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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.
Casualties of War
Posted on August 01, 2008Casualties of War is an interesting July 1, 2008 article from the American Lawyer (registration required). It is about some of the difficulties our wounded veterans returning from Iraq face. The article discusses how a number of major law firms...
Article on Labor Relations Privilege Makes SSRN List of Top 10 Downloads
Posted on August 01, 2008I am pleased to announce that my article "Is a Full Labor Relations Evidentiary Privilege Developing?" 29 Berkeley Journal of Labor and Employment Law 231 (2008) was just listed on SSRN's Top Ten download list for EL: Employment Statutes (Topic)....
Running Debate With Attorney Gerry Spence About His Posting "Defrauding Our Nation's Lawyers
Posted on August 01, 2008I seem to be running a debate with famed attorney Gerry Spence about his article "Defrauding our Nation's Lawyers." If you follow the link, you can see, Gerry's orginal posting, my response as well as responses from others. My latest...
11th Upholds Statute Which Exempts Students From Having To Recite Pledge of Allegiance If Parents Consent
Posted on July 31, 2008Frazier v. Winn, ___F.3d___(11th Cir. July 23, 2008), is an important decision concerning the Pledge of Allegiance. A Flordia statute exempted students from having to recite the pledge with parental permission. The 11th held that this requirement did not violate...
Conduct of Union Organizing Committee Not Attributed To Union
Posted on July 31, 2008Foxwoods Resort Casino, 352 NLRB No. 92 (June 30, 2008), demonstrates an important principle of labor law. Not all conduct of employees can be attributed to their union. It is only where the employees act as agents for the union,...
Employer Statement That It Would Not Grant Wage Increase While Negotiating A CBA Is An Unfair Labor Practice
Posted on July 31, 2008Wal-Mart Stores, 352 NLRB No. 103 (June 30, 2008), is an important NLRB decision to be aware of. Usually, an employer threatens to withhold some type of wage increase if a union is elected. Here, the employer was not as...
8th Provides Short Primer On Racial Harassment
Posted on July 31, 2008O'Brien v. Dept. of Agric., ___F.3d___(8th Cir. July 16, 2008), provides a nice primer on the law of racial harassment under Title VII, which is very similar to sexual harassment. In a suit brought under Title VII claiming hostile work...
Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals
Posted on July 31, 2008Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals Moran v City of Saratoga Springs, et al, Supreme Court, Saratoga County, Index # 2008-0400, Judge Thomas D. Nolan, Jr. In Cruz et...
Former Prof Looses Claim That NYU Must Give His Son Admission "Courtesies"
Posted on July 30, 2008Flomenbaum v. NYU, ___Misc. 3d___ (N.Y. Co. June 23, 2008)Download Flomenbaum.doc , is an interesting case. A doctor at NYU School of Medicine had an employment dispute concerning his tenure. It was eventually resolved by an agreement giving the doctor...
Famed Attorney Gerry Spence Launches Blog
Posted on July 30, 2008Famed attorney Gerry Spence has his own blog, called Gerry Spence's Blog, what else? He wrote a July 28, 2008 article entitled Defrauding our nation?s lawyers which accuses our nations law schools of fraud. Why? Because law schools do not...
Professor Obama
Posted on July 30, 2008The July 30, 2008 New York Times published an interesting story about Obama time as a law school professor at Univ of Chicago Law School entitled As a Professor, Obama Enthralled Students and Puzzled Faculty. The article states that Obama...
2d Denies Enforcement To NLRB Order Which Allowed Literature Distribution At Shopping Mall
Posted on July 30, 2008Salmon Run Shopping Center v. NLRB, ___F.3d___ (2d Cir. July 18, 2008) denied enforcement to an NLRB order which required a shopping mall operator to allow a union to distribute literature on mall premises. The court held that the mall...
Clandestine Surveillance Of Employee Defeats FMLA Claim
Posted on July 29, 2008Vail v. Raybestos Products, ___F.3d___ (7th Cir. July 27, 2008), is an important FMLA decision. An employer's off-duty police officer clandestine surveillance provided the employer with an honest suspicion that an employee was not using her medical laeve for the...
4th Denies Enforcement To NLRB Decision and Holds Employer Lawfully Withdrew Recognition
Posted on July 29, 2008NLRB v. B. A. Mullican Lumber and Mfg. Co., No. 07-2028, 07-2063, ___F.3d___ (4th Cir. July 25, 2008), is an interesting circuit court opinion which reversed the decision of the NLRB Specifically, the NLRB's application for enforcement of a decision....
