Adjunct Law Prof Blog: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

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

New York Court Of Appeals Chief Judge Kaye Is Retiring

Posted on June 22, 2008
The June 19, 2008, New York Sun reported that long time N.Y.S. Court of Appeals Chief Judge Judith Kaye is retiring after 15 years of service. That article is available here. The Governor will appoint the Chief Judge from a...

Univ. of Penn. New Scholarly Online Journal Journal

Posted on June 21, 2008
Criminal Conversations is a new type of scholarly journal which limits submissions to full time law professors where profs submit a law review article, a section of book. If four professors agree to submit an on line commentary, the author...

In Responding To Summary Judgement Motion Specific Facts Must Be Alleged

Posted on June 21, 2008
ARROYO-AUDIFRED v. VERIZON WIRELESS, INC, ___F.3d___ (1st Cir. June 4, 2008), is an important summary judgement procedural case. Ultimately, the court granted the employer summary judgement on the plaintiffs claims of age discrimination. Significantly, the First also commented on how...

Supremes Hold Calif. Statute Which Prohibits The Use Of State Funds To Promote Or Deter Union Organizing is Preempted

Posted on June 20, 2008
Preemption is one of the most difficult areas of labor law. Chamber of Commerce v. Brown, 554 U.S. __( June 19, 2008) is the latest in a line of divided Supreme Court cases. By a vote of 7-2 the Court...

To access this complete feed in the blog feed reader login or register for free.

Labor Day At The Supreme Court; Employment Law Becomes A Hot Topic

Posted on June 20, 2008
Yesterday the Court decided four important labor and employment law cases as follows: 1. Chamber of Commerce v. Brown, (June 19, 2008)(7-2)(california statute which prohibits use of state funds to assist, promote or deter union organizing is preempted) 2...

New York Assembly Passes Transgender Non-Discrimination Bill

Posted on June 20, 2008
The New York Assembly voted 102-33 to pass a transgender non-discrimination bill. The proposed law is known as the "Gender Expression Non-Discrimination Act", or GENDA, bans discrimination against transgender people in housing, employment, credit, public accommodations, and other areas of...

9th Issues Major Decision Finding Privacy Right In Employee E-Mail

Posted on June 20, 2008
Stop Your Snooping! Court Limits Employers? Ability to Search Email is an important June 19, 2008 Wall Street Law Journal Blog story about Quon v. Arch Wireless, ___F.3d___(9th Cir. June 18, 2008). The court held that the 4th Amendment protected...

S.D.N.Y. Stays Breach of Contract Action To Enable NLRB To Resolve Jurisdictional Dispute Under 10(k)

Posted on June 19, 2008
Building Trades Employers' Assn. v. Marchell, 08 Civ. 4564, __F.Supp. 2d__ (S.D.N.Y. June 13, 2008), Download building_trades_employers.doc is an important 10(k) case which we do not see very often. Under 10(k) of the Act, the Board has jurisdiction to resolve...

Supremes Considering Corporal Punishment Case

Posted on June 19, 2008
The School Law Blog ran an interesting June 18, 2008 story entitled The Supreme Court and Corporal Punishment. It is about Serafin v. School of Excellence in Education, ___F.3d___ (11th Cir. 2007), pending cert. application. The court below upheld the...

Outer Space Law

Posted on June 19, 2008
There is a legal discipline involving Outer Space Law. The University of Mississippi School of Law is offering one of the few such programs as a June 4, 2008 article from the Daily Mississippian entitled UM space law only of...

Full Time Adjuncts

Posted on June 19, 2008
On June 17, 2008 Inside Higher Education ran an interesting story entitled Waiting 20 Years for the Tenure Track. It is not about law school adjuncts, but about college adjuncts. The article discusses how difficult it is to get a...

Court Invalidates ADEA Release Due To Failure To Comply With OWBPA

Posted on June 18, 2008
Peterson v. Seagate, ___F. Supp. 2d ___, 2008 U.S. Dist. Lexis 42179 (D. Minn. May 28, 2008), is an important employment discrimination case to be aware of. This was actually a class action claiming age discrimination. The plaintiffs sought a...

Teacher Looses First Amendment Claim, But Court Accepts That There Would Be A Cause Of Action If She Was Terminated Because Of Her Association With Her Husband

Posted on June 18, 2008
Wingate v. Gage County School Dist., __F.3d___(8th Cir. June 16, 2008), provides a nice primer on basic First Amendment and Freedom of Association law. The teacher lost her First Amendment claim because her complaints about not being paid as a...

California Legislature Passes Paid Sick Leave Bill

Posted on June 18, 2008
The Healthy Families, Healthy Workplace Act, A.B 2716 (available here) was passed by the California Legislature on May 28, 2008. This Bill would allow employees to earn seven or more paid sick days in a calendar that can be used...

