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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.
Union Apprenticeship Program Is FMLA Employer
Posted on December 31, 2008Frees v UA Local 32 Plumbers & Steamfitters, ___F.Supp.2d___(D. WA November 21, 2008). is an important FMLA decision to be aware of. The court held held that an apprenticeship program was, in fact, the joint employer of a plumbing apprentice...
"Stop the Greed on Wall Street Act" introduced in the Senate
Posted on December 31, 2008Senator Bernard Sanders (I-Vt) introduced legislation (S. 3693) on November 19 that would limit the amount of compensation for employees of financial institutions receiving funds from under the $700 billion bailout. This Bill is called the Stop the Greed on...
Can Students Be Disciplined For Off Campus Conduct??
Posted on December 30, 2008Legal Blog Watch ran a very interesting story entitled Can Students Be Disciplined For Off Campus Conduct? This article cites to two other blogs and briefly discusses a few cases. There is actually a growing body of law on this...
Battle Deepens Over Employee Free Choice Act
Posted on December 30, 2008Battle Deepens Over Union Organizing is an interesting December 9, 2008 Washington Post article about the Employee Free Choice Act. The point of the article is that this is going to be one of the early political battles in the...
Public Employee Can Be Demoted Based Upon His Political Affiliation
Posted on December 30, 2008Poindexter v. The Board of County Commissioners, ____F.3d____(10th Cir. Nov. 26, 2008), demonstrates that cases involves public employees who are terminated or demoted for political reasons are always difficult to decide. Here, a foreman's demotion and replacement with a supporter...
Section 301 Does Not Preempt Wage Claim Under State Law Concerning Employee Break Time
Posted on December 30, 2008As most labor lawyers know, state law is often a significant source of employee rights. One such area involves wage claims involving employee break time. However, if employees are represented by a union, issues of preemption may arise. However as...
No Right To Union Representation During Criminal Investigatory Interview
Posted on December 29, 2008Union presence during an interrogation of a unit member by the appointing authority Seabrook v City of New York, 2008 NY Slip Op 09471, Decided on December 4, 2008, Appellate Division, First Department Norman Seabrook, individually and as President of...
Employment Arbitration Award of $366,037 Upheld
Posted on December 29, 2008Qorvis v. Communications, ___F.3d___(4th Cir. Dec. 3, 2008), demonstrates that employment arbitration awards can be quite large. Judgment on arbitration award for defendant-former executive employee's breach employment agreement in the amount of $366,037...
Who Will Be The Next Supreme Court Justice??
Posted on December 29, 2008Making a Supreme Court short list is an interesting November 18, 2008 article from the National Law Journal. The article points out that whoever Obama appoints (if he gets that opportunity) will not face tough opposition given the Democratic control....
Law Firm Solicitation of Witnesses
Posted on December 29, 2008In employment discrimination cases high power employer law firms often offer to represent witnesses. There unspoken goal is to indirectly influence their testimony and limit discovery. Solicitation or Shrewd Tactics? Ethics of Speaking for Ex-Workers is an important December 8,...
Justice Stevens To Swear V.P. Biden In
Posted on December 28, 2008I do not know why, but I am always interested to see who swears in the incoming President and Vic-President. The National Law Journal is reporting that Justice Stevens, a Republican and the most senior member of the Court, is...
Obama Adminstration Inheriting Fight Over No-Match Rule
Posted on December 28, 2008Adjunct Prof Blog previously covered the government's so called "no match rule" which would require that employees be discharged if their social security numbers did not match Social Security Administration records. The implementation of that rule has been stayed and...
Lawyer of The Year
Posted on December 27, 2008People Magazine does it. Barbara Walters does it. And the National Law Journal does it. Does what? Name the most interesting, important person of the year. The National Law Journal named U.S. Department of Justice Inspector General Glenn A. Fine...
Silent Age Discrimination
Posted on December 27, 2008At What Age Does Age Discrimination Begin? is an interesting December 16, 2008 article from U.S. News. It reports on a survey which showed that only 1% of executives stated that age is never a factor in hiring decisions. Additionally,...
Free Phone Call From Any Computer To Any Phone In U.S.
Posted on December 26, 2008Check out http://callingamerica.com It is an advertising supported service that allows you to make free phone calls from any computer in the world to any phone in the U.S. Your limited to a 2 minute phone conversation without registration. With...