Waivers Limiting Workers' Time to Sue Draws Fire
Posted on July 29, 2008Waivers Limiting Workers' Time to Sue Draws Fire is an interesting July 21, 2008 National Law Journal article. It's about a growing number of employers who require new employees to sign agreements shorting the statute of limitations to bring claims...
The Important Role of Notary Publics
Posted on July 29, 2008'Can You Notarize This?' Taking the Notary Job Seriously is an important July 18, 2008 New York Law Journal article about the role and importance of notary publics. Though the authors recognize that the notarial function is often overlooked and...
NLRB General Counsel Memo on Political Advocacy
Posted on July 28, 2008On July 22, 2008, the General Counsel issued a memo on ?ULPs Involving Political Advocacy,? Memorandum GC 08-10, available here. This memo was apparently triggered by the GC's consideration of charges protesting the discipline of employees who participated in nationwide...
More men filing workplace lawsuits
Posted on July 28, 2008More men filing workplace lawsuits is an interesting July 28, 2008 National Law Journal article (registration required). As the article states: The macho man image is dying in the workplace. Employment and family law attorneys say a growing number of...
ADR and Mandatory Arbitration in Workplace
Posted on July 28, 2008Michael Weber, Rise of ADR for Workplace Disputes, NYLJ June 17, 2008 is worth of read. The article first briefly reviews the state of the law concerning mandatory arbitration of workplace dispute. However, most of the article is devoted to...
NYAppellate Division Attempts To Quantify How To Determine Emotional Distress Damages
Posted on July 28, 2008New York State v. NYS Division of Human Rights, ___A.D.3d___(3rd Dep't. July 10, 2008), is an important case. In this employment discrimination case, the court reduces an $850,000 emotional distress award down to $200,000, reasoning: We cannot agree, however, that...
DOL Crackdown on Foreign Workers
Posted on July 27, 2008Crackdown continues on sponsoring foreign workers is an interesting July 15, 2008 National Law Journal article about the U.S. Department of Labor's crackdown on the employment of foreign workers by corporations. Additionally, the article reports that all permanent labor certifications...
Do Employer's Need A Blogging Policy??
Posted on July 27, 2008I usually do not post law firm newsletter or client information reports because most of the time I find them to simply be a form of advertising. However, I found one such report by Littler Mendelson to be particularly worth...
Law Professor Blog Ratings
Posted on July 26, 2008Law Professor Blog Emperor, better known as Paul Caron, over at Tax Prof Blog posted a list of the top 35 law school professor blogs. Adjunct Prof Blog is not there yet, but we are gunning for inclusion on that...
Interesting Tax Article By Adjunct Law Professor Dave Rifkin
Posted on July 26, 2008Georgetown Law School Adjunct Professor of Law Dave Rifkin who is an Attorney-Advisor to Tax Court Judge Juan F. Vasquez has posted an interesting article (even to us non-tax folks) entitled An Overview of the "Tax Gap" on SSRN. The...
Employee Who Announced Intention To Resign Still Eligible To Vote In Union Election
Posted on July 25, 2008Magic Beans, Inc., 352 NLRB No. 197 (July 18, 2008), is an interestng case. An employee who announced his intention to resign and did resign after the election was found eligible to vote. Why? Because he was an employee on...
Award of $850,000 Reduced To $200,000 In NYS Employment Discrimination Case
Posted on July 25, 2008Award of $850,000 by the NYS Division of Human Rights held excessive and reduced to $200,000 Matter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 06246, Decided on...
Parent Unsuccefully Challenges School's First Grade Placement Decision of School District
Posted on July 25, 2008Appeal of VICKI GERGELY, ___Ed. Dep't Rep. ___, No. 15, 742 (April 14, 2008), is an interesting case and well worth a read for students of education law. A parent was apparently so unhappy with the selection of her daughter's...
NY Commissioner of Education Issues Decision Summarizing Student Residency Cases
Posted on July 25, 2008Matter of Hoyt, ___Ed. Dep't. Rep. ___, No. 15, 771 (June 26, 2008), is an example of a common issue that arises in Education Law practices; student residency questions. The issue is important because students are entitled to a free...
Employers Beware! Minimum Wage Increases To $6.55 Effective Today July 24, 2008
Posted on July 24, 2008The federal minimum wage increases from $5.85 per hour to $6.55 per hour effective today, July 24, 2008. It increases again effective July 24, 2009 to $7.25 per hour. Details about the federal minimum wage rate, including historical data are...
Public Safety Employer-Employee Cooperation Act
Posted on July 24, 2008The NLRA excludes public sector employers and employees from coverage. That leaves state constitutional law, state statutes and Executive Orders. Thus, the right to bargain collectively in the public sector varies widely by state. Many states have no collective bargaining...
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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?
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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....








