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Next Door Pond Flooding My Property in Erie County, New York

My question involves a consumer law issue in the State of: New York The existing pond next door has multiple owners (not me). It is flooding my property and all neighbors nearby. What are my rights? It was once use for farm animals; no longer the case.
Tags: New York, Law, Construction, Repair and Renovation, Erie County New York


Monday round-up

This morning the Supreme Court begins its March sitting with two oral arguments. The first case is Virginia House of Delegates v. Bethune-Hill, an appeal by Republican legislators of a lower-court ruling that requires 11 state legislative districts to be redrawn to correct racial gerrymandering. Amy Howe had this blog’s preview, which was first published at Howe on the Court. Amanda Wong and Jared Ham preview the case at Cornell Law School’s Legal Information Institute, and Subscript Law has a g...
Tags: New York, Mississippi, Supreme Court, Law, Washington Post, America, Bloomberg, House, New York Times, Npr, Louisiana, North Carolina, Flowers, Smith, The Washington Post, Cornell


Resilience is the Future of Real Estate and USGBC Spells it RELi

Last Friday, Hudson Yards, the largest private real estate development in the country opened, but what the $25 Billion project may become best known for is that is designed for resilience from its giant “submarine doors” underground that can be closed to keep out storm surges to its own power plant that can keep the lights on even if New York City’s power grid goes down. The day before, the City of New York released the Lower Manhattan Climate Resilience Study, identifying more than $10 Billion ...
Tags: New York, Law, New York City, Department Of Defense, Resilience, Green Building, North America, Mts, East River, Lower Manhattan, ANSI, USGBC, National Humanities Medal, LEED Steering Committee, Krista Tippett, GBCI


Justices add constitutional question to citizenship case

On April 23, the Supreme Court will hear oral argument in the challenge to the decision to reinstate a question about citizenship on the 2020 census. The justices had originally granted review to decide whether that decision violated federal laws governing administrative agencies, but today the justices announced that they will also consider whether the decision violates the Constitution. The justices’ order adding the constitutional issue to the case came four days after U.S. Solicitor General ...
Tags: New York, Featured, Supreme Court, Law, California, HARRIS, Howe, Merits Cases, Scott Harris, Noel Francisco, New York That


"In Clinton v Jones, the United States Supreme Court held that separation of powers concerns did not preclude a federal lawsuit against a sitting President of the United States..."

"... based on unofficial acts allegedly committed by him before he assumed office. The Court expressly cautioned in that decision that different concerns, including the Supremacy Clause of the United States Constitution, might influence the result if such a case were brought against the President in state court. However, the Court did not rule that such a suit could or could not proceed. This matter gives us an opportunity to squarely address the question.... [S]ubjecting the President to a stat...
Tags: New York, Maryland, Law, Court, United States, Bill Clinton, Ny, Separation of Powers, Jones, Clinton, Donald J Trump, McCulloch, Executive Power, Ann Althouse, Federalism, Trump troubles


Hotel House Calls Get Doctor Placed On Probation

The New York Appellate Division for the Third Judicial Department affirmed a monitored five-year probationary sanction imposed by the Administrative Review Board for Professional Medical Conduct Petitioner, a physician licensed to practice in New York, was charged with multiple specifications... [Author: Legal Profession Prof]
Tags: New York, Law, Legal Profession Prof, New York Appellate Division, Third Judicial Department, Comparative Professions


SCOTUS Map: February and March 2019

At a February 1 Hastings Law Journal symposium honoring retired Justice Anthony Kennedy’s 43 years as a federal judge, Kennedy bemoaned what he sees as the lack of “rational, enlightening dialogue” and the dissipation of the “social framework of decency.” Of the Supreme Court’s two newest justices (and former Kennedy clerks), Justices Neil Gorsuch and Brett Kavanaugh, Kennedy had only ringing endorsements: “[Gorsuch is] going to be a wonderful judge, just like Brett.” The San Francisco Chronic...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Brown, John Roberts, Board of Education, Brett, Roberts, San Francisco Chronicle, Ginsburg


