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Adjunct Law Prof Blog Adjunct Law Prof Blog


By Mitchell H. Rubinstein

Post Frequency: 42.5/day

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

Recent Entries: 3355

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ERISA Plan Not Subject To Labor Arbitration

Posted on April 28, 2008
Steelworkers v. Rohm, ___F.3d___(3rd Cir. April 14, 2008) is an important decision. The court holds that a dispute over an ERISA disablity plan is generally not subject to labor arbitration. As the court stated: While we recognize the strong policy...


8th Issues Primer on Disability Discrimination

Posted on April 27, 2008
Buboltz v. Residential Advantages, ___F.3d___ (8th Cir. April 18, 2008) is brought to your attention because it is relatively short and provides a nice primer of ADA and Rehab Act standards. The also discusses contructive discharge and what an adverse...


SueEasy.com

Posted on April 27, 2008
www.sueeasy.com is a web site that connects litigants to attorneys. The way it apparently works is a plaintiff registers his or her complaint. He or she is asked to fill out some basic questions and then waits for attorneys to...


NLRB Member Wilma B. Liebman To Speak at Graduate Center In New York On May 7, 2008

Posted on April 26, 2008
NLRB Member Wilma Liebman is the featured speaker at the Graduate Center For Worker Education, 25 Broadway, 7th floor (lower Manhattan near Bowling Green Subway) on May 7, 2008 between 5:30pm and 8:00 pm. Other speakers include Rutgers Professor James...


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National Law Journal Law School Report

Posted on April 26, 2008
On April 14, 2008, the National Law Journal published a special report entitled NLJ Law Schools Report. The report, based on the research of law professors Bill Henderson (Indiana Univ.) and Andrew Morriss (Univ. of Illinois), ranks the percentage of...


Charter School Can Not Bring 14th Amendment Claim Against State

Posted on April 25, 2008
Greater Heights Academy v. Zelman, ___F.3d___(6th Cir. April 18, 2008), is a critical important decision that Education lawyers and scholars should be aware of. The court held that Charter Schools were political subdivisions and could not assert a 14th Amendment...


Changes To No Child Left Behind Statute In The Works

Posted on April 25, 2008
Education Secretary Offers Changes to ?No Child? Law is a an interesting April 23, 2008 New York TImes article. This article discusses several regulatory changes being considered by Education Secretary Margaret Spelling. The most important changes deal with reporting of...


Estreicher and Bennett on Hall Street Associates

Posted on April 25, 2008
Parties Can't Modify FAA Standards for Judicial Review (registration required) is an interesting April 15, 2008 New York Law Journal article by NYU Law School Professor Sam Estreicher and attorney Steven Bennett. In this article, the authors review the recent...


Special Education and Divorce

Posted on April 25, 2008
Special Education Law Blog ran an interesting April 10, 2008 posting entitled "The Sad Intersection of Divorce and Special Education" where he reports that 85% of special needs children have divorced parents. Unfortunately, Jim does not cite any authority for...


Federal District Court Approves of Action By 2 Member NLRB

Posted on April 24, 2008
Workplace Prof Blog has an important April 23, 2008 posting about an important federal district court decision, Muffley v. Massey Energy , ___F. Supp. 2d ___(S.D. West. Va. April 14, 2008). The court refused to dismiss an application for 10(j)...


Republicans Planning To Block Lilly Ledbetter Fair Pay Act

Posted on April 24, 2008
G.O.P. Set to Block Bill Easing Limits on Pay Discrimination Suits is an interesting April 23, 2008 New York Times article which reports that Republicans are planning to block the Lilly Ledbetter Fair Pay Act which is intented to legislatively...


Member Liebman Publishes Scholarly Article

Posted on April 24, 2008
Wilma B. Liebman, Labor Law Inside Out, 11 WorkingUSA: The Journal of Labor and Society 9 (2008) (available for purchase) is another scholarly article about the aging NLRB published by Member Liebman. The abstract provides: Today, some sixty years after...


Change in Professor's Class Schedule Not An Adverse Employment Action

Posted on April 24, 2008
Recio v. Creighton University, ___F.3d___(8th Cir. April 10, 2008), is an interesting Title VII case. The court holds that a university's alleged action of requiring a Spanish professor to teach on Mondays, Wednesdays, and Fridays, despite her stated preference for...


AdjunctLawProf Blog meets TaxProf

Posted on April 24, 2008
It was good to see TaxProf Paul Caron last week in person instead of over the blogosphere. He was at Boston College as part of their Tax Policy Colloquia. I last saw Paul in person at an AALS tax conference...


A Cheaper Casebook

Posted on April 24, 2008
I recently received an email from our Lexis casebook rep. Lexis is preparing certain casebooks in a looseleaf from (much like what profs have always been able to get) and will be making these available at about a 40% reduction...


