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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

Study Shows State Courts Vacating Many Arbitration Awards for Employees, but Not for Employers

Posted on May 05, 2008
Study Shows State Courts Vacating Many Arbitration Awards for Employees, but Not for Employers is a very interesting April 21, 2008 National Law Journal article. The article basically summarizes empirical research by Univ. of Illinois Law Professor Michael LeRoy to...

More On Sprint v. Mendelsohn "Me Too" Case Law Review Colloquy

Posted on May 05, 2008
As many of you may know, I have been engaged in a Colloquy with Professors Paul Secunda (Marquette) and David Gregory (St John's) about the significance or lack thereof of the Supreme Court's recent decision in Sprint/ United v. Mendelsohn,...

Former NLRB Chairperson Robert J. Battista Joins Littler Mendelson

Posted on May 05, 2008
Robert J. Battista, the former Chairperson of the NLRB, recently joined the management firm of Littler Mendelson. Details here. This should come as no surprise as Mr. Battista has issued a number of decisions widely regarded as anti-labor. Professor Jeff...

Blogs As A Teaching Tool

Posted on May 04, 2008
I just came across McBlogmick a blog run by Cumberland Law School Professor Marcia McCormick. Professor McCormick is also a Contributing Editor on Workplace Prof Blog. Professor McCormick appears to use her blog to post a series of lesson podcasts,...

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Courts Reluctant to Stop Divorcing Bloggers From Airing Complaints

Posted on May 04, 2008
Courts Reluctant to Stop Divorcing Bloggers From Airing Complaints is an interesting April 18, 2008 ABA Blog Journal posting. As the article states, some divorcing couples are blogging and often times the other spouse trys to stop it. However, there....

Right To Independent Educational Evaluation Under The IDEA

Posted on May 03, 2008
Special Education Law Blog has an interesting April 15, 2008 posting entitled Procedural Safeguards Part IV which outline the rights of parents to receive one independent educational evaluation at the Districts expense. The IDEA is bascially a procedural statute so...

IDEA Fairness Restoration Act Call Congress on May 6, 2008

Posted on May 03, 2008
Special Education Law Blog reminds us to call Congress on May 6, 2008 to voice support for the IDEA Fairness Restoration Act. This Bill would legislatively overrule the Supreme Court's decision in Arlington Central School District v. Murphy (2006) which...

Free Legal Research Links and Blogroll Updated

Posted on May 03, 2008
As many of you know, I maintain on the left side of the blog several links to free legal research cites over the internet. I also maintain a blogroll of recommended blogs. I just updated this information. Please check it...

Michigan Federal Court Issues Important Reverse Affirmative Action Decison Upholding State Constitutional Amendment Banning Affirmative Action

Posted on May 02, 2008
Coalition to Defend Affirmative Action v. Regents of Univ. of Michigan, ___F.Supp. 2d ___(E.D. Mich. 2008), is an important affirmative action decision. In a sense it is a reverse affirmative action case. The court holds that a state constitutional amendment...

Court Upholds Service of Process By E-Mail

Posted on May 02, 2008
Synder v. Alternative Energy Inc., ___Misc. 3d___, NYLJ May 1, 2008, (N.Y. Co. May 1, 2008)(registration required) is an important case for civil procedure. A New York lower court upheld the service of process via email after it made a...

More On Professors Suing Students

Posted on May 02, 2008
As reported on Adjunct Law Prof Blog here on April 30, 2008, a University of Arkansas,Little Rock William H. Bowen School of Law professor is actually suing some of his students for defamation. The May 1, 2008, New York Times...

House Passes Genetic Discrimination Bill Which President Bush Is Expected To Sign Into Law

Posted on May 02, 2008
The May 1, 2008 New York Times in an article entitled House Backs Gene-Discrimination Ban is reporting that the House passed by a vote of 414 to 1 a ban on genetic discrimination. The Senate previously passed this Bill which...

Flordia School Dist. Required To Pay $720,000 For Failing To Provide FAPE

Posted on May 02, 2008
Polk Schools Must Pay Family $720,000 is an important May 1, 2008 news article from "The Ledger" which demonstrates the importance of the IDEA and the fact that big money can be involved. An ALJ reported 720,000 in reimbursement for...

2d Issues Important FLSA Decision Defining Work

Posted on May 01, 2008
Singh v. City of New York, ___F.3d ___(2d Cir. April 29, 2008), is an important FLSA decision because the court deals with modern day commute to and from work for many city goers like me. The issue in this case...

Blogs As Law School Pedalogical Teaching Tools

Posted on May 01, 2008
The Chronicle of Higher Education has an interesting April 29, 2008 entitled A Class Blog Studies Fair Use which is about a blog run by Case Western Law School Professor Peter Friedman. The Blog is entitled What is Fair Use...