Wednesday round-up

At The George Washington Law Review’s On the Docket blog, Ralph Steinhardt discusses Jam v. International Finance Corporation, in which the court held that international organizations have the same immunity from lawsuits that foreign countries currently have and can therefore be sued in U.S. courts for their commercial activities, suggesting that the case “may be understood as a continuation of the effort to hold intergovernmental organizations accountable for violations of international law, wi...
Tags: New York, Supreme Court, Law, New York City, America, New York Times, American Legion, Round-up, Lyle Denniston, International Finance Corporation, Jam, Adam Feldman, Department of Commerce, Brunetti, Bladensburg, Goldstein Russell


Episode 31: Vishal Agnihotri on Legal Hackathons and her ‘Femme LeGALs’ team

It only took us 31 episodes, but Marlene decided that what the show lacked was a phone number for listeners to call in. So, we now have one, and we have a question for you to vote on. “Should The Geek In Review create a video promo for upcoming episodes?” (Greg says he has the face for radio, so vote no… Marlene says it’s a great idea, so vote yes. Call 713-487-7270 and leave your voicemail of “YES” or “NO” and what other ideas you may have for the show. This week we have a great guest, Vishal A...
Tags: Podcast, New York, Law, Uncategorized, Austin, Vishal, Knowledge Management, Hackathon, Data Security, Sxsw, Greg, Jerry, Hinshaw Culbertson, American Association of Law Libraries, Marlene, Caroline Hill


Tuesday round-up

Briefly: At Bloomberg, Greg Stohr reports that in a letter yesterday, “[t]he Trump administration asked the U.S. Supreme Court to expand its scheduled April showdown over the 2020 census[, Department of Commerce v. New York,] to decide whether the Constitution lets the government ask whether people are American citizens.” Pamela Wood reports for The Baltimore Sun that Maryland “Gov. Larry Hoganhas filed a brief with the U.S. Supreme Court [in Lamone v. Benisek,] seeking to back up the claims of...
Tags: New York, Maryland, Supreme Court, Law, Colorado, California, Alabama, Bloomberg, United States, Arizona, Christian, Baltimore, Trump, Round-up, National Review, U S Supreme Court


Monday round-up

Briefly: In the latest episode of SCOTUStalk (podcast), Tom Goldstein joins Amy Howe to discuss June Medical Services v. Gee, in which a divided court temporarily blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals. At Law.com, Marcia Coyle reports on a new study of oral arguments showing that “Supreme Court justices direct their humorous quips and barbs most often at advocates with whom they disagree, lawyers who are losing their argum...
Tags: New York, Supreme Court, Law, Alabama, Louisiana, Ross, Trump, Round-up, Kenneth Jost, Jost, Department of Commerce, Amy Howe, Tom Goldstein, ACKLIN, William Clark, Marcia Coyle


New indictment exposes underbelly of federal RDAP program ... and provides still more reason to be thankful for passage of FIRST STEP Act

This interesting new AP piece, headlined "Show up drunk: Indictments spotlight prison rehab scams," reports on indictments surrounding efforts to defraud the only long-standing federal prison program thathas  allowed prisoners to earn reductions in their rehabilitative efforts.  Here are the details: It's a tip that has been passed onto convicts for years: On your way to federal prison, say you have a substance abuse problem, and you could qualify for a treatment program that knocks up to a yea...
Tags: New York, Law, New York City, Ap, Connecticut, Michigan, Spokane Washington, Wild West, Hudsonville, Bureau of Prisons, Douglas A Berman, Mattei, Dan Wise, Tony Pham, Jack Donson, RDAP


