Tag Archives: citing

Homeland Insecurity: Citing Insufficient Safeguards, the EU Moves to Suspend the Privacy Shield Protocol

The European Parliament adopted a resolution earlier this month to suspend the EU-U.S. Privacy Shield agreement. The Privacy Shield is a protocol that provides for the exchange of personal data between the EU and the United States for commercial purposes. … Continue reading

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What Goes In the Parens When You’re Citing to the U.S. Code

Based on the Bluebook, if you’re citing to the United States Code, you may or may not need something more than just the year in the parens. If you’re citing to the official United States Code, all you need is … Continue reading

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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division … Continue reading

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Citing Lack of Resources, Nursing Homes Fail to Treat Opioid Addiction

A recent report by StatNews shows that many nursing homes across the country are refusing to admit elderly Americans with opioid addictions, and failing to effectively treat those with addiction already placed in their care. According to the newspaper, elderly … Continue reading

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NAD Re-Opens Dietary Fiber Case from 1994 Citing "Extraordinary Circumstances"

In a departure from past practice, NAD found that GSK Consumer Health (“GSK”) can support certain claims after Proctor & Gamble Company (“P&G”) successfully petitioned NAD to re-open a case heard by NAD in 1994. Read More › Tags: Council of Better … Continue reading

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