DNA Tests Lead To Release Of Man Imprisoned For 27 Years For Murder

Posted on May 01, 2008
Texas man freed by DNA testing after 27 years in prison is an important April 29, 2008 A.P. News story. It discusses the release a man who spent 27 years in prison for a murder he did not commit. The...

Allergic Mother Loses Attempt to Prohibit Kids' Contact With Cat

Posted on May 01, 2008
Allergic Mother Loses Attempt to Prohibit Kids' Contact With Cat (registration required)is an interesting April 29, 2008 New York Law Journal article about a divorced mother who wanted to prevent her children from having contact with her X husband's Cat...

Happy May Day!!

Posted on May 01, 2008
May 1st is celebrated as May Day. It is associated with many public holidays around the world, most notably International Workers' Day, or Labour Day, which celebrates the social and economic achievements of the labor movement. Additional details are available...

Judge Estlinbaum Joins Adjunct Law Professor Blog As Contributing Editor

Posted on April 30, 2008
I am delighted to announce that Judge Craig Estlinbaum of the 130th Judicial Court of Texas has joined Adjunct Law Prof Blog as a Contributing Editor. Judge Estlinbaum is also an Adjunct Professor of Law at South Texas College of...

11th Reluctantly Enforces 5 Year Old NLRB Bargaining Order

Posted on April 30, 2008
NLRB v. Goya Foods of Florida, __F.3d___(11th Cir. April 24, 2008), is a lengthly case dealing with enforcement of NLRB bargaining orders. Ultimately, the court enforced the bargain because 1. ample evidence supported the Board's findings; 2. the Board considered...

Conference On Addressing Student Behavior in New York City Schools: Discipline, Safety, and Student Rights

Posted on April 30, 2008
On May 15, 2008 between 6:00 p.m. and 8:00 p.m., the Association of the Bar of the City of New York will be holding a conference entitled Addressing Student Behavior in New York City Schools: Discipline, Safety, and Student Rights...

Judges Strike In New York??

Posted on April 30, 2008
As most New York lawyers know, state Judges have not gotten a pay raise in quite some time. The situation has gotten so bad that New York Court of Appeals Chief Judge Judith Kaye has brought suit. A number of...

Law Professor Sues Students!!

Posted on April 30, 2008
What is this world coming to? The April 27, 2008 Arkansas Online has a lengthly article entitled Experts watch as professor sues students. It is about Richard Peltz, a professor at the University of Arkansas at Little Rock?s William H....

1st Holds Court Review Of Labor Arbitration Is Among Narrowest Known In The Law

Posted on April 29, 2008
Ramos-Santiago v. UPS, ___F.3d___(1st Cir. April 24, 2008) provides an excellent primer about just how difficult it is to vacate a labor arbitration decision. In fact, the court stated that a court's review of an arbitrator's decision is "among the...

Law School Graduation Speakers

Posted on April 29, 2008
Dean Paul Caron, Editor in Chief of the Law Professor Blog Network and Editor of the TaxProf Blog has complied a list of law school graduation speakers. The list is impressive and includes several Supreme Court Justices and Members of...

BlackBerry's and Overtime

Posted on April 29, 2008
BlackBerry Clicks Can Up Company Costs is an important April 28, 2008 National Law Journal article. It is about possible wage and hour over-time claims for the use of Blackberry devices. As the article states: If you're handing out BlackBerrys...

The Continuing Problem of Pregnancy Discrimination

Posted on April 29, 2008
Hofstra Law School Professor Joanna Grossman and Find Law Reporter wrote an interesting April 15, 2008 story entitled A Marked Increase in Pregnancy Discrimination Claims and Other Key Developments Illustrate the Continuing Struggle of Pregnant Workers - Including Pregnant Attorneys:...

Prof. Secunda Posts On SSRN A Response To My Article About Sprint/United v. Mendelsohn, The Celebrated "Me Too" Decision

Posted on April 28, 2008
On April 26, 2008, Professor Paul M. Secunda posted a marvelous essay in response to my Essay About the Sprint case entitled The Many Mendelsohn "Me Too" Missteops: An Alliterative Response To Professor Rubinstein, 102 Nw. U. L. Rev. Colloquy...

7th Rules In Favor Of Student Who Wanted To Wear A "Be Happy, Not Gay" T-Shirt

Posted on April 28, 2008
There seems to be more and more free speech claims brought by students against school districts. Nuxoll v. Indian Prairie School Dist., __F.3d___(7th Cir. April 23, 2008) is one such case. The 7th Circuit held that a high school student...

Senate Passes Genetic NonDiscrimination Act

Posted on April 28, 2008
The April 25, 2008 U.S. News has an excellent article entitled New 'GINA' Law Would Stop Genetic Discrimination which summarizes the Genetic NonDiscrimination Act which was just passed by the U.S. Senate. Remarkably, this Bill has been around for 13....

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