Democratic 2020 candidates roll up to support marijuana legalisation

In a joint effort, Warren, Harris, Sanders and Gillibrand are co-sponsors of legislation authored by BookerThere was a time when it was taboo for presidential candidates to talk about marijuana. Bill Clinton said he smoked but “didn’t inhale”. Barack Obama said he did inhale and even did some cocaine in his youth – “maybe a little blow” – but said the drug use was “reflective of the struggles and confusion of a teenage boy”. As presidents, both continued the “war on drugs” and upheld the prohibi...
Tags: New York, Republicans, California, Drugs, Barack Obama, Society, US news, Cannabis, Democrats, US politics, Bill Clinton, US domestic policy, US crime, Jamaica, US Congress, Times


As Neota Logic Rolls Out Platform Upgrade, New CEO Targets Growth

Artificial intelligence company Neota Logic today rolled out version 9.2 of its AI automation platform, introducing Dashboards, a data-management and visualization tool that customers can configure to create custom views and charts of data collections and usage, and Open Negotiation, an authoring tool for building contract negotiation into document automation workflows within Neota. [See video of and .] But perhaps the bigger news is the company’s aggressive plan to expand its scale, in part ...
Tags: New York, Law, Uncategorized, Los Angeles, ERP, Artificial Intelligence, Thomson Reuters, Magic Circle, Bob Ambrogi, Neota Logic, Neota, Kim Massana, Rebecca Tear, Massana, Michael Mills Massana


Name in the news: Haven

A nonprofit company founded in January 2018 by three billionaire business titans – Warren Buffett (Berkshire Hathaway), Jeff Bezos (Amazon), and Jamie Dimon (JPMorgan Chase) – and headed by a non-billionaire-but-not-doing-badly-at-all celebrity doctor, Atul Gawande, yesterday announced its name: Haven. Connecting the dots?   Haven is being called a healthcare venture, but it’s not a care provider. It’s neither a hospital nor a clinic. Nor is it an insurance company. For now, it will be...
Tags: UK, New York, Medicine, Boston, Insurance, Linguistics, Nashville, Copenhagen, Atul Gawande, Los Angeles County California, Gawande, Naming, Nancy Friedman, København, Slogans and Taglines, Names in the News


As Neota Logic Rolls Out Platform Upgrade, New CEO Targets Growth

Artificial intelligence company Neota Logic today rolled out version 9.2 of its AI automation platform, introducing Dashboards, a data-management and visualization tool that customers can configure to create custom views and charts of data collections and usage, and Open Negotiation, an authoring tool for building contract negotiation into document automation workflows within Neota. [See video of and .] But perhaps the bigger news is the company’s aggressive plan to expand its scale, in part ...
Tags: New York, Law, Uncategorized, Los Angeles, ERP, Artificial Intelligence, Thomson Reuters, Magic Circle, Neota Logic, Neota, Kim Massana, Rebecca Tear, Massana, Michael Mills Massana


"A Qantas flight attendant who got blind drunk on peach martinis in a New York bar during a layover has lost his appeal to win his job back."

"Luke Urso, 24, claims he drank just 'two peach martinis and three gin and tonics' at the 230 Fifth Rooftop Bar in New York in 2017 but due to the bartenders 'free pouring' the cocktails, he ended up collapsing in the toilet and being rushed to hospital. Mr Urso believed that while he thought he was drinking five drinks, he had really consumed the equivalent to 14 standard drinks - resulting in him unable to work his shift the next day and Qantas having to foot the $20,000 hospital bill.... [The...
Tags: Usa, New York, Law, Australia, Language, Drinking, New Zealand, Qantas, Bristol, Thomas Hardy, H G Wells, Ann Althouse, Urso, Luke Urso, Fifth Rooftop Bar, Nipperkin


Taxing your privacy

Joe Apprendi Contributor Joe Apprendi is a general partner at Revel Partners. More posts by this contributor The new era in mobile Big data’s humble beginnings Data collection through mobile tracking is big business and the potential for companies helping governments monetize this data is huge. For consumers, protecting yourself against the who, what and where of data flow is just the beginning. The question now is: How do you ens...
Tags: Lyft, Uber, Column, Utah, New York, Human Rights, Privacy, Identity Management, Law, California, Oregon, Articles, Tech, Smartphones, Getty Images, Gps


