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Adjunct Law Prof Blog 

Post Frequency: 42.5/day Last Entry: April 01, 2011 at 01:00:00 Recent Entries: 3355
By Mitchell H. Rubinstein
Go to Adjunct Law Prof Blog, find other Academic blogs, or browse all law blogs.
Teacher?s disparagement of creationism violated Establishment Clause
Posted on June 04, 2009C.F. v. Capistrano Unified Sch. Dist., ___F.Supp.2d____ (C.D. Cal. May 1, 2009), is an interesting case. The court held that a high school teacher violated the Establishment Clause when he stated in class that creationism is ?superstitious nonsense.? However, the...
6th Holds Union Does Not Breach Its DFR By Advising Grievant To Plead Mercy
Posted on June 03, 2009Hayes v. UPS, Inc., ___F.3d___(6th Cir. May 19, 2009), is an interesting as well as important DFR case. The 6th held that a union's decision to plead a "mercy case" at a grievance panel on behalf of a terminated employee...
Employee found guilty of disciplinary charges involving absence from work based on records generated by global positioning equipment
Posted on June 03, 2009Matter of Halpin v Klein, 2009 NY Slip Op 03593, Decided on May 5, 2009, Appellate Division, First Department* Joel I. Klein, Chancellor of the New York City Department of Education, terminated John Halpin?s employment with the Department after finding...
2d Cir. Issues A Primer On Labor Arbitration
Posted on June 03, 2009United Steel v. E.I. Dupont, ___F.3d___(2d Cir. May 1, 2009), is brought to your attention for several reasons. First, its short and well written. Second, it does a nice job of summarizing arbitral principals and as such, it is an...
Employee terminated after accessing Facebook from her a home after claiming to be too ill to use a computer at work
Posted on June 03, 2009Source: BBC World News, April 25, 2009 Employee surveillance using the employer?s on-site security cameras is becoming an important issue in terms of employee privacy and the expectation of employees to privacy at the worksite. For example, employees were threatened...
NY Times Article On Forest Grove Special Education Case
Posted on June 02, 2009Supreme Court To Address Meeting Needs Of Special Education Students is an interesting May 31, 2009 article from the New York Times. It previews Forest Grove School District v. T.A., No. 08-305 which deals with the issue whether or not...
Michigan State Faculty Unionize
Posted on June 02, 2009Inside Higher Education reported on June 1, 2009 that the non-tenured and adjunct faculty voted to unionize. The bargaining unit appears to not include tenure track profs and the union is the AFT. Additional information is available from the union's....
NLRB Files Petition For Rehearing in Laurel Baye
Posted on June 02, 2009Readers of this blog will note that we have been following the interesting issue of whether or not the NLRB has the authority to issue 2 Member decisions. The D.C. Circuit in Laurel Baye, held that the Board did not...
Death benefits granted widow of Jehovah?s Witness who refused treatment
Posted on June 02, 2009We do not discuss Workers Comp much here. However, it is an important part of employment law. (Williams v State of Wyoming, (WyoSupCt, April 21, 2009), demonstrates that some of these cases can be quite interesting as well. The Supreme...
Eisenberg, et al. on The Decision to Award Punitive Damages
Posted on June 02, 2009Theodore Eisenberg (Cornell Law), Michael Heise (Cornell Law), Nicole L. Waters (National Center for State Courts) and Martin T. Wells (Cornell University and Weill Medical Center) have posted "The Decision to Award Punitive Damages: An Empirical Study" on the Social...
Bill to Create New Law School Goes to Texas Governor
Posted on June 02, 2009A bill to create the University of North Texas at Dallas Law School passed the Texas House and Senate on Sunday and now goes to Texas Governor Rick Perry for approval. Four days earlier, Governor Perry signed legislation making North...
Cert. Petition Filed In 2 Member NLRB Circuit Decision
Posted on June 01, 2009Workplace Prof Blog has done an excellent job following the issue of whether or not the NLRB has the authority to issue two member decisions. As readers to this blog know, there is a conflict in the circuits with respect...
Employment Non-Discrimination Act ("ENDA") May Be Reintroduced Next month
Posted on June 01, 2009Workplace Prof Blog is summarizing reports from other blogs that Congressman Barney Frank may reintroduce the Employment Non-Discrimination Act, ("ENDA") next month.The article they cite to suggests that this version will prohibit discrimination on the basis of sexual orientation and...
Employee Denied Injunction In FMLA Case Even Though He Established Probability Of Sucess On The Merits
Posted on June 01, 2009Cantrall v Zeon Chemicals, LP, ___F.Supp.2d____(W.D. Ky. April 23, 2009), demonstrates how difficult it is to get an injunction ordering reinstatement pending a resolution of an employment dispute. A federal district court declined to issue a preliminary injunction prohibiting an...