On The Other Hand, A New York Court Holds Lawyer Letter Written As A Friend To The Court Is Not Absolutely Privileged

Posted on April 23, 2008
Contrast the below decision with McBridge v. South Brooklyn Legal Services, ___Misc. 3d___(N.Y. Co. April 18, 2008), which held that a lawyer who wrote a letter as a friend to the court was not entitled to an absolute privilege or...


Attorney Has Absolute Immunity From Defamation Cause of Action Based Upon Letter She Wrote

Posted on April 23, 2008
Lewis v. School District No. 70, ___F.3d___ (7th Cir. April 17, 2008), is an interesting and lengthly FMLA case which contains alot of law. A bookkeeper survived summary judgement because she was able to produce several issues of material fact...


Congress May Pass A Law Outlawing Genetic Test Bias Discrimination

Posted on April 23, 2008
An April 23, 2008 New York Times article entitled "Congress Near Deal on Genetic Test Bias Bill" indicates that Congress may pass a Bill outlawing genetic test result bias which would apply in employment matters. President Bush has indicated that...


Employees Who Wrote Critical Letter Engaged In Protected Activity And There Termination Was A ULP

Posted on April 23, 2008
Five Star v. NLRB, ___F.3d___(1st Cir. March 31,2008)is an important decision which presents an excellent primer about what constitutes protected concerted activity under Section 7. Unionized employees of a private bus company under contract to a school district wrote critical...


D.C. Circuit Affirms Red Arrow Standard To Determine Voter Eligibility

Posted on April 22, 2008
Abbott v. NLRB, ___F.3d___ (D.C. Cir. April 18, 2008) is an important decision concerning an appeal from the NLRB. This decision reaffirms Red Arrow, 278 NLRB 965 (1986). Under this standard, an employee who is a member of a unit...


Cornell's Prof Martin Law Review Article On Access To Court Records and Internet Privacy

Posted on April 22, 2008
Cornell Law Emeritus Peter Martin, who is also one of the co-founders of the Legal Information Institute or LII at Cornell, just wrote an interesting article about access to court records, PACER and internet privacy. It is called Peter W....


Detroit Tiger Baseball Players Tort Claims Barred By Workers Compensation Statute

Posted on April 22, 2008
Brocail v. Detroit Tigers, Inc. (Tex. App. Hous., 14th Dist. 2008)(registration required) demonstrates the exclusivity of Workers Compensation. A professional baseball players negligence and intentional tort claims against the Tigers. This was because the alleged injury occurred within the scope...


Yale Student Reportedly Submits Fraudulent Transcript And Gets In With A $32,000 Scholarship

Posted on April 22, 2008
Yale Student Is Accused of Lying on Application is a frightening April 10, 2008 New York Times article about a student, presumably a college student, dismissed from Yale because he submitted trancripts from Columbia fraudently indicating he obtained straight A's...


Adjunct Prof Blog Hits A Milestone By Surpassing 50,000 Visitors!!

Posted on April 22, 2008
I am delighted to report that Adjunct Law Prof Blog just had its 50,000 visitor! We have been up and running since May 14, 2007 which is less than one year. Please continue to send me your ideas and pass...


Arbitration Award Upheld Notwithstanding Claim Of Industrial Double Jeopardy

Posted on April 21, 2008
Zayas v. Bacardi Corp., ___F.3d___(1st Cir. April 18, 2008), is a very interesting decision. A terminated employee sought to vacate an arbitration decision sustaining his discharge on the basis of "industrial double jeopardy." What was the double jeopardy? The employee...


Can A Lawyer Receive A School District Pension Without Actually Working For The School District??

Posted on April 21, 2008
Newspapers are reporting that the State Comptroller has determined that a number of attorneys in "private practice" were improperly given credit for membership in the New York State Employees? Retirement System [NYSERS] in connection with services that were provided by...


The Case For Combining Law School and B School Programs

Posted on April 21, 2008
Find Law reporter Julie HIlden wrote an interesting April 14, 2008 article entitled "The Case for Combining Law School with Business School: Five Key Reasons to Think Very Seriously About the Option" Ms. Hilden feels so strongly about combining programs...


Fact That Employee Obtains Job With Another Employer Does Not Mean That She Does Not Have A Serious Health Condition

Posted on April 21, 2008
Lonicki v. Sutter Health Central, ___Cal. Rptr. ___(Calif. Supreme Court April 7, 2008), is a major decision intrepreting California's state law version of the FMLA. It is a criticallly important decision as federal courts may look to this decision for...


N.J. May Become The Third State To Mandate PAID FMLA Type Leave

Posted on April 20, 2008
N.J. Weighs Paid Work Leave Bill is a very interesting April 7, 2008 A.P. article. The FMLA requires that unpaid leave be provided for up to 12 weeks. This Bill would require that certain eligible leave be paid. It would...


Blogger Burn Out

Posted on April 20, 2008
In Web World of 24/7 Stress, Writers Blog Till They Drop is an interesting April 6, 2008 New York TImes article by MATT RICHTEL which literally discusses the fact that some bloggers simply blog too much. They are under tremendous...


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