UC - sec. 401(d)- availablity for work - alien worker - expired work authorization

Ruiz v. UCBR - Commonwealth Court - November 20, 2006

http://www.courts.state.pa.us/OpPosting/CWealth/out/1343CD06_11-20-06.pdf

An alien who does not have a current valid work authorization is not legally available for work and is not eligible for UC benefits under sec. 401(d)(1) of the UC Law, 43 P.S. sec. 801(d)(1).

"A claimant who registers for work is presumed [to be] able [to] and available for work....Nevertheless, to be available for work, a claimant must be ready and able to accept employment, and be actually and currently attached to the labor force."

"Immigration is a matter of exclusive federal jurisdiction. Accordinly, where the USCIS denies or revokes an alien's work authorization, the determination is binding on the states and can be assailed only before a federal agency or in a federal court....Significantly, when an alien does not possess a current or valid USCIS work authorization, he cannot accept employment. 8CFR sec. 274.12(c). Moreover, it is unlawful for an employer to hire, recruit, or continue to employ an alient who is (or has become) an "unauthorized alien." 8 USC sec. 1324a(a)(1)-(2).

This decision confirms the dictum in Jimoh v. UCBR, 902 A.2d 608, 612 n.7 (Pa. Cmwlth. 2006), concerning sec. 401(d).

Pennsylvania Bulletin of November 18, 2006

http://www.pabulletin.com/secure/data/vol36/36-46/index.html

PUC - practice & procedure - interpretation of rules on party status, rights, obligations
http://www.pabulletin.com/secure/data/vol36/36-46/2266.html

Governor - notice of veto of HB 236 - promulgation of regulations
http://www.pabulletin.com/secure/data/vol36/36-46/2259.html

courts - local rules - Philadelphia - motion for summary judgment - Rule *1035.2(a)http://www.pabulletin.com/secure/data/vol36/36-46/2260.html

IRRC - notice of filing of final rule - commercial manure hauler/broker certification
http://www.pabulletin.com/secure/data/vol36/36-46/2284.html

child witness - taint - clear and convincing evidence

Commonwealth v. Cesar - Superior Court - November 14, 2006

http://www.courts.state.pa.us/OpPosting/Superior/out/s06009_06.pdf

The court discussed how to deal with the issue of the possible tainting of the testimony of a child. The Defendant claimed that the child's evidence had been tainted by improper coaching by a parent, an asst. DA, and someone from the victim-witness office.

The court discussed the problem of taint, stating that the "core belief underlying the theory...is that a child's memory is peculiarly susceptible to suggestibility so that when called to testify a child may have difficult distinguishing fact from fantasy. Taint is the implantation of false memories or the distortion of real memories caused by interview techniques...that are so unduly suggestive and coercive as to infect the memory of the child, rending that child incompetent to testify."

The court said that a taint investigation is triggered by "some evidence of taint. Once some evidence of taint is presented, the... hearing [about the child's competency to testify] must be expanded to explore this specific question. During the hearing the party alleging taint bears the burden of production of evidence of taint and the burden of persuasion to show taint by clear and convincing evidence. Pennsylvania has always maintained that since competency is the presumption, the moving party must carry the burden of overcoming that presumption...[A]s with all questions of competency, the resolution of a taint challenge...is a matter addressed to the discretion of the trial court."

Pennsylvania Bulletin of November 11, 2006

http://www.pabulletin.com/secure/data/vol36/36-45/index.html

recent statutes and vetoes
http://www.pabulletin.com/secure/data/vol36/36-45/2193.html

court rules - execution sale - real property - Pa. R.C.P 3129.3 http://www.pabulletin.com/secure/data/vol36/36-45/2195.html

court rules - proposed - divorce - answer/denial - Pa. RCP 1920.14 http://www.pabulletin.com/secure/data/vol36/36-45/2194.html

LIHEAP - availability of 2007 plan
http://www.pabulletin.com/secure/data/vol36/36-45/2224.html

Pennsylvania Bulletin of November 4, 2006

http://www.pabulletin.com/secure/data/vol36/36-44/index.html

court rules - Allegheny County-
http://www.pabulletin.com/secure/data/vol36/36-44/2149.html

Commonwealth Court - televising on PCN
http://www.pabulletin.com/secure/data/vol36/36-44/2147.html

Orphans' Court Rules - omnibus amendments
http://www.pabulletin.com/secure/data/vol36/36-44/2190.html

court rules - support - allocation of additional expenses - Rule 1910.16-6
http://www.pabulletin.com/secure/data/vol36/36-44/2148.html

IRRC- actions taken
http://www.pabulletin.com/secure/data/vol36/36-44/2174.html

agriculture - wine marketing/research - referendum
http://www.pabulletin.com/secure/data/vol36/36-44/2153.html

Pennsylvania Bulletin of October 28, 2006

http://www.pabulletin.com/secure/data/vol36/36-43/index.html

court rules - appellate rules - "final order" - Rule 341
http://www.pabulletin.com/secure/data/vol36/36-43/2102.html

labor - minimum wage increase - training wage - statements of policy
http://www.pabulletin.com/secure/data/vol36/36-43/2115.html

Pennsylvania Bulletin of October 7, 2006

http://www.pabulletin.com/secure/data/vol36/36-40/index.html

court rules - proposed - custody - modification - proposal to require allegation of substantial change of circumstances and overrule Karris decision, 544 A.2d 1328 (Pa. 1988)
http://www.pabulletin.com/secure/data/vol36/36-40/1960.html

court rules - appellate rules - briefs on reargument/remand/reconsideration
http://www.pabulletin.com/secure/data/vol36/36-40/1958.html

Commonwealth Court - proceedings - guidelines for broadcasting, photographing, recording
http://www.pabulletin.com/secure/data/vol36/36-40/1959.html

welfare - WIC - maximum prices, competitive prices
http://www.pabulletin.com/secure/data/vol36/36-40/1977.html

welfare - WIC - store peer group system
http://www.pabulletin.com/secure/data/vol36/36-40/1978.html

welfare - WIC - minimum inventory requirements
http://www.pabulletin.com/secure/data/vol36/36-40/1979.html

horses - breeding fund program
http://www.pabulletin.com/secure/data/vol36/36-40/1967.html