23, 2009 in the trial of U.S. v. Masound Bamdad, M.D. in the Central District Court in Los Angeles. The prosecutor, Assistant U.S. Attorney Arteaga, gave an opening statement while Dr. Bamdad 's attorney opted not to make an opening statement but reserved the right to do so at a later time. Remember that Indictments contain only allegations against an individual and all defendants must be presumed innocent unless and until proven guilty. Federal authorities...
(April 22, 2009) - Reps. Thompson and Radanovich Comment; Top 5 Things to Know
It is likely that all beer, wine and spirits labels will change dramatically in the near future. TTB has been working on new rules since CSPI and other groups submitted a petition in 2003. The new rules would require a "Serving Facts" panel on every container. This panel would include a lot more information, such as the typical serving size, number of servings per container, calories, carbohydrates, protein and fat. Because this is a big, controversial change, TTB has received more than 18,000...
(April 22, 2009) - An 'accidental' waiver isn't a waiver
In Meadow v NYC Dept. of Fin., Motor Vehicles, 2009 NY Slip Op 03048 (App. Div. April 21, 2009), the appellant got a parking ticket. After receiving notice of violation for illegally parking within five feet of a fire hydrant,...
(April 22, 2009) - Is Bio-Char the Next Great Hope?
Never heard of bio-char? I was only vaguely familiar with ituntil this Tuesday. That's when McKenna Long & Aldridge's DC office played host to this year's EPA Climate Leaders award winners in a program co-sponsored by the firm and the Association of Climate Change Officers. The event brought together some of the foremost thought leaders on climate change science andfeatured several enlightening presentations, including one by Durwood Zaelke, president of the Institute for Governance and...
(April 22, 2009) - Torts-Damages
The final element of any tort claim that must be established is damages. Damages may be thought of as the injury incurred. The injury may come in the form of personal injury such as a broken arm or leg, pain and suffering, emotional distress, medical expenses, lost wages, or permanent disability. Pain and suffering is an elusive concept. The words themselves best define the concept. When you are physically injured, it would be expected that you would experience some pain, anguish, or emotional...
(April 22, 2009) - Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy ...
Arbitration pursuant to the terms of a collective bargaining agreement held exclusive remedy for alleged discrimination14 Penn Plaza LLC et al. v Pyett et al., United States Supreme Court No.07-581 United States Supreme Court ruled that a provision in a collective-bargaining agreement that "clearly and unmistakably" compels union members to arbitrate Age Discrimination in Employment Act (ADEA) claims instead of using EEOC and courts to resolve the issue controls. Initially the union processed...
(April 21, 2009) - Local government officials invited to participate in the Local Government Leadership Institute ...
Local government officials invited to participate in the Local Government Leadership Institute at Hofstra and Cornell UniversitiesSource: Office of the State Comptroller New York State Comptroller Thomas P. DiNapoli has established the Local Government Leadership Institute to develop fiscal and management expertise and to provide information and guidance to local government officials. The Institute will conduct inaugural workshops in partnership with Hofstra and Cornell Universities. The...
(April 21, 2009) - Requiring a lifeguard applicant to take a swim test using a State issued “Speedo” swimsuit ...
Requiring a lifeguard applicant to take a swim test using a State issued "Speedo" swimsuit is not an act of unlawful discrimination because of ageMatter of Lester v New York State Off. of Parks, Recreation & Historic Preservation, 2009 NY Slip Op 01651, Decided on March 3, 2009, Appellate Division, Second Department The New York State Division of Human Rights dismissed Roy J. Lester's complaint filed pursuant to the State's Human Rights Law after finding that there was no probable cause to...
(April 21, 2009) - Exam question patterns
For two recent cases that might make good exam questions, see "Requiring a lifeguard applicant to take a swim test using a State issued 'Speedo' swimsuit is not an act of unlawful discrimination because of age" on the New York...
(April 21, 2009) - Failure to exercise discretion is abuse of discretion
A recent opinion from the Washington Court of Appeals provides an interesting teaching point. In Brunson v. Pierce County, No. 37094-8-II (Wash. App. Apr. 21, 2009), the Court of Appeals overturned three occupational license suspensions. Facts: On January 20, 2006,...
(April 21, 2009) - Torts-Intentional Torts
Aside from the types of claims mentioned previously, there are several intentional torts that can be asserted. Those intentional torts consist of such claims as assault and battery, conversion, defamation, false imprisonment, fraud, malicious prosecution, invasion of privacy, trespass, and the intentional infliction of emotional distress. All these claims have specific elements that must be met and proved in order for a plaintiff to prevail. A battery is simply an unwanted touching of one...
(April 21, 2009) - MRGO/Katrina trial against Corps Continues with Great New Orleans Community Interest
The civil case against the US Army Corps of Engineers being presented in United States District Court in New Orleans continues. The six plaintiffs are presenting their case against the Corps of Engineers to District Judge Stanwood Duval. The stakes to the community are very high. The Corps of Engineers believe the potential damages may be as much as $100 billion. The basis for the community's complaint against the Corps of Engineers is the Corps design, construction and maintenance of the...
(April 21, 2009) - Day Two of Waxman-Markey Hearings: EPA, Energy and Transportation All Show Up
Day Two of the Hearings on the American Clean Energy and Security Act, also known as the Waxman-Markey bill, proved to be as contentious as expected. There was much evidence that the Bill would not have an easy road ahead of it, since the Committee is deeply divided. Although there were a few forays into the ridiculous, (Rep. John Shimkus (R.-Ill.: "I think this is the greatest assault on democracy and freedom that I've ever seen in Congress;" Energy Secretary Steven Chu comparing the Bill to...
(April 21, 2009) - Day One Of House Hearings on Waxman-Markey Climate Change Bill Produces No Surprises
On Day One of a planned four days of hearings on the American Clean Energy and Security Act of 2009, also known as the Waxman-Markey bill, there were no surprises. This day was devoted to "opening statements" by the members of the Committee, before the Administration's heavy hitters take the stage tomorrow. With a resounding "the time for delay and denial has come to an end," Chairman of the Energy and Environment Subcommittee, Rep. Edward Markey (D-Mass.) opened the hearings. As could be...
(April 20, 2009) - Cost Recovery In Disciplinary Cases And Administrative Hearings
One factor that is not often discussed in disciplinary discussions is that most California boards and bureaus are self-supporting in that the licensees' dues and payments are the source of these agencies' budgets. Thus, when it comes time for professional discipline, the licensees (except licensed M.D. physicians) are ordered to pay for "cost recovery." This means that the discipline order will require the licensee to reimburse the Board or Bureau for the costs of investigation and prosecution....
(April 20, 2009)