Schoenefeld v. State of New York

Full Text of Decision.

The court upheld N.Y. Judiciary Law § 470, requiring nonresident attorneys to maintain offices in New York State. Noting that more than 20,000 NYSBA members reside or practice outside the state, President David P. Miranda formed a working group to review the decision.

NFL v. NFL Players Association, 15-2801 (L)

Full Text of Decision

“Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all,” Parker said in NFL v. NFL Players Association, 15-2801 (L). “Nor is it our role to second-guess the arbitrator’s procedural rulings. Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act, 29 U.S.C. §141 et seq.

“Our review of the record yields the firm conclusion that the Commissioner properly exercised his broad discretion to resolve an intramural controversy between the League and a player,” he continued.

In dissent, Judge Robert Katzmann said “the lack of any meaningful explanation in the commissioner’s final written decision convinces me that the commissioner was doling out his own brand of industrial justice.

“It is ironic that a process designed to ensure fairness to all players has been used unfairly against one player,” he added.

Read more: http://www.newyorklawjournal.com/id=1202755885437/Circuit-Reinstates-Bradys-Deflategate-Suspension#ixzz46xNhN8f8

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Pace Criminal Justice Blog — Recent #NYCA Decisions: Ineffective Assistance of Counsel

Pace Criminal Justice Blog has posted a new item, ‘Recent #NYCA Decisions:

Ineffective Assistance of Counsel’

The New York Court of Appeals has been busy on the criminal procedure front.

Last month it decided several cases, including three that addressed the issue

of ineffective assistance of defense counsel. In one, the court held that

counsel had been ineffective in failing to move to suppress a gun. In the second

and third, the […]

You may view the latest post at

http://pcjc.blogs.law.pace.edu/2016/04/21/recent-nyca-decisions-ineffective-assistance-of-counsel/

Public Comment Period for Pesticide SPDES General Permit Renewal- NYS DEC

The draft renewal of the SPDES General Permit for Point Source Discharges to Surface Waters of New York from Pesticide Applications (GP-0-16-005) and Fact Sheet are available for public review. The Pesticide SPDES General Permit will authorize point source discharges to, in or over surface waters of New York State from the application of New York State registered pesticides labeled for aquatic uses in accordance with Environmental Conservation Law and the Clean Water Act.

Written comments on the draft general permit will be accepted until close of business on May 20, 2016. View the April 20 Environmental Notice Bulletin for instructions on how to comment.

Federal appeals court sides with transgender teen, says bathroom case can go forward – The Washington Post

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A federal appeals court in Richmond has ruled that a transgender high school student who was born as a female can sue his school board on discrimination grounds because it banned him from the boys’ bathroom.

Read entire Washington Post article here.

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In a 2-to-1 decision, the 4th Circuit ordered a lower court to rehear the student’s claims that the Gloucester County, Va., school board’s bathroom policies — which restrict transgender students to using a separate unisex bathroom — violate federal law. The judges also ruled that the lower court should reconsider a request that would have allowed Grimm to use the boys’ bathroom at Gloucester High School while the case is pending.

Read full text of decision here.

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The National Center on Substance Abuse and Child Welfare (NCSACW)

Free Online Training for Legal Professionals<http://www.ncsacw.samhsa.gov/tutorials/tutorialDesc.aspx?id=2>

The National Center on Substance Abuse and Child Welfare (NCSACW)<http://www.ncsacw.samhsa.gov/> just launched an enhanced and updated online tutorial for legal professionals! The purpose of this course is to improve legal professionals’ understanding of best practices for serving families affected by substance use disorders. This tutorial provides legal professionals with knowledge of alcohol and drug addiction and its impact on parenting; engagement strategies for families affected by substance use disorders; the substance use disorder treatment and recovery process; serving children whose parents have substance use disorders; and cross-system communication and collaboration between substance abuse treatment, child welfare and court system

This course is designed to help legal professionals:

1.    Understand how substance use disorders are developed and how substance use affects parenting.

2.    Know key steps to take when substance use is identified as a factor in a child abuse or neglect case.

3.    Understand strategies that motivate families to engage in treatment for substance use disorders.

4.    Understand treatment approaches for substance use disorders.

5.    Learn ways to help parents secure appropriate treatment for the benefit of children and families.

6.    Recognize the importance of addressing co-occurring conditions.

7.    Consider the special needs of children whose parents are struggling with substance use disorders.

8.    Use strategies and resources to assist families in the child welfare system that are grappling with substance use disorders.

9.    Use strategies and resources that support collaboration with treatment counselors and child welfare professionals.

Continuing Legal Education credit may be available through your state Bar Association. Contact your state for details on submitting a certificate of completion of on-line courses for CLE credits. To take this free online course, please click here<https://ncsacw.samhsa.gov>.

Information Posted about DEC’s New Approach for Clean Water Plans

DEC is implementing a new approach to addressing the water quality issues in identified lakes, rivers and streams on the Section 303(d) List of Impaired Waters. This new approach is described in a document just posted to DEC’s website entitled, the Vision Approach to Implement Clean Water Act 303(d) Program and Clean Water Planning (PDF, 832 KB). This document describes New York’s adaptive strategy to prioritize waterbodies for the development of clean water plans based on the state’s identified priority concerns: nutrients, pathogens and public use. For more information about clean water plans, visit DEC’s Clean Water Plans webpage.

Clearwaters Column on Wastewater Infrastructure Funding

A column about wastewater infrastructure funding written by DEC Deputy Commissioner for Water Resources James Tierney is now available on the Columns by DEC Staff Appearing in Clearwaters webpage. The column discusses several state and federal wastewater infrastructure funding opportunities. This column was originally published in this spring’s issue of Clearwaters magazine.

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