§Why CasetextPricing

In the Matter of Mark Ford, et al., Appellants,v.New York State Racing and Wagering Board, Respondent.

Brief

36 Cited authorities

  1. New York v. Burger

    482 U.S. 691 (1987)   Cited 910 times   12 Legal Analyses
    Holding that to be an adequate substitute for a warrant, the scheme “must perform the two basic functions of a warrant”—let owners know that the inspections are made pursuant to law, and be “carefully limited in time, place, and scope”

  2. Donovan v. Dewey

    452 U.S. 594 (1981)   Cited 549 times   4 Legal Analyses
    Holding that the surprise warrantless inspections required by the Mine Safety and Health Act did not offend the Fourth Amendment because there is a substantial federal interest in "improving the health and safety conditions in the Nation's underground and surface mines"

  3. United States v. Biswell

    406 U.S. 311 (1972)   Cited 681 times   6 Legal Analyses
    Holding that the "urgent federal interest" in regulating firearms traffic outweighs any threat to gun dealers' privacy

  4. Spevack v. Klein

    385 U.S. 511 (1967)   Cited 628 times   2 Legal Analyses
    Holding that the privilege protects a lawyer who refuses to give testimony that might incriminate himself

  5. Swint v. City of Wadley, Alabama

    51 F.3d 988 (11th Cir. 1995)   Cited 395 times
    Holding that an administrative inspection was unreasonable in part because "[a]dministrative inspections conducted on the Club and its predecessor establishment both before and after the two raids at issue in this case were accomplished without the massive show of force and excessive intrusion witnessed in [the raids]"

  6. Kurcsics v. Merchants Mut

    49 N.Y.2d 451 (N.Y. 1980)   Cited 618 times
    In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.

  7. Trustees of Columbia Univ. v. Karibian

    512 U.S. 1213 (1994)   Cited 126 times

    No. 93-1674. June 13, 1994. ORDERS C.A. 2d Cir. Motions of Chamber of Commerce of the United States of America, Commission on Independent Colleges and Universities, and Equal Employment Advisory Council et al. for leave to file briefs as amici curiae granted. Certiorari denied. Reported below: 14 F. 3d 773.

  8. People v. Scott

    79 N.Y.2d 474 (N.Y. 1992)   Cited 159 times
    Holding that N.Y. Veh. & Traf. Law § 415-, which permitted the NYPD to conduct warrantless searches of vehicle-dismantling businesses, was unconstitutional under New York's Constitution

  9. Anobile v. Pelligrino

    274 F.3d 45 (2d Cir. 2001)   Cited 78 times   2 Legal Analyses
    Holding that to determine whether a search exceeded a constitutionally allowable scope after disposing of the issue on other grounds violated the principle of judicial restraint.

  10. Matter of Levine v. Whalen

    39 N.Y.2d 510 (N.Y. 1976)   Cited 146 times
    Holding that the standard provided in a public health law, “ ‘to provide for the protection and promotion of the health of the inhabitants of the state,’ is not so vague and indefinite as to set no standard or to outline no policy”

  11. 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

  12. 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

  13. Section 4120.1 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4120.1   Cited 1 times

    The terms and words used in this Part shall mean: (a) Administer means to cause the introduction of a substance into the body of a horse. (b) Drug means any substance or metabolite of such substance that does not exist naturally in the untreated horse and that can have a pharmacological effect on a horse. (c) Laboratory means the official racing chemical detection laboratory designated by the commission. (d) Post-race positive test means a finding by the laboratory that a drug or other substance

  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  15. Section 4113.5 - Unqualified horses

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4113.5

    (a) A horse shall be deemed unqualified and must qualify once before being allowed to start in any overnight pari-mutuel event for the following reasons: (1) The horse does not show a charted line of a current performance meeting the qualifying standards at the track for the class of race. Current performance shall be defined as a start within 30 days of the date of the race to which declared. Official workouts shall be acceptable as qualifying performances for this paragraph for horses with previous

  16. Section 4113.6 - Qualification

    N.Y. Comp. Codes R. & Regs. tit. 9 § 4113.6

    In order for a horse to qualify under this rule it shall perform satisfactorily and meet the qualifying standards of the class to which it is eligible. Such performance shall be in a qualifying race except that where the judges determine that a qualifying race is impractical or undesirable an official workout shall be acceptable. The qualifying standard of time for each particular class shall be posted by the judges in the declaration room throughout the season and amended as they deem necessary