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

Casualties of War

Posted on August 01, 2008
Casualties of War is an interesting July 1, 2008 article from the American Lawyer (registration required). It is about some of the difficulties our wounded veterans returning from Iraq face. The article discusses how a number of major law firms...

Article on Labor Relations Privilege Makes SSRN List of Top 10 Downloads

Posted on August 01, 2008
I am pleased to announce that my article "Is a Full Labor Relations Evidentiary Privilege Developing?" 29 Berkeley Journal of Labor and Employment Law 231 (2008) was just listed on SSRN's Top Ten download list for EL: Employment Statutes (Topic)....

Running Debate With Attorney Gerry Spence About His Posting "Defrauding Our Nation's Lawyers

Posted on August 01, 2008
I seem to be running a debate with famed attorney Gerry Spence about his article "Defrauding our Nation's Lawyers." If you follow the link, you can see, Gerry's orginal posting, my response as well as responses from others. My latest...

11th Upholds Statute Which Exempts Students From Having To Recite Pledge of Allegiance If Parents Consent

Posted on July 31, 2008
Frazier v. Winn, ___F.3d___(11th Cir. July 23, 2008), is an important decision concerning the Pledge of Allegiance. A Flordia statute exempted students from having to recite the pledge with parental permission. The 11th held that this requirement did not violate...

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

Conduct of Union Organizing Committee Not Attributed To Union

Posted on July 31, 2008
Foxwoods Resort Casino, 352 NLRB No. 92 (June 30, 2008), demonstrates an important principle of labor law. Not all conduct of employees can be attributed to their union. It is only where the employees act as agents for the union,...

Employer Statement That It Would Not Grant Wage Increase While Negotiating A CBA Is An Unfair Labor Practice

Posted on July 31, 2008
Wal-Mart Stores, 352 NLRB No. 103 (June 30, 2008), is an important NLRB decision to be aware of. Usually, an employer threatens to withhold some type of wage increase if a union is elected. Here, the employer was not as...

8th Provides Short Primer On Racial Harassment

Posted on July 31, 2008
O'Brien v. Dept. of Agric., ___F.3d___(8th Cir. July 16, 2008), provides a nice primer on the law of racial harassment under Title VII, which is very similar to sexual harassment. In a suit brought under Title VII claiming hostile work...

Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals

Posted on July 31, 2008
Employee entitled to go for a cancer-screening examination without loss of pay or charge to leave accruals Moran v City of Saratoga Springs, et al, Supreme Court, Saratoga County, Index # 2008-0400, Judge Thomas D. Nolan, Jr. In Cruz et...

Former Prof Looses Claim That NYU Must Give His Son Admission "Courtesies"

Posted on July 30, 2008
Flomenbaum v. NYU, ___Misc. 3d___ (N.Y. Co. June 23, 2008)Download Flomenbaum.doc , is an interesting case. A doctor at NYU School of Medicine had an employment dispute concerning his tenure. It was eventually resolved by an agreement giving the doctor...

Famed Attorney Gerry Spence Launches Blog

Posted on July 30, 2008
Famed attorney Gerry Spence has his own blog, called Gerry Spence's Blog, what else? He wrote a July 28, 2008 article entitled Defrauding our nation?s lawyers which accuses our nations law schools of fraud. Why? Because law schools do not...

Professor Obama

Posted on July 30, 2008
The July 30, 2008 New York Times published an interesting story about Obama time as a law school professor at Univ of Chicago Law School entitled As a Professor, Obama Enthralled Students and Puzzled Faculty. The article states that Obama...

2d Denies Enforcement To NLRB Order Which Allowed Literature Distribution At Shopping Mall

Posted on July 30, 2008
Salmon Run Shopping Center v. NLRB, ___F.3d___ (2d Cir. July 18, 2008) denied enforcement to an NLRB order which required a shopping mall operator to allow a union to distribute literature on mall premises. The court held that the mall...

Clandestine Surveillance Of Employee Defeats FMLA Claim

Posted on July 29, 2008
Vail v. Raybestos Products, ___F.3d___ (7th Cir. July 27, 2008), is an important FMLA decision. An employer's off-duty police officer clandestine surveillance provided the employer with an honest suspicion that an employee was not using her medical laeve for the...

