Public records – Mandamus sought to compel city of Columbus et al. to produce police disciplinary records sought by relator newspaper – Motion to intervene as a party respondent filed by police union should have been granted – Use of force reports and citizen complaints are disclosable as public records – Police union cannot bar release of available public records through records retention…
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Author : Isidore Silver
Genre : Law
Summary : Managing public employment cases in today's volatile, fast changing legal arena is no easy task. Just keeping up with the complex developments in constitutional, labor, civil service, administrative, and common law can be a full-time job. Aspen Publishers' Public Employee Discharge and Discipline is the definitive work on every aspect of public employment law. This invaluable two-volume resource is the only one of its kind to deal with all public employment disciplinary and discharge issues for federal, state and municipal employees. The Third Edition offers thorough analysis and in-depth discussion of such essential topics as: First Amendment and whistleblowing Public sector collective bargaining and arbitration Due process in discipline and discharge Administrative and judicial review Title VII, ADA, FMLA, and other discrimination laws Sexual harassment under 1983, Title IX, and Title VII Drug testing Invasion of privacy Applicability of common law tort and contract principles of wrongful discharge Summaries of federal and state cases Also, with Public Employee Discharge and Discipline, you will also get a BONUS CD-ROM containing over 30 easy-access, customizable forms as well as current surveys of state and federal cases! Public Employee Discharge and Discipline has been updated with the latest developments, including: Latest developments in the movement to limit or abrogate public employment collective bargaining Gross v. FBL Financial Services, a Supreme Court decision requiring an employee to prove that age discrimination was andquot;the soleandquot; and andquot;but forandquot; cause of discharge under the ADEA, 29 U.S.C. and§ 623(a) Adoption of Gross andquot;Sole Motiveandquot; Standard by Seventh Circuit in Fairley v. Andrews and Serwatka v. Rockwell Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court decision that retaliation against a fiancandée for an employee's Title VII claim was actionable Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision that a supervisor's bias may be andquot;a motivating factorandquot; for, and a proximate cause of, a discriminatory discharge, if it played some role in contributing to it, whether or not a non-biased decisionmaker conducted an independent investigation Evidentiary issues in discrimination litigation, including Sprint/United Management Co. v. Mendelsohn, a Supreme Court holding that andquot;me tooandquot; evidence of age discrimination - comments against other employees by other supervisors - may be admissible if relevant to the culture of the employer and Reid v. Google, Inc., a California Supreme Court decision that non-decisionmaker co-workers' andquot;stray remarksandquot; were relevant to an age discrimination claim Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA providing arbitration as the sole remedy for ADEA claims and noting that Gilmer andquot;fully applies in the collective bargaining contextandquot; City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of employer issued text-messaging devices to determine whether costs to the police department were being unduly inflated by personal calls as a andquot;reasonableandquot; search under the Fourth Amendment In re Golinski, a Ninth Circuit decision that denial of health benefits to married homosexual federal employee under the Health Benefits Act, 5 U.S.C. and§ 8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C. and§ 7, was impermissible under principles of statutory interpretation and other decisions that DOMA violated Equal Protection Continuing a
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Author : Eugene McQuillin
Genre : Municipal corporations
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Genre : Court decisions and opinions
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Genre : Antitrust law
Summary : The health care industry continues to undergo unprecedented consolidation. Health care providers and payors alike have pursued a wide variety of integrative strategies to achieve efficiencies or other business advantages. The Health Care Mergers and Acquisitions Handbook is designed to educate the practitioner about the antitrust analysis of mergers and acquisitions within the health care industry. Over the past two decades there has been an extraordinary amount of litigation related to challenges of hospital mergers. Each chapter identifies and analyzes important antitrust issues governing such consolidations. Accordingly, the first several chapters are devoted to a detailed treatment of substantive issues peculiar to such mergers: an introduction to hospital merger litigation, describing trends in litigation and the way in which such mergers are analyzed; issues unique to market definition, including product market definition and geographic market definition; the competitive effects of hospital mergers, assessing the evidence necessary to establish a prima facie case in a merger challenge and the rebuttal arguments offered by merging parties; a unique rebuttal argument offered by merging hospitals that is treated separately due to its prominent role in hospital merger litigation - the role and significance of efficiencies in determining the competitive merits of such mergers; the potential applicability of the state action doctrine to hospital mergers. In addition to a substantive treatment of hospital mergers, the Handbook also addresses; combinations of health care management organizations (HMOs) and physician practice groups; the analysis used by the enforcement agencies when reviewing mergers of HMOs; antitrust issues posed by physician practice consolidations. The appendix contains a chart summarizing litigated hospital mergers.--
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Author : Jon C. Teaford
Genre : History
Summary : Originally published in 1984. In 1888 the British observer James Bryce declared "the government of cities" to be "the one conspicuous failure of the United States." During the following two decades, urban reformers would repeat Bryce's words with ritualistic regularity; nearly a century later, his comment continues to set the tone for most assessments of nineteenth-century city government. Yet by the end of the century, as Jon Teaford argues in this important reappraisal, American cities boasted the most abundant water supplies, brightest street lights, grandest parks, largest public libraries, and most efficient systems of transportation in the world. Far from being a "conspicuous failure," municipal governments of the late nineteenth century had successfully met challenges of an unprecedented magnitude and complexity. The Unheralded Triumph draws together the histories of the most important cities of the Gilded Age—especially New York, Chicago, Boston, Philadelphia, St. Louis, and Baltimore—to chart the expansion of services and the improvement of urban environments between 1870 and 1900. It examines the ways in which cities were transformed, in a period of rapid population growth and increased social unrest, into places suitable for living. Teaford demonstrates how, during the last decades of the nineteenth century, municipal governments adapted to societal change with the aid of generally compliant state legislatures. These were the years that saw the professionalization of city government and the political accommodation of the diverse ethnic, economic, and social elements that compose America's heterogeneous urban society. Teaford acknowledges that the expansion of urban services dangerously strained city budgets and that graft, embezzlement, overcharging, and payroll-padding presented serious problems throughout the period. The dissatisfaction with city governments arose, however, not so much from any failure to achieve concrete results as from the conflicts between those hostile groups accommodated within the newly created system: "For persons of principle and gentlemen who prized honor, it seemed a failure yet American municipal government left as a legacy such achievements as Central Park, the new Croton Aqueduct, and the Brooklyn Bridge, monuments of public enterprise that offered new pleasures and conveniences for millions of urban citizens."
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Author : Supreme Court Reporter
Genre : Annotations and citations (Law)
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Author : W. Wat Hopkins
Genre : Law
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Author : Preview Group
Genre : Law
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Author : W. Wat Hopkins
Genre : Law
Summary : Textbook treatment of the laws and regulations covering Mass Communication
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Author : Elijah Nathaniel Zoline
Genre : Appellate procedure
Summary :