Recently in Quality of Life Category



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  • Public Health Law §2164, as amended by Chapter 35 of the Laws of 2019, ended the non-medical immunization exemption and prohibits a school from permitting any child to be admitted to such school, or to attend such school, in excess of 14 days without sufficient evidence that the child has received all age appropriate required vaccinations; with limited exceptions as described below. 
  • For year round programs, the 14 day clock started on June 14.   For students who were enrolled in summer school or an extended year program, the first day of summer school is when the 14-day window started.  For all other students attending school in the Fall, the 14-day window starts with the first day of school in September.
  • A student who did not attend summer school or an extended school year program is permitted to attend school in the fall for 14 days without proof of immunizations. However if by day 14 they have not provided proof of having received the first dose in each vaccinations series, such student must be excluded beginning on day 15; except as otherwise described below.
  • The 14 days may be extended where the student is transferring from out of state or from another country and can show a good faith effort to get the necessary evidence or where the parent, guardian or any other person in parental relationship can demonstrate that a child has received the first age-appropriate dose in each immunization series and that they have age appropriate scheduled appointments for follow-up doses to complete the immunization series in accordance with the CDC's Advisory Committee on Immunization Practices Recommended Immunization Schedules for Persons Aged 0 through 18.   
  • A student with a valid medical exemption may attend the school.

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Albany starting to grapple with facial recognition technology | Newsday

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By Yancey Royyancey.roy@newsday.com  @yanceyroy


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ALBANY -- A western New York school district's bid to become the first to install facial recognition technology in its building hallways has sparked a state review and calls to either place a moratorium on such technology or ban it outright.

It's the latest installment of the growing battle over facial recognition technology in Albany -- a clash occurring in cities, towns and state legislatures around the nation as the surveillance machinery develops.

"Privacy, data protection and surveillance, in all its forms, are issues the state needs to take up," said Sen. Brian Kavanagh (D-Manhattan), co-sponsor of a bill to put a moratorium on schools' use of the technology. "It's long overdue."

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Here's who could lose food stamps under Trump's proposed changes | PBS NewsHour

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On July 24, the Trump administration proposed changing one way states calculate who is eligible to receive SNAP benefits. This policy is called broad-based categorical eligibility, and it was designed to give states further discretion to determine who needs food stamps beyond federal requirements.

Under this proposed rule, people whose gross income is 130 percent above the federal poverty line (slightly more than $16,000 for one person) or have more than $2,250 in assets, will no longer qualify to receive federal food benefits.

That means an estimated 3.6 million Americans would no longer receive food stamps under the new rule. That's nearly one out of 10 households -- or 1.9 million homes -- where people currently receive SNAP benefits in 42 states and territories, according to Mathematica's analysis of the data.

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A state judge in Albany has struck down a cap on outside income for members of the Legislature promulgated by a committee last year as a trade-off for a raise of about $50,000 over three years for those officials.

But Albany County Supreme Court Justice Richard Platkin upheld the pay hike in his decision handed down Thursday, which conflicts with a different ruling on the matter from June.

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The two differing opinions, both handed down by state judges in Albany, will effectively set up arguments on the issue to be evaluated by the Appellate Division, Third Department sometime in the near future.


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The Marshall Project:

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When your doorbell is Big Brother. The smart-doorbell company Ring, owned by Amazon, has partnered with more than 400 police departments nationwide -- far more than previously known -- to provide video from individual citizens' private web-enabled doorbells to aid police in their investigations. Police and company executives say their collaboration makes neighborhoods safer. But critics say it's an undemocratic surveillance dragnet being marketed as just another app. WASHINGTON POST

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An email sent from the Justice Department to all immigration court employees this week included a link to an article posted on a white nationalist website that "directly attacks sitting immigration judges with racial and ethnically tinged slurs," according to a letter sent by an immigration judges union and obtained by BuzzFeed News.

According to the National Association of Immigration Judges, the Justice Department's Executive Office for Immigration Review (EOIR) sent court employees a link to a blog post from VDare, a white nationalist website, in its morning news briefing earlier this week that included anti-Semitic attacks on judges.

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By Dan M. Clark 

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The law in New York will allow law enforcement, a state prosecutor, a family or household member, or certain school employees to file an application in the state Supreme Court of each county to request that an individual be temporarily suspended from owning or buying a gun. 

