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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Teacher?s disparagement of creationism violated Establishment Clause

Posted on June 04, 2009
C.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, 2009
Hayes 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, 2009
Matter 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, 2009
United 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...

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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, 2009
Source: 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, 2009
Supreme 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, 2009
Inside 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, 2009
Readers 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, 2009
We 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, 2009
Theodore 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, 2009
A 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, 2009
Workplace 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, 2009
Workplace 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, 2009
Cantrall 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, 2009
Tribune 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, 2009
On 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, 2009
Erwin 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, 2009
Get 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, 2009
I 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, 2009
Here 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, 2009
New 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, 2009
Workplace 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, 2009
Fuentes 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, 2009
Kravar 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, 2009
Mathews 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, 2009
Professor 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, 2009
Arbitration 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, 2009
SCOTUS 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, 2009
Here 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, 2009
Harper 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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