Employer violated NLRA in unilaterally canceling dues checkoff
Posted on June 01, 2009Tribune Publishing v NLRB, ___F.3d___(D.C. Cir. April 28, 2009), is an interesting decision. The D.C. Circuit affirms a decision of the NLRB which held that an employer committed a ULP when it unilaterally discontinued using its direct deposit system to...
Jon Plus Kate Labor Law Violations??
Posted on May 31, 2009On May 29, 2009 Workplace Prof Blog raised an interesting legal issue. Whether the children on the reality TV show, Jon plus Kate are working. If they are, FLSA child labor law requirements kick in. The issue in my mind...
Why Write Law Review Articles??
Posted on May 31, 2009Erwin Chemerinsky (Dean, UC-Irvine) has published Why Write?, 107 Mich. L. Rev. 881 (2009). Here is the abstract: What is the purpose of legal scholarship? The foreword to the University of Michigan Law Review's book review issue provides an excellent...
Legal Research Over The Internet
Posted on May 30, 2009Get Your Free Case Law On The Web is an important May 8, 2009 law.com article. It reviews the pros and cons of 10 different free internet research sites on the web-none of which compare to Lexis or Westlaw. The...
Free College Textbooks (Well, Sort Of!)
Posted on May 30, 2009I just became aware of Flatworld Knowledge. They post open source Free College Textbooks online. Whats the catch? They are online books. You need to purchase a book if you want a hard copy. The books appear to be softcover...
2d holds Assertion that men have propensity to harass was invidious sex stereotyping
Posted on May 29, 2009Here is an interesting one. In Sassaman v Gamache, Dutchess County Bd of Elections and Dutchess County, ___F.3d___(2d Cir. May 22, 2009), the 2d Circuit held that a male employee who was charged by a coworker with sexual harassment provided...
Labor Peace Agreements And Gov. Patterson
Posted on May 29, 2009New York Governor's New Order To Benefit Unions is an important May 3, 2009 New York Times article. It reports on an Executive Order issued by the Governor which may make it easier to organize unions in New York. It...
Public Policy Exception To Employment At Will and Porn
Posted on May 29, 2009Workplace Prof Blog picked up on a story by Mass Lawyers Weekly here and the Legal Ethics Forum blog about a Massachusetts appellate decision that reversed a trial court's dismissal of an unlawful termination claim. The plaintiff is an attorney...
Non-Custodial Parent Does Not Have The Right To Make Special Education Decisions
Posted on May 29, 2009Fuentes v. Board of Education, ___N.Y.3d ___(April 30, 20009), is an important Education and Family law decision coming out of the New York Court of Appeals. The Court answers a certified question put to it by the Second Circuit and...
In post-Pyett ruling, union member need not arbitrate ADA claims
Posted on May 28, 2009Kravar v Triangle Services, Inc, ___F.Supp.2d___(S.D.N.Y. May 12, 2009), is also an important post-Pyett decision to be aware of. The court holds that an employer could not compel an employee to arbitrate her ADA claims pursuant to the arbitration provisions...
In post-Pyett ruling, union member who chose to arbitrate must do so
Posted on May 28, 2009Mathews v Denver Newspaper Agency, LLP, __F.Supp. 2d___ (D. Colo. May 4, 2009), is one of the first post-Pyett rulings and therefore, this case should be looked at carefully by all who practice in this area. the court holds that...
Online Law Review Submission Guide
Posted on May 28, 2009Professor Colin Miller (John Marshall Law School) and Editor Evidence Prof Blog recently wrote to inform me about a Submission Guide for Online Law Review Journals which he posted on SSRN. This document, which spans 7 pages, is a wonderful...
Federal Jurisdiction And Arbitration
Posted on May 28, 2009Arbitration To Establish Federal Jurisdiction, Only the Complaint Counts is an interesting May 1, 2009 New York Law Journal article by Samuel Estreicher and Steven C. Bennett (registration required) It is about a recent Supreme Court decision in Vaden v...
Who Is Judge Sonia Sotomayor??
Posted on May 27, 2009SCOTUS Blog has a wonderful summary of Judge Sotomayor's civil cases, many of her employment discrimination decisions. Since joining the 2d Circuit in 1998, she authored over 150 opinions. With respect to her record on civil rights, SCOTUS Blog states:...
AFL-CIO Applauds Nomination of Judge Sotomayor To Supreme Court
Posted on May 27, 2009Here is the statement AFL-CIO President Sweeney issued earlier today on Judge Sotomayor's nomination: America?s workers applaud the nomination of Judge Sonia Sotomayor to the United States Supreme Court. She is a brilliant jurist and in her distinguished career has...
Qualified Immunity In Student 1st A 1983 Case
Posted on May 27, 2009Harper v. Poway Unified Sch. Dist., No. 07-55224, ____F.3d____ (9th Cir. Mar. 10, 2009), is an interesting Education Law/Student First A type of case. In a brief, but important decision in a case involving a California district that restricted a...
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If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








