Category Archives: Technology Law

NLRB’s Reports on Social Media Policies: When Are Employers Crossing the Line and What Must Employers Consider?

By Hanok George, Albany Government Law Review

Introduction

Social media has become a topic of increasing interest among employers, as the employees’ statements within such media can have wide ranging impacts upon the employer.[1]  These statements can reach millions of people— including customers, venders, suppliers and many others.[2]  Due to the broad sweeping impacts associated with social media, employers have created social media policies for employees that restrict the employees’ ability to divulge work-related information on websites such as Facebook, Twitter, MySpace, etc.[3]  However, these policies walk a fine line between protecting the employer’s interests and infringing on the employees’ rights to concerted activity under Section seven of the National Labor Relations Act (NLRA).[4]  The National Labor Relations Board (NLRB) has found many employers’ social media policies to constitute unfair labor practices.[5]   Continue reading

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Filed under Constitutional Law, Employment Law, Technology Law

Marcellus Shale and Municipal Empowerment in New York

By Zachary Kansler, Albany Government Law Review

Introduction

Natural gas deposits in the Marcellus Shale geologic formations have been a polarizing issue in New York State, spanning areas of concern including public health, environmental welfare, and municipal authority, among others.  For some, Marcellus Shale is a symbol for a movement or point of view, and for others, the extraction of natural gas deposits in Marcellus Shale formations has had a more profound effect, including families alleging that their water supply has been tainted by drilling and extraction processes known as hydrofracking.[1]  Many believe the adverse effects of hydrofracking can be addressed, and hopefully mitigated through various means, including state regulation.[2]  In addition, it is also possible that local governments may have the authority to address natural gas extraction as well. However, until recently, it was not known whether such authority existed.    Continue reading

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Filed under Energy Law, Land Use, Municipal Law, Municipal Liability, New York Court of Appeals, Technology Law

“Rowing in the Same Direction”: Regional Economic Development in NYS

By Nick Herubin, Albany Government Law Review

An ongoing problem in economic development is getting the municipalities in a particular region to work together to grow the area’s economy.  New York’s “home rule” essentially gives towns and cities complete control over planning and zoning.[1]  This can create problems including sprawl and a general lack of a coherent economic development plan.  When an economic development plan is effective, it can allow a region to capitalize on its strengths and boost the entire area’s economy.  When there is no regional plan or an ineffective plan, however, economic development can lead to haphazard development as towns and cities squabble over state funding for the latest big project.  The key is for state leaders to get local officials around a particular region working together, or as one local development official in Schenectady puts it, “rowing in the same direction.”[2] Continue reading

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Filed under Government Reform, Land Use, Municipal Law, Technology Law, Uncategorized

Battle at the Border: National Northern Border Counternarcotics Drug Strategy

By Caroline Murray, Albany Government Law Review

I. Introduction

“It’s our dirty little secret,” said Franklin County District Attorney Derek P. Champagne.[1]  He was speaking of the U.S.- Canadian border drug trafficking issue.[2]  At the time of his statement, Mr. Champagne was prosecuting the drug bust of smuggler, Lee Marlowe, who was apprehended after an alert went out, “for a vehicle from the border with a load of marijuana.”[3] Congressman Bill Owens claimed this bust was the result of winning House approval of the Northern Border Counternarcotics Strategy Act one-month prior.[4]  Senator Charles Schumer, pushed the bill through the Senate and President Obama signed it into law on January 4, 2011.[5] Continue reading

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Filed under Criminal Law, Federalism, Government Reform, Immigration Law, Technology Law