Category Archives: Administrative law

Administrative law news articles, reiews, notes and blog examples.

Applying the Vehicle and Traffic Law's qualified statutory privilege available to drivers of emergency vehicles involved in an accident

Applying the Vehicle and Traffic Law's qualified statutory privilege available to drivers of emergency vehicles involved in an accidentChesney v City of Yonkers, 2018 NY Slip Op 08277, Appellate Division, Second DepartmentEdward Chesney was struck by a City of Yonkers police vehicle as he attempted to cross a street within a crosswalk against a traffic light in Yonkers and sustained personal injuries. Chesney sued the City to recover damages for the injuries he has suffered, advancing the theory injury-causing conduct of the driver of the police vehicle was governed by the "principles of ordinary negligence."Yonkers moved for summary judgment dismissing the complaint, contending that the police officer's conduct in the operation of the vehicle was governed by the "reckless disregard standard of care" under the qualified statutory privilege for drivers of emergency vehicles engaged in emergency operations set our in Vehicle and….. To continue reading this legal news please click Read full information...

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A Comprehensive Analysis of Proposed Union Strategies to Deal With Janus

Catherine Fisk and Martin Malin, After Janus, 107 Cal. L. Rev. __ (forthcoming 2019), available at SSRN. Joseph Slater Have you ever had an idea for an article, but then somebody else beat you to writing it and did a better job than you would have with the topic? After Janus is my first experience with that, and not surprisingly, its co-authors are scholars I respect immensely. Janus v. AFSCME held that all union security clauses (contract provisions requiring members of union bargaining units to pay their share of the costs of union representation) in the public sector violate the First Amendment. This constitutionally imposed “right to work” rule will cause unions significant financial damage, mainly because under “duty of fair representation” (DFR) rules, unions generally must represent members of union bargaining units without regard to whether or not they pay any dues. Scholars have been working on ways unions could get around some or all….. To continue reading this legal news please click Read full information...

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U.S. Government Contracting: Avoid Expensive Pitfalls in Preparing Your Contract Disputes Act (CDA) Claim for Damages

Author:  Cheryl Adams, Esq.               You are a government contractor.  Something happened, and performance of your government contract just cost you more money.  Whatever it is, you’re pretty certain it was not your firm’s fault.  Should you just submit an invoice for the extra… Read more » The post U.S. Government Contracting: Avoid Expensive Pitfalls in Preparing Your Contract Disputes Act (CDA) Claim for Damages appeared first on Watson & Associates LLC... To continue reading this legal news please click Read full information...

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INTERPOL Rolls Back Individual Right to Access Information in its Files, Makes it Harder to Fight Abusive Red Notices

Over the past several years, thanks to human rights advocates’ hard work and growing attention from the media, the general public has had the opportunity to learn more about how governments abuse INTERPOL to persecute political opponents and other victims of unlawful criminal prosecutions.  The discussion about INTERPOL’s internal mechanism, which provides individuals the opportunity to fight the abuse, and its shortcomings, has travelled beyond scholarly publications and entered the general news cycle.  INTERPOL, in turn, has carried out reforms to eliminate some of those shortcomings.  The organization has rightfully been praised for the improvements it has made and called upon to close remaining serious loopholes.  Yet these reforms have also limited the rights of victims of INTERPOL abuse, and it is what the victims have lost as a result of the reforms that hasn’t received wide attention. Article 18 of INTERPOL’s Rules on the….. To continue reading this legal news please click Read full information...

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Taylor Law amended to clarify an employee organization's duty of fair representation of non-members in a collective bargaining unit

Taylor Law amended to clarify an employee organization's duty of fair representation of non-members in a collective bargaining unit  Section 209-a.2 of the Civil Service LawIn Janus v American Federation of State, County, and Municipal Employees, Council 31, et al, 138 SCt 2448, the Supreme Court held that "States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay."In response to the Janus decision, §209-a.2 of the Civil Service Law was amended and now provides* that it is not a violation of an….. To continue reading this legal news please click Read full information...

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