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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.
Breaking News! Secret Ballot Protection Act Introduced Into 111th Congress
Posted on February 27, 2009Federal District Ct Holds FMLA protects ineligible employee's request for future leave when employee is eligible
Posted on February 27, 2009NY App. Div Holds No Discovery Available In Civil Service Disciplinary Hearings
Posted on February 27, 2009Prominent Economists Support Employee Free Choice Act
Posted on February 26, 2009A group of prominent economists placed an add in the Washington Post on Feb. 25, 2009 arguing that passage of the Employee Free Choice Act is critical to rebuilding our economy and strengthening our democracy. That message was also delivered...
Scholarly Article Demonstrates That There Is Little Undue Pressure In Card Check Campaigns
Posted on February 26, 2009One of the major arguments against passage of the Employee Free Choice Act is that it will result in unions putting undue pressure on employees to sign cards. However, a major empirical study has just come out which demonstrates that...
Dismissed employee precluded from litigating her termination because of her failure to exhaust her administrative remedies
Posted on February 26, 2009Matter of Yan Ping Xu v New York City Dept. of Health, 2009 NY Slip Op 50147(U), Decided on January 23, 2009, Supreme Court, New York County [Not officially published]Yan Ping Xu, a New York City Research Scientist Level I,...
Blog Layoff!
Posted on February 26, 2009It seems as if the economy is effecting some of us blogers. Legal Blog Watch has an interesting Feb. 25, 2009 story about 3 more blogs closing their doors. As the article states:It has seemed like a morbid week for...
Events before students' time--does it matter?
Posted on February 25, 2009As I work through my personal income tax class this semester, I find it is becoming increasingly difficult for the students to relate to past events which aren't quite history but are before their time. For example we worked on...
Congratulations To Secretary Harris
Posted on February 25, 2009Congratulations to New York Law School Professor, and my college buddy, Seth Harris who was just nominated by President Obama to be Deputy Secretary of Labor which is the number 2 position in the Department of Labor. The February 23,...
Idaho's ban on public employee payroll deductions did not violate free speech
Posted on February 25, 2009In Ysursa v Pocatello Education Association, USSCt, Dkt No 07-869,___U.S.___(February 24, 2009), the Supreme Court has reversed a Ninth Circuit finding that an Idaho law banning public employee payroll deductions for political activities violated the First and Fourteenth Amendments, ruling...
Annulling four of forty-one specifications of alleged misconduct, court sustains finding the employee guilty of the surviving charges and the penalty
Posted on February 25, 2009Matter of Levi v Lauro, 2009 NY Slip Op 00542, Decided on January 27, 2009, Appellate Division, Second Department Thomas Lauro, Commissioner of the Westchester County Department of Environmental Facilities, adopted the report and recommendation of a hearing officer finding...
1st holds plaintiff reasonably declined to report her harasser to his drinking buddy
Posted on February 25, 2009Monteagudo v Asociacion de Empleados del Estado Libre Asociado, ___F.3d___ (1st Cir. January 26, 2009), is an important sexual harassment decision concerning employer liability and employer affirmative defenses. An employer's argument that it should have been allowed to use the...
1st Holds Title VII Statute of Limitations Runs From Date Of Termination Notice
Posted on February 24, 2009Abraham v Woods Hole Oceanographic Inst, ___F.3d___(1st Cir. January 22, 2009), is an interesting decision. The First Circuit held that the limitations period on a discharged investigator's employment Title VII claim began to run when he received notice he was...
Pro Se Must Be Given Access To Unreported Or Electronically Reported Decisions
Posted on February 24, 2009Lebron v. Sanders, ___F.3d___(2d Cir. Jan. 26, 2009), is a decision which illustrates an important, but simple point. In New York, a federal district court rule requires that counsel provide pro se litigants copies of unreported decisions and decisions that...
Obama To Included Unions In White House Summit
Posted on February 24, 2009President Obama is bringing hundreds of advisers together to help find a solution to the financial crisis and curb the federal deficit laden budget. What is most significant about all of this is that President Obama is included unions. This...
No Child Left Behind To Be Renamed??
Posted on February 24, 2009Rename Law? No Wisecrack Is Left Behind is an interesting Feb. 23, 2009 New York Times article. Newly appointed Education Secrectary Duncan believes that the statute should be renamed because of all the negative publicity under it. ?Let?s rebrand it,?...
NLRB Enforces 200 Plus Paragraph Subpoena
Posted on February 23, 2009CNN America, 353 NLRB No. 94 (Feb. 14, 2009), is an interesting decision. The Board enforces a subpoena that was 200 plus paragraphs long reasoning:CNN has already located the documents and itemized them in its privilege and redaction logs. It...
Attorneys Failure To Research FMLA Leads To Liquidated Damages
Posted on February 23, 2009Judge: In House Attorney's Failure to Research FMLA Shows Lack of Good Faith is an interesting Jan. 30, 2009 law.com article. It is about Brown v. Nutrition Management Services Co., a federal district court case where an attorneys failure to...
6th Holds Employer did not breach CBA by requiring employees who retired when there was no CBA in force to pay for medical benefits
Posted on February 23, 2009Retiree benefits are becoming more and more important as the cost of health care continues to rise. Winnett v. Caterpiller, ___F.3d___(6th Cir. Jan. 27, 2009) is an important decision dealing with retirements that occur during a contractual hiatus. The 6th...
BOCES Not Entitled To 11th A Immunity As It Is Not An Arm Of The State
Posted on February 23, 2009Gorton v. Gettel, ___F.3d___(2d Cir. Jan. 28, 2009), is an important decision.It appears to have been brought under Title VII because the complaint alleged harassment in employment. The court held that Boards of cooperative educational services (BOCES), created by supervisory...
Interview with Incoming Harvard Law Review President
Posted on February 23, 2009The Harvard Law Record has posted an interview with Joanna Huey, Harvard Law Review's new president. Ms. Huey offers a thoughtful response to recent criticisms against student-edited law journals in the interview. Craig Estlinbaum
Overview Of WARN
Posted on February 22, 2009The Feb. 6, 2009 NY Law Journal has a nice article (registration required) which summarizes WARN which is becoming more and more important in these hard economic times. As the article states:The total number of mass layoff events in 2008,...
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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....
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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....
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