Administrative Law

Alumnae Lack Standing to Challenge College’s Move to Fully Coeducational Program

Four alumnae of Wilson College lacked standing to challenge the college’s adoption of a fully coeducational program, the Pennsylvania Commonwealth Court decided in Tishok v. Dept. of Education.

By | February 18th, 2016|Categories: Administrative Law, School Law|Tags: , , , , , , , , , , , , , , |Comments Off on Alumnae Lack Standing to Challenge College’s Move to Fully Coeducational Program

PennDOT can Proceed with Condemnation under Reauthorized Acquisition Plan

The Eminent Domain Code does not prohibit PennDOT from revising or reauthorizing a land acquisition plan in order to extend the time for filing its declaration of taking, the Pennsylvania Commonwealth Court held in In Re: Condemnation by Com., Dept. of Transp. .

By | February 10th, 2016|Categories: Administrative Law, Real Property|Tags: , , , , , , , , , , , , , , |Comments Off on PennDOT can Proceed with Condemnation under Reauthorized Acquisition Plan

Motorists have no Statutory Right to Choose Method of Chemical Testing at Time of DUI Arrest

A motorist under arrest for DUI has no statutory right to request alternative testing once confronted with a police officer’s request to submit to a blood test, the Pennsylvania Supreme Court ruled in Nardone v. Dept. of Transp., Bureau of Driver Licensing.

By | January 14th, 2016|Categories: Administrative Law, Civil Litigation|Tags: , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Motorists have no Statutory Right to Choose Method of Chemical Testing at Time of DUI Arrest

Attorney General not Required to Disclose Pornographic Emails

The Right-to-Know Law does not compel Attorney General Kathleen Kane to disclose pornographic emails sent or received by OAG employees using their work accounts, the Pennsylvania Commonwealth Court ruled in Pennsylvania Office of Attorney General v. Philadelphia Inquirer

By | December 7th, 2015|Categories: Administrative Law, Government Law|Tags: , , , , , , , , , |Comments Off on Attorney General not Required to Disclose Pornographic Emails

Suspended Attorney can Represent Party in Unemployment Hearing

An attorney suspended from the practice of law could serve as the claimant’s representative at an unemployment referee’s hearing, the Pennsylvania Commonwealth Court decided in Powell v. Unemployment Compensation Bd. of Review

Commonwealth Court Orders Retirement Board to Reinstate Jerry Sandusky’s State Pension

Because Jerry Sandusky was not an employee of Penn State University (PSU) when he committed the criminal acts for which he was convicted, the State Employees’ Retirement Board (Board) cannot forfeit his state pension, an en banc panel of the Commonwealth Court has held in Sandusky v. Pennsylvania State Employees’ Retirement Bd.

By | November 13th, 2015|Categories: Administrative Law|Tags: , , , , , , , , , , |Comments Off on Commonwealth Court Orders Retirement Board to Reinstate Jerry Sandusky’s State Pension

Commonwealth Court Rejects “Forfeiture Entrapment” Defense

Using one’s vehicle as collateral in a drug deal at the insistence of law enforcement does not give rise to an entrapment defense to forfeiture of the vehicle, the Pennsylvania Commonwealth Court held in Com. v. Black 2009 Ford Mustang.

By | November 2nd, 2015|Categories: Administrative Law, Constitutional Law|Tags: , , , , , , , |Comments Off on Commonwealth Court Rejects “Forfeiture Entrapment” Defense

Governor Cannot Remove Open Records Director without Cause

The Executive Director of the Office of Open Records (OOR) is not subject to the Governor’s constitutional power to remove his appointees at-will, the Pennsylvania Supreme Court held in Arneson v. Wolf.

School District must Provide Transportation to Pupil with Two Residences due to Shared Custody Arrangement

Where a child has two residences within a school district due to a shared custody arrangement, the district must provide transportation to both residences, the Pennsylvania Supreme Court ruled in Watts v. Manheim Twp. Sch. Dist.

By | September 15th, 2015|Categories: Administrative Law, School Law|Tags: , , , , , , , , , , |Comments Off on School District must Provide Transportation to Pupil with Two Residences due to Shared Custody Arrangement

SEPTA not Subject to Local Anti-Discrimination Ordinances

The Southeastern Pennsylvania Transportation Authority (SEPTA) is not subject to local anti-discrimination ordinances such as the Philadelphia Fair Practices Ordinance, an en banc Commonwealth Court panel ruled in SEPTA v. City of Philadelphia