Monthly Archives: March 2012

The New York City Segway: A Hiccup in the Vehicle and Traffic Law

By Benjamin Fox, Albany Government Law Review

The Segway was introduced to the public in December of 2001.[1]  At that time its creators and members of the public believed it would be the new mode of travel for the twenty first century.[2]  Few were purchased, and current estimates suggest only 80,000 units have been sold worldwide.[3]  Considering these statistics, the laws regarding (and in effect limiting) use of the Segway in New York City seem bizarre and unnecessary.  For that reason, the statutory definition of “motor vehicle” should be amended to exclude all Segways from its reach.  In doing so, it is crucial to understand how the Segway fits into the Vehicle and Traffic Law (hereinafter VTL).  Continue reading

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Filed under Criminal Law, New York Court of Appeals, Prosecution, Vehicle and Traffic Law

The Supreme Court and the “Ministerial Exception”: Protecting Freedom of Religion? or Permitting the Disguise of Employee Discrimination?

By Anjalee Daryani, Albany Government Law Review

On January 11, 2012, the Supreme Court issued a landmark decision concerning religious liberty.  The Court recognized for the first time a “ministerial exception,” precluding employment discrimination claims in the context of “the employment relationship between a religious institution and its ministers.”[1]  The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, was instituted on behalf of a teacher who was employed by a Lutheran school and had been fired for threatening to file a lawsuit for the church’s violation of the Americans with Disabilities Act (ADA).[2]  The Supreme Court acknowledged that the interference by states into a religious groups’ employment decision, would be an intrusion on the internal governance of a religious organization, and as a result would be infringing upon their rights under the Free Exercise Clause of the First Amendment.[3] Continue reading

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Filed under Constitutional Law, Education Law, Employment Law, Religion