NYT: New York Insurance Regulators Subpoena Trump Org’s Broker

On the heels of Michael Cohen’s congressional testimony alleging that the Trump Organization mischaracterized asset values in its representations to insurance companies, the Trump Organization’s insurance broker received an expansive subpoena Monday from New York state insurance regulators, the New York Times reported. The regulator, the Department of Financial Services, conducts civil investigations and does not have the authority to conduct criminal investigations, according to the Times. H...
Tags: New York, News, Insurance, New York Times, Times, Donald Trump, Tierney Sneed, Michael Cohen, Aon, Department of Financial Services, Trump Organization, Subpoena, Trump Org, Muckraker, New York Insurance Regulators Subpoena Trump Org


Jupiter raises $23 million to tell businesses and governments how climate change will destroy them

Whether it’s by flood, fire, or the fury of a storm, climate-related catastrophes are now impacting most cities and towns across the country. As these natural disasters increase in frequency and severity, cities and the businesses that reside in them are mobilizing to understand how best to prepare for the climatological challenges they’re going to face — and increasingly they’re turning to companies like Jupiter Intelligence for information. From offices in San Mateo, Calif., Boulder, Colo., an...
Tags: Google, TC, Real Estate, New York, London, Colorado, California, Singapore, New York City, Insurance, Tech, New Jersey, President, Virtual Reality, Miami, Hacker


Whicker: JaMychal Green fits right into the Clippers’ sharp-toothed ethic

LOS ANGELES — Lawler’s Law was imposed at approximately 2:15 p.m. PST Sunday. The Clippers saw an exposed neck and they stepped on it. They needed only 9:20 to grab a 32-12 lead over  the lottery-loving New York Knicks. They led 82-44 at half. With 41 seconds left in the third quarter Lou Williams scored the 100th and 101st points, and Hall of Fame-bound broadcaster Ralph Lawler enforced The Law, which means that any team wins when it gets to 100 first. There once was a time when the NBA Finals ...
Tags: Europe, Utah, New York, Law, France, Sports, Alabama, Sacramento, Sport, Green, Soccer, Williams, Spurs, Nba, Ncaa, Philadelphia


Renewed Push For Constitutional Carry In South Carolina

News from South Carolina: COLUMBIA, SC (WIS) – Brad O’Neil is the part-owner of the Gun Vault in Pontiac. He said he doesn’t see anything wrong with the renewed push for permit-less carry or ‘constitutional carry’ in South Carolina. “The Constitution states the right to keep and bear arms. Which in itself means you can keep and bear arms,” O’Neil said. There are bills filed at the State House that would allow anyone who can legally purchase a gun, to carry it on public places...
Tags: New York, California, Military, Gun Control, South Carolina, Columbia, State House, O'Neil, South Carolina Open Carry, South Carolina Gun Laws, Brad O'Neil


Gun Laws Manifest Ongoing Polarization Of America

It’s obvious to everyone that there is an ongoing polarization in America, in fact with increasing speed and ferocity.  In New York the claim by gun owners has routinely been that NYC is NYC, and upsate is a different beast.  They honor their gun rights around those parts.  I wonder how this will affect them? Family members, school administrators and law enforcement officials can seek to get guns confiscated from people deemed by courts to be an “extreme risk” to themselves or others, under legi...
Tags: New York, Maryland, America, Military, House, Gun Control, Oklahoma, Oklahoma City, Lewis, Legislature, Baltimore City, Maryland General Assembly, Mike Lewis, Stitt, Kevin Stitt, Oklahoma Gun Laws