NLRB Issues Important Operations Memorandum On Duty To Mitigate Damages

Posted on June 18, 2008
Grosvenor Orlando Associate, 350 NLRB No. 86 (Sept. 11, 2007), is one of those September 2007 Board decisions viewed by many as anti-labor. In this decision, the Board, divided along party lines, held that that a "reasonably diligent discriminatees should...

5th Rejects Association Claim Under FMLA

Posted on June 17, 2008
Eisensohn v. St. Tammany Parish Sheriff's Office, ___F.3d___( 5th Cir. June 6, 2008) is an important case. The court read the anti-retaliation portions of the FMLA literally and refused to expand the FMLA to provide coverage based upon one's family...

Bloggers Beware; Associated Press About To Set Fair Use Guidelines

Posted on June 17, 2008
The Associated Press to Set Guidelines for Using Its Articles in Blogs is an important June 16, 2008 N. Y. Times article by Susan Hansell that all bloggers should read. The N.Y. Times reports that the Associated Press sent letters...

Resume Fraud Discovered After The Fact Does Not Bar N.J. State Law Discrimination Case

Posted on June 17, 2008
The N.J. Supreme Court issued an important employment law case, Cicchetti v Morris County Sheriff's Office, ___N.J.___(May 28, 2008). In a 50 page slip opinion involving a matter of first impression, the Court held that "after-acquired evidence of resume fraud"...

8th Reinstates Dismissed Pro Se Case For Failing To Comply With Discovery

Posted on June 17, 2008
Smith v. Gold Dust Casino, ___F.3d___ (8th Cir. 2008), demonstrates just how difficult it is to get a case dismissed against a pro se litigant on a procedural ground. A pro se litigant was given several adjournments due to poor...

Supremes Cite To Unpublished SSRN Paper

Posted on June 16, 2008
In the recent Boumediene case, the Supreme Court cited to an unpublished SSRN piece, Slip opinion at page 10. According to Concurring Opinions, this is the second time a SSRN piece has be cited by the Court. This is big...

Two New Laws Schools Are Provisionally Accredited

Posted on June 16, 2008
Two N.C. law schools receive provisional approval from the ABA is an interesting June 10, 2008 National Law Journal article. The article reports that Elon University School of Law and Charlotte School of Law were both just provisionally accredited by...

8th Holds Evidence of Prior Discrimination Lawsuit Against Prior Employer Not Admissible

Posted on June 16, 2008
Batiste-Davis v. Lincare,___F.3d___ (8th Cir. May 19, 2008), is an important employment discrimination case. The court addresses the difficult evidentary question whether an employee's prior discrimination lawsuit against a prior employer is admissible in an employment discrimination case...

Inadvertently Disclosed Privileged Information

Posted on June 16, 2008
What to Do With Privileged Information in E-Mails is an important May 30, 2008 New York Law Journal article which is about inadvertently disclosed privileged information, often by e-mail. The article provides a number of cites and focuses on New...

HAPPY FATHERS DAY!!

Posted on June 15, 2008
HAPPY FATHERS DAY!! Fathers day is one of my favorite holidays since becoming a Dad to two wonderful girls. However, I do have mixed feelings since loosing my own father. So for you Dad's out there, take this time to...

Judges Can Be Sued For Employment Discrimination

Posted on June 14, 2008
The June 10, 2008 St. Petersburg Times ran an interesting story entitled Hillsborough judge faces bias claim from secretary which reports on a lawsuit filed by a secretary against a sitting Florida state judge. The article describes the EEOC charge...

U.S. Lawyer Arrested For Blog Post

Posted on June 14, 2008
Legal Blog Watch posted an interesting June 2, 2008 story entitled U.S. Lawyer Arrested Over Blog Post. It is not as bizzare as the title implies. A U.S. lawyer was arrested in Singapore for offensive comments made on a blog...

Supremes Hold Paralegal Fees Are Part of Attorneys Fees

Posted on June 13, 2008
In Richlin Security Service v. Chertoff, ___U.S.___(June 2, 2008), the Supreme Court held that after prevailing in a lawsuit against the federal government, a plaintiff may be reimbursed for paralegal services in the amount billed, not just at cost under...

FMLA Amended To Apply To Military Families

Posted on June 13, 2008
FMLA Expanded to Accommodate Military Families is an interesting June 2, 2008 New York Law Journal article. It discusses the National Defense Authorization Act of Fiscal Year 2008 (NDAA). This statute expands coverage of the Family and Medical Leave Act...

ADA Does Not Protect Temporary Disabilities

Posted on June 13, 2008
Sanchez v. Banco Popular, ___F.3d___ (1st Cir. May 27, 2008), once again demonstrates just how narrow the protections of the ADA. Like many ADA cases, plaintiff lost because she was unable to establish that she had a disability under the...

Employees May Be Personally Liable For Employment Discrimination Under New York Law

Posted on June 13, 2008
I just became aware of George v. NYC Transit Authority, 496 F. Supp. 2d 231 (E.D.N.Y. 2007) which demonstrates the importance of state law in employment discrimination cases. The court held that an individual employee could be liable for hostile...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...