Lawyers Angling For Administration Jobs
Posted on December 26, 2008Lawyers Angling For Administration Jobs is a very interesting Legal Times article from Nov. 17, 2008. It discusses how some lawyers trying to get a job in the administration. As the article states: Arnold & Porter partner Christopher Rhee has...
Obama Report Out. It Concludes That There Were No Improper Contacts With Governor
Posted on December 24, 2008No Improper Proper Contact With Governor is an important, Says Obama Report is an important December 23, 2008 New York Times article about the scandal in Illinois. A full copy of the December 23, 2008 report to the President-Elect is...
White adults who see discrimination often overweight
Posted on December 24, 2008White Adults Who See Discrimination Often Overweight is an interesting Oct. 24, 2008 article from Reuters. As the article states: Certain white adults who say they've been discriminated against in their daily lives are more likely to be obese than...
Happy Holidays To You and Yours From Adjunct Prof Blog
Posted on December 24, 2008Adjunct Prof Blog would like to take this opportunity to wish you and yours happy holidays! Thank you for your support. Mitchell H. Rubinstein
6th Issues Major Decision Holding CBA Promise of Retiree Lifetime Benefits Is Enforcable And Binding Many Years After Employees Retire
Posted on December 22, 2008Cole v. ArvinMeritor, Inc., ___F.3d___(6th Cir. Dec. 16, 2008), is a major employee benefits/labor law case concerning lifetime health insurance benefits for retirees. For years, a CBA essentially promised lifetime health benefits. Over the years, the employer made some minor...
Labor Secy Solis
Posted on December 22, 2008Congressperson Hilda Solis is apparently Obama's choice for Secretary of Labor. A December 19, 2008 Washington Post story about her appointment is available here. As the article states: Barack Obama has selected Los Angeles congresswoman Hilda Solis to run his...
Pending Employment Law Statutes
Posted on December 22, 2008The Connecticut Employment Law Blog links to several interesting articles. One about recently enacted legislation and the other about pending legislation. The article on proposed federal employment and labor legislation is particularly interesting. It basically summarizes the proposed statutes and...
Comparators In Employment Discrimination Case Must Be Similar
Posted on December 22, 2008Billue v. Praxair, ___F.3d___(2d Cir. Nov. 20, 2008) reminds us that in employment discrimination if you are going to make a claim of disparate treatment the comparators you use should be similar. As the 2d Circuit explained: We agree with...
Do Students Have A Right To A Summer Vacation??
Posted on December 21, 2008Is Summer Vacation The Law? is a very interesting News Observer Blog entry about a pending South Carolina Supreme Court case which will decide whether school officials can mandate that students attend school during the summer. Apparently, a school district...
Discrimination Against Parents With Special Needs Children
Posted on December 21, 2008The Boston Globe ran a very interesting and important article entitled A Parental Juggling Job on December 14, 2008. It is about how difficult it is for parents to work full time and take care of special needs children at...
Recent NLRB Decisions
Posted on December 21, 2008NLRB: Rare "Gissel" Order, MOU Not A Bar To Decertification Petition is an interesting December 5, 2008 New York Law Journal article that discusses several recent NLRB decisions. In describing one such important case, the article states: In American Directional...
School District Dismissal of Arab-American Not Discriminatory
Posted on December 21, 2008Hasson v. Glendale School, ___F.3d___ (3d Cir. Oct. 10, 2008), is a well written opinion that reviews several basic principles of employment discrimination law. The court held that a school's proffered explanations for terminating an Arab-American Muslim superintendent were not...
Police chief captain wins judgment in officers' suit over video camera installed in locker room.
Posted on December 20, 2008DeVittorio v. Hall, ____F.Supp. 2d___(SDNY Nov. 18, 2008 ) Download 121645-1.wpd is a very interesting case. Police Officer plaintiffs alleged that the police chief and a captain installed a video camera in the police locker room and allegedly used the...
Review of the Amendments To The ADA
Posted on December 20, 2008The Americans With Disabilities Amendment Act: A 'National Mandate' Download 121633-1.wpd is an interesting December 3, 2008 New York Law Journal article. This article describes the ADA as a "failed law" and outlines the recent statutory changes. As the article...
Collateral Estoppel
Posted on December 20, 2008Collateral Estoppel and Unreviewed Appellate Arguments is an interesting Nov. 5, 2008 New York Law Journal article. Download 121641-1.wpd The article reviews several New York cases and describes collateral estoppel as follows: The doctrine of collateral estoppel, or issue preclusion,...
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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....

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....








