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In the Matter of Wayne Spence, as President of the New York State Public Employees Federation, AFL-CIO, et al., Appellants,v.New York State Department of Agriculture and Markets et al., Respondents.

Brief

40 Cited authorities

  1. Pickering v. Board of Education

    391 U.S. 563 (1968)   Cited 5,662 times   28 Legal Analyses
    Holding teacher's dismissal for criticizing school board unconstitutional

  2. Broadrick v. Oklahoma

    413 U.S. 601 (1973)   Cited 3,442 times   2 Legal Analyses
    Holding that Oklahoma may regulate the political activities of its state employees

  3. United States v. Treasury Employees

    513 U.S. 454 (1995)   Cited 558 times   2 Legal Analyses
    Holding federal-employee honoraria ban unconstitutional

  4. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,556 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  5. United States Civil Service Commission v. National Ass'n of Letter Carriers

    413 U.S. 548 (1973)   Cited 927 times
    Holding that Congress's interest in maintaining an apolitical bureaucracy justified the Hatch Act's restrictions on political activity

  6. Painter v. Graley

    70 Ohio St. 3d 377 (Ohio 1994)   Cited 382 times
    Holding that "an exception to the employment-at-will doctrine is justified where an employer has discharged his employee in contravention of a 'sufficiently clear public policy'" such as where "where the public policy alleged to have been violated is of equally serious import as the violation of a statute"

  7. Anemone v. Metropolitan Transp. Authority

    629 F.3d 97 (2d Cir. 2011)   Cited 188 times
    Holding that, with respect to a procedural due process claim, "[a]n Article 78 proceeding provides the requisite post-deprivation process"

  8. Phillips v. City of Dall.

    781 F.3d 772 (5th Cir. 2015)   Cited 124 times
    Holding that a motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is subject to the same standards applicable to motions to dismiss for failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)

  9. Briggs v. Merit Systems Protection Bd.

    331 F.3d 1307 (Fed. Cir. 2003)   Cited 154 times
    Reviewing a federal employee's claim that the Hatch Act, which prohibits federal employees from running for elected office, "denied the constitutional guarantee of equal protection"

  10. Lynch v. Ackley

    811 F.3d 569 (2d Cir. 2016)   Cited 98 times
    Holding that "a series of actions taken over a period time ..., when viewed in the aggregate, could amount to ‘discipline’ "

  11. Section 1502 - Influencing elections; taking part in political campaigns; prohibitions; exceptions

    5 U.S.C. § 1502   Cited 91 times
    Excluding incumbents, such as the serving Mayor, from Hatch Act coverage

  12. Section 932.10 - Agencies Permitted More Restrictive Rules

    N.Y. Comp. Codes R. & Regs. tit. 19 § 932.10

    Nothing contained in this Part shall prohibit any State Agency from adopting or implementing its own rules, regulations, or procedures with regard to outside activities that are more restrictive than the requirements of this Part. N.Y. Comp. Codes R. & Regs. Tit. 19 § 932.10 Adopted New York State Register July 22, 2015/Volume XXXVII, Issue 29, eff.7/22/2015