February 27 roundup

In move to protect itself against patent trolls, Apple plans to close retail stores in the troll-favored Eastern District of Texas [Joe Rossignol, MacRumors; Sarah Perez, TechCrunch] Don’t: “Civil Rights Lawyer Faked Cancer to Delay Cases, Illinois Bar Authorities Say” [Scott Flaherty, American Lawyer] Don’t: “* lies about joint stipulation for extension * FABRICATES OPPOSITION BRIEF * constructs false chain of emails, forwards to partner. Dude, just doing the work would have been WAY les...
Tags: Apple, New York, Texas, Law, Colorado, Uncategorized, Patent Trolls, Cbs, Dude, Don't, Religious Liberty, Joe Rossignol, Don, Cato Institute, Vance, Copeland


Argument analysis: Peace cross appears safe, if not stable

For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross on public land violates the Constitution, which bars the government from establishing an official religion and favoring one religion over another. The state of Maryland, which owns and maintai...
Tags: New York, Featured, Maryland, Supreme Court, Greece, Law, Washington, David, United States, Wall, Lemon, Gettysburg, Miller, American Legion, George Washington, Sonia Sotomayor


Michael Cohen Disbarred

An order entered today by the New York Appellate Division for the First Judicial Department Respondent Michael D. Cohen was admitted to the practice of law in the State of New York by the Second Judicial Department on June 24,... [Author: Legal Profession Prof]
Tags: New York, Law, Michael Cohen, Legal Profession Prof, Bar Discipline & Process, New York Appellate Division, First Judicial Department, Michael D Cohen, Second Judicial Department


A new template for Trump-haters: "Trump Is Epic."

That's the headline for a conversation at the NYT between Gail Collins and Bret Stephens. The pull quote under the photo of Trump is: "'Which horrible things the president has done lately seem most appalling to you?' Gail Collins asks."I'm thinking this is a real turning point in Trump-hating, a recognition that the portrayal of Trump as small isn't working anymore. The man with the tiny hands and tiny penis, the child of man, who bumbled into the White House and is throwing tantrums, watching T...
Tags: Twitter, Europe, New York, Law, North Korea, White House, Syria, Hillary Clinton, Venezuela, Collins, Trump, Stephens, Maduro, Müller, Bret Stephens, Gail


Argument analysis: No clear resolution on whether First Amendment applies to public-access channels

The Supreme Court heard oral argument today in a case involving whether a private nonprofit corporation that runs a public-access TV channel is a “state actor,” who can be sued for violations of the First Amendment. After roughly an hour of debate, there was no clear winner in the case: The justices who spoke appeared to be divided, and two justices – Clarence Thomas and Neil Gorsuch – asked no questions at all. The events leading up to today’s case began back in 2012, when DeeDee Halleck, an aw...
Tags: Facebook, New York, Featured, Supreme Court, Law, Youtube, Manhattan, Ruth Bader Ginsburg, Sonia Sotomayor, John Roberts, Hughes, Howe, Ginsburg, U S Court of Appeals, Stephen Breyer, Breyer


You're never too small to have an HR department

43 percent of American employees work for companies with 50 or fewer employees. I raise this statistic because it is almost a guarantee that many of these small businesses operate without a dedicated HR department or HR personnel. Earlier this month, the EEOC settled a sexual harassment and retaliation lawsuit it had brought against several IHOP franchises operating in New York and Nevada. The allegations were truly awful, including misbehavior such as unwanted touching of female employees' butt...
Tags: New York, Law, Nevada, Human Resources, Ihop, EEOC, Jon Hyman, Human Resources Department


Morning Docket: 02.25.19

* Some think Justice Clarence Thomas may be dropping hints that he's about to retire (e.g., this little First Amendment gem), but those who know him well think he's getting ready for a conservative revolution, and he's got an army of former clerks to back him up. [CNN] * It’s Mueller time! Special counsel Robert Mueller’s sentencing memo for Paul Manafort is 800 pages long and makes the president’s former campaign chairman out to be a "hardened" and "bold" criminal who “repeatedly and brazenly”...
Tags: New York, Supreme Court, Law, Bloomberg, Mtv, New York Times, Cy Vance, Usa Today, Donald Trump, R. Kelly, Chicago Tribune, Mueller, Clarence Thomas, Brooklyn Law School, Robert Mueller, Shazim Uppal



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