That's called an Extreme Risk Protection Order, which can remain in effect for up to a year, according to the law. The order can be renewed at the end of that term, but the length of an initial order is capped at a year.

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NY becomes 17th state with mental-health gun control--NY Post

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* New York's red flag law goes into effect Saturday, making it the 17th state to pass the gun control measure that prevents people who show signs of being at risk to themselves or others from purchasing or owning a firearm, rifle or shotgun, the New York Post reports.

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Lawyer Well-Being-- Palliative Care, Hospice and Relevant Laws.

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Stephen Gallagher

Stephen Gallagher

Starting on October 8, 2019, the Senior Lawyer Section will hold our first webinar conversation for Lawyer Well-Being. This first, webinar will be on Palliative Care, Hospice and Relevant Laws. The 30-min conversation will be hosted by, David P. Miranda, former NYSBA President and our first guest will be David C Leven, JD, Executive Director Emeritus and Senior Consultant, End of Life Choices New York.

To give you an idea of how our webinars will work, you can listen to a podcast with Ida Abbott, a lawyer and consultant for more than four decades. Ida was recently featured in a podcast for The Legalpreneurs Sandbox Podcast Series sponsored by the Centre for Legal Innovation (Australia, New Zealand and Asia-Pacific) at The College of Law in Australia. The conversation, which was hosted by the Centre's Executive Director Terri Mottershead, examines the impact of the exodus of Baby Boomer lawyers from legal practice and the role that mentoring should/can/will play in the consequent "changing of the guard." 

A breakdown of the topics they cover can be found on the Centre for Legal Innovation website, and you can listen to the podcast there or here.

We think you will find this discussion quite valuable.
SPG



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Stephen Gallagher
LeadershipCoach
Narberth PA
(610) 660-0218
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Palliative Care, Hospice and Relevant Laws--NYSBA

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Tiffany Bardwell

Tiffany Bardwell

Palliative Care, Hospice and Relevant Laws
Presented by: David C Leven, JD, Executive Director Emeritus and Senior Consultant, End of Life Choices New York
 

October 8, 2019
12:00 P.M. - 12:30 P.M.
Free Webinars Presented on the Second Tuesday of Each Month

Surveys show that about 70% of the public does not know what palliative care is but, when informed about it, 92% said they would be likely to consider it for a loved one who has a serious illness. Mr. Leven will not only define palliative care but also provide important information on issues such as when it should be provided, barriers to its provision, how it differs from hospice, and elements of the Palliative Care Access Act and the Palliative Care Information Act.

Register Here


 

Upcoming Webinar Series Topics:

November 12: A Future by Chance or a Future by Design
Presented by: Larry Ganim | Founder and President of Ganim Financial and GFS Wealth Management Advisors, Inc.
 
Register Here

December 10: The Little Known Living Benefits of a Life Insurance Policy
Presented by: Henry Montag, CFP, CLTC | Managing Director of The TOLI Center East
Register Here

 

Tiffany Bardwell  Section Events and Membership Development Associate

New York State Bar Association

One Elk Street, Albany, NY 12207

direct/fax: 518.487.5675 |  main: 518.463.3200 | email:  tbardwell@nysba.org | www.nysba.org





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In the aftermath of the massacre at Marjory Stoneman Douglas High School in Parkland, Fla., President Trump embraced a proposal to arm teachers as a way to prevent further mass shootings in schools.

His support for the idea, which had been proposed by the National Rifle Association, invigorated a nationwide debate over whether the people educating children should also bear the responsibility of wielding firearms to protect them.

In New York, the answer from state lawmakers was a firm no.

Gov. Andrew M. Cuomo on Wednesday signed a bill that prevents local school districts from allowing teachers and administrators to carry guns on school grounds.


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Children's Immigration Law Academy - Pro Bono--ABA

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Welcome to Pro Bono Matters for Children Facing Deportation! Thousands of children must face immigration judges each year without appointed counsel.  With representation, asylum seekers have a five times greater chance of winning their case.  Below you will find pro bono opportunities nationwide to support children . Funded by the Vera Institute of Justice, Pro Bono Matters for Children Facing Deportation allows lawyers to search and share available pro bono cases for unaccompanied children (UC) detained by the federal government or released to live with family members while in deportation proceedings.


