On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on Human Rights (“NYCCHR”), the government agency responsible for enforcing the NYCHRL, issued enforcement guidance on the Credit Check Law (“Enforcement Guidance”), “Frequently Asked Questions,” “Information for Employees and Job Seekers,” and “Information for Employers.”These administrative materials from the NYCCHR expand upon and clarify certain provisions of the Credit Check Law and confirm that certain activities do not violate the Credit Check Law (e.g., performing Google and LinkedIn searches on applicants). Most significantly, the Enforcement Guidance addresses the Credit Check Law’s exemptions for certain positions, including those where a credit check is required by law … [Read more...] about NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law
Auctioning law definition
In EXC Inc. v. Jensen, 2014 WL 7272965-- Fed.Appx. ---- (9th Cir. 2014), Jensen, Johnson and others had brought wrongful death actions against EXC Inc. a trucking company, arising out of a traffic accident on a U.S. highway within the exterior boundaries of the Navajo reservation. The district court held that the tribal court lacked jurisdiction and the Ninth Circuit affirmed: “[T]he Navajo Nation has not retained the right to exclude nonmembers on U.S. Highway 160. Consequently, the highway is the equivalent of non-Indian fee land for jurisdictional purposes, and this case is governed by Strate v.. A–1 Contractors, 520 U.S. 438 (1997). …This [First Montana] exception does not apply to this case, because the unsigned permit agreement—even if binding on Appellees—did not provide t notice that EXC would be subject to tribal court jurisdiction on U.S. Highway 160 to be a basis … [Read more...] about Indian Nations Law Update – January 2015: Selected Court Decisions
Home In-Depth Reporting Can a town be a museum? A case may hinge… Bryan Garner on Words By Bryan A. Garner July 2018 Photograph of Jim Thorpe by Heritage Auctions courtesy of Wikimedia Commons. Last month, we saw that lexicography—the art of defining words for a glossary or dictionary—is an especially challenging task. In dictionary circles, it’s thought to take not only a special aptitude but also a great deal of training. Yet all legal drafters are lexicographers in the sense that they’re expected to draft definitions in transactional documents, rules, regulations and legislation. Then, of course, judges must interpret these definitions in light of how the defined terms are actually used in a given legal instrument. In patent drafting, there’s actually a doctrine that “every patentee may be his own lexicographer.” The U.S. Court of Appeals for the Federal Circuit has said so in many cases, with slightly varying formulations. The … [Read more...] about Can a town be a museum? A case may hinge on the precision of definitions
1. The Negotiable Instruments (Amendment) Act, 2015The Act amends the Negotiable Instruments Act, 1881 and replaces the Negotiable Instruments (Amendment) Ordinance, 2015 which was promulgated on June 15, 2015. It stipulates that in case of a cheque being dishonored: If the cheque is delivered for collection to the account of the payee (person who receives the cheque), the jurisdiction lies in the area of the bank branch where the payee maintains an account, or If the payee presents a cheque to a bank in any other way, the jurisdiction lies in the area of the bank branch where the drawer (person who writes the cheque) maintains an account. (Section 142(2))It further provides that if the payee has filed a complaint against the drawer in a court with appropriate jurisdiction, all subsequent complaints against that person regarding cheque bouncing will be filed in the same court, irrespective of whether the cheque was delivered for collection or presented at a bank within … [Read more...] about Laws Enacted in 2015: A Snapshot
When the parent Act expressly permits slaughter of animals for food, how can the Rules impose a ban on sale of cattle for slaughter? When slaughter for food is not prohibited by the parent Act, how can the Rules impose ban of sale for slaughter? This is the apparent anomaly of the Rules that makes it ultra vires the parent Act. The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules 2017 notified by the Central government, with effect from 23.05.2017, is unsustainable in law to the extent that it imposes ban of sale of cattle in animal markets for the purpose of slaughter.The notification is yet another instance of the ‘mischievous and deceptive’ law-making practice being followed by the Union government for some time. This practice involves camouflaging a controversial provision with seemingly progressive and innocuous provisions in order to deceive and mislead the general public.It was done in the case of Motor Vehicles Amendment Bill, … [Read more...] about Why Prevention Of Cruelty To Animals (Regulation Of Livestock Markets) Rules 2017 Is Unsustainable In Law?