29 Cited authorities

  1. Skinner v. Railway Labor Executives' Assn

    489 U.S. 602 (1989)   Cited 1,983 times   21 Legal Analyses
    Holding the government's "interest in regulating the conduct of railroad employees to ensure safety, like its ... operation of a government office, school, or prison" justified subjecting employees engaged in safety-sensitive tasks to warrantless drug and alcohol testing
  2. United States v. Martinez-Fuerte

    428 U.S. 543 (1976)   Cited 1,560 times   7 Legal Analyses
    Holding that border officers have "wide discretion" to stop, question, and refer individuals to secondary investigation at border checkpoints
  3. Board, Ed., I.S.D. No. 92, Pottawatomie Cty. v. Earls

    536 U.S. 822 (2002)   Cited 415 times   5 Legal Analyses
    Holding that consensual random drug testing of students participating in extra-curricular activities were searches under the Fourth Amendment even though they were not part of a criminal investigation and a positive test resulted only in suspension from participation
  4. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,128 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal
  5. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 216 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”
  6. Palmieri v. Lynch

    392 F.3d 73 (2d Cir. 2004)   Cited 198 times
    Holding that a side yard and backyard are included in the curtilage to the home
  7. Lynch v. City of New York

    589 F.3d 94 (2d Cir. 2009)   Cited 157 times   1 Legal Analyses
    Stating that this interpretation of Edmond "derives naturally from prior case law"
  8. New York Health and Hosp. Corp. v. McBarnette

    84 N.Y.2d 194 (N.Y. 1994)   Cited 190 times
    In NewYork City Health & Hosps. Corp. v McBarnette, (84 NY2d 194, 199 [1994], rearg denied 84 NY2d 865 [1994]), an analogous and controlling case, plaintiff commenced a declaratory judgment action against government agencies that administer the Medicaid program to challenge the manner in which hospitals are reimbursed for services provided to patients.
  9. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 220 times   3 Legal Analyses
    In Boreali v. Axelrod, 71 N.Y.2d 1 (1987), the high court invalidated antismoking regulations promulgated by the Public Health Council ("PHC") on the ground that the detailed regulatory scheme exceeded the PHC's statutory authority over matters affecting the public health.
  10. Matter Sullivan Co. Harness v. Glasser

    30 N.Y.2d 269 (N.Y. 1972)   Cited 278 times
    Upholding statute that required the agency to issue licenses when the issuance would "be in the best interests of racing generally" and when "the public interest, convenience, or necessity" would be served
  11. Section 4120.2 - Restricted use of drugs, medication and other substances

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4120.2   Cited 9 times
    Administering drug, not authorized, within one week of race
  12. Section 4120.17 - Out-of-competition testing

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4120.17   Cited 3 times

    (a)Out-of-competition collection of samples. (1) The commission may at a reasonable time on any date take a blood, urine or other biologic sample from a horse that is on a nomination list or under the care or control of a trainer or owner who is licensed by the commission, in order to enhance the ability of the commission laboratory to detect or confirm the impermissible administration of a drug or other substance to the horse. (2) Horses to be tested may be selected at random, for cause or as determined

  13. Section 13:70-14A.13 - Out-of-competition testing (on non-race days and on race days pre-race) of racehorses for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of out-of-competition testing; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of post-race blood sample testing (on race days) conducted pursuant to other provisions of this chapter

    N.J. Admin. Code § 13:70-14A.13   Cited 2 times

    (a) The presence of Erythropoietin (Epogen, EPO), DarbEPO or other blood doping agents in the racehorse is deemed adverse to the bests interests of thoroughbred racing, and adverse to the best interests of the racehorse in that such condition alters its normal physiological state. Accordingly, in addition to such substances being prohibited from being present in the body of a racehorse on race day pursuant to 13:70-14A.1 and 14A.4, and in addition to elevated titers of anti-recombinant human EPO

  14. Section 810 KAR 1:110 - Out of competition testing (Repealed)

    810 Ky. Admin. Regs. 1:110   Cited 2 times

    810 KAR 1:110 37 Ky.R. 1125; 1716; 2011; eff. 3-4-2011; 45 Ky.R. 1862; eff. 5/31/2019.

  15. Section 603.200 - Out of Competition Testing

    Ill. Admin. Code tit. 11 § 603.200   Cited 1 times

    a) Any horse on the grounds of a racetrack under the jurisdiction of the Board, or stabled off-track, while under the care or control of a trainer or owner licensed by the Board, is subject to testing for blood and/or gene doping agents, with reasonable notice. This Section does not apply to therapeutic medications approved by the FDA for use in the horse. b) Horses to be tested may be selected at random, with probable cause, or as determined by the Board for out of competition testing. The trainer

  16. Section 603.120 - Referee Samples

    Ill. Admin. Code tit. 11 § 603.120

    a) For each horse tested, one portion of the test sample (hereinafter referred to as the "referee sample") shall be preserved by the laboratory. The referee sample shall be available for testing at the request of the owner, trainer or other person charged with a violation of these rules. The referee sample may also be tested by the Board laboratory. b) If the owner, trainer or other person charged with a violation of this Section desires to send the referee sample to another laboratory for testing

  17. Section - TESTING

    N.M. Code R. §

    A. REPORTING TO THE TEST BARN: (1) The official winning horse, or any other horses ordered by the commission or the stewards shall be taken to the test barn to have a an official sample taken at the direction of the official veterinarian. (2) Random or extra testing may be required by the stewards or the commission at any time on any horse. (3) Unless otherwise directed by the stewards or the official veterinarian, a horse that is selected for testing must be taken directly to the test barn. (4)