Thursday, September 6th, 2007

Follow-up on ELS Meeting - Full Fees, and Section 1981

Discussion of ”Ten Things I Learned the Summer of 2007″ at yesterday’s Employment Law Section meeting raised several issues.
Attorney fees under AS 09.60.070.  First, what is the burden of proof regarding the “serious criminal offense - preponderance, or proof beyond a reasonable doubt?  The statute doesn’t address that, but I would suggest that the standard is the […]

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Filed under 1981, ANCSA, Attorney fees

Thursday, September 6th, 2007

9th Cir: Judicial Review for TSA Screener’s Claims

A TSA probationary “security screener,” employed under a statute that bars him from any administrative remedies, may still sue in District Court to obtain equitable relief for violation of his constitutional rights, though Congress could eliminate even that limited right it if expressed itself clearly.  So held the 9th Circuit in AFGE Local 1 v. […]

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