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Amy Wax Controversy Drags Penn Law Into Free-Speech Dilemma | Law.com

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Penn Law Dean Ted Ruger found himself in a familiar spot last week--caught between outraged students demanding sanctions against Amy Wax for what they view as her racist public comments and free-speech advocates who believe that the controversial professor has a right to air her views, however offensive.

Ruger had been in a similar position at least twice in the past two years when Wax published op-eds and gave interviews that were widely perceived as denigrating immigrants and black students at the law school.

The dean has taken a middle-of-the-road approach with Wax, and in the latest incident issued a statement condemning her comments as racist. He also said that they do not reflect the law school's position, but did not take formal action against her. Penn Law said Wax will be taking a previously planned sabbatical during the upcoming school year, however.

The recent controversy stems from Wax's statements that U.S. would be "better off with more whites and fewer nonwhites," during a panel at a national conference for conservatives.

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Center for Retirement Research at Boston College

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The goals of the Center for Retirement Research are to promote research on retirement issues, to transmit new findings to the policy community and the public, to help train new scholars, and to broaden access to valuable data sources.



The NY ABLE (Achieving a Better Life Experience)

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The NY ABLE (Achieving a Better Life Experience) program is a tax-advantaged savings plan administered by the Office of the New York State Comptroller and is designed to help individuals with disabilities maintain their health, independence and quality of life without risking their Supplemental Security Income, Medicaid and other means-based benefits. If you know someone who is living with a disability or is caring for a loved one with a disability, please encourage them to visit the NY ABLE website or call 1-855-5NY-ABLE to learn more about opening an account.

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...Documents released last Sunday revealed that Immigration and Customs Enforcement officials employed facial recognition technology to scan motorists' photos to identify undocumented immigrants. The F.B.I. also spent more than a decade using such systems to compare driver's license and visa photos against the faces of suspected criminals, according to a Government Accountability Office report last month. On Wednesday, a congressional hearing tackled the government's use of the technology...

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Connect with Law Students Seeking Experience with Rural Law Practitioners

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We are writing to follow up on an earlier survey wherein you indicated your interest in connecting with law students. The results of this previous survey, done by our Government Law Center, are summarized in this report, which highlights the growing shortage of rural law practitioners. We would like to gain more information about your practice and your ability to host or hire an Albany Law School student. We will use this information only for the purpose of creating a possible fit between your law practice and an Albany Law School student. Please take a few moments to complete the survey here.

 

Also, feel free to forward the survey to other rural attorneys in your networks that would benefit from this partnership.

 

The survey will be open for a limited time only.

 

If you have any questions about this survey please contact Mary Walsh Fitzpatrick, Assistant Dean at the Career and Professional Development Center at (518) 445-2377 or mfitz@albanylaw.edu.

 

Thank you.

 

 


NYPD failed to find one incident of biased policing in five years

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By Tina Moore

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The NYPD received 2,495 reports of biased policing since it began investigating allegations from the public five years ago -- but cops haven't substantiated a single complaint, a new city report has found.

The Office of the Inspector General for the Department of Investigation released a report Wednesday that said the complaints were based on race, national origin and sexual orientation.
But the report shows that NYPD officials have "never substantiated an allegation of biased policing."

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 Read the city's report. NEW YORK DEPARTMENT OF INVESTIGATION


Stephen Gallagher

Stephen Gallagher

There was a time in the not-so-distance past when wellness programs in U.S. law schools primarily focused on preventing substance abuse and suicide. Professor Mary Lynch of Albany Law Schools, editor of the Best Practices for Legal Education Blog writes about how Law Student Wellness Programs have changed.

Best Practices for Legal Education was created with two goals in mind: 

1) to create a useful web-based source of information on current reforms in legal education arising from the publication of Roy Stuckey's Best Practices for Legal Education and the Carnegie Foundation's Educating Lawyers; and

2) to create a place where those interested in the future of legal education can freely exchange ideas, concerns, and opinions.  The blog contributors and editor document and record the most recent innovations and academic experiments accompanying the legal education reform movement - and stimulate dialogue between and among all sectors of the legal academy. 







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A federal judge in New York blocks prison officials from holding a mentally ill teenager in solitary confinement for months on end. Corrections officers respond by shipping the boy to the general population at a prison farther away from his home. NEW YORK DAILY NEWS

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