4th Denies Enforcement To NLRB Decision and Holds Employer Lawfully Withdrew Recognition

Posted on July 29, 2008
NLRB v. B. A. Mullican Lumber and Mfg. Co., No. 07-2028, 07-2063, ___F.3d___ (4th Cir. July 25, 2008), is an interesting circuit court opinion which reversed the decision of the NLRB Specifically, the NLRB's application for enforcement of a decision....

Waivers Limiting Workers' Time to Sue Draws Fire

Posted on July 29, 2008
Waivers Limiting Workers' Time to Sue Draws Fire is an interesting July 21, 2008 National Law Journal article. It's about a growing number of employers who require new employees to sign agreements shorting the statute of limitations to bring claims...

The Important Role of Notary Publics

Posted on July 29, 2008
'Can You Notarize This?' Taking the Notary Job Seriously is an important July 18, 2008 New York Law Journal article about the role and importance of notary publics. Though the authors recognize that the notarial function is often overlooked and...

NLRB General Counsel Memo on Political Advocacy

Posted on July 28, 2008
On July 22, 2008, the General Counsel issued a memo on ?ULPs Involving Political Advocacy,? Memorandum GC 08-10, available here. This memo was apparently triggered by the GC's consideration of charges protesting the discipline of employees who participated in nationwide...

More men filing workplace lawsuits

Posted on July 28, 2008
More men filing workplace lawsuits is an interesting July 28, 2008 National Law Journal article (registration required). As the article states: The macho man image is dying in the workplace. Employment and family law attorneys say a growing number of...

ADR and Mandatory Arbitration in Workplace

Posted on July 28, 2008
Michael Weber, Rise of ADR for Workplace Disputes, NYLJ June 17, 2008 is worth of read. The article first briefly reviews the state of the law concerning mandatory arbitration of workplace dispute. However, most of the article is devoted to...

NYAppellate Division Attempts To Quantify How To Determine Emotional Distress Damages

Posted on July 28, 2008
New York State v. NYS Division of Human Rights, ___A.D.3d___(3rd Dep't. July 10, 2008), is an important case. In this employment discrimination case, the court reduces an $850,000 emotional distress award down to $200,000, reasoning: We cannot agree, however, that...

DOL Crackdown on Foreign Workers

Posted on July 27, 2008
Crackdown continues on sponsoring foreign workers is an interesting July 15, 2008 National Law Journal article about the U.S. Department of Labor's crackdown on the employment of foreign workers by corporations. Additionally, the article reports that all permanent labor certifications...

Do Employer's Need A Blogging Policy??

Posted on July 27, 2008
I usually do not post law firm newsletter or client information reports because most of the time I find them to simply be a form of advertising. However, I found one such report by Littler Mendelson to be particularly worth...

Law Professor Blog Ratings

Posted on July 26, 2008
Law Professor Blog Emperor, better known as Paul Caron, over at Tax Prof Blog posted a list of the top 35 law school professor blogs. Adjunct Prof Blog is not there yet, but we are gunning for inclusion on that...

Interesting Tax Article By Adjunct Law Professor Dave Rifkin

Posted on July 26, 2008
Georgetown Law School Adjunct Professor of Law Dave Rifkin who is an Attorney-Advisor to Tax Court Judge Juan F. Vasquez has posted an interesting article (even to us non-tax folks) entitled An Overview of the "Tax Gap" on SSRN. The...

Employee Who Announced Intention To Resign Still Eligible To Vote In Union Election

Posted on July 25, 2008
Magic Beans, Inc., 352 NLRB No. 197 (July 18, 2008), is an interestng case. An employee who announced his intention to resign and did resign after the election was found eligible to vote. Why? Because he was an employee on...

Award of $850,000 Reduced To $200,000 In NYS Employment Discrimination Case

Posted on July 25, 2008
Award of $850,000 by the NYS Division of Human Rights held excessive and reduced to $200,000 Matter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 06246, Decided on...

Parent Unsuccefully Challenges School's First Grade Placement Decision of School District

Posted on July 25, 2008
Appeal of VICKI GERGELY, ___Ed. Dep't Rep. ___, No. 15, 742 (April 14, 2008), is an interesting case and well worth a read for students of education law. A parent was apparently so unhappy with the selection of her daughter's...

NY Commissioner of Education Issues Decision Summarizing Student Residency Cases

Posted on July 25, 2008
Matter of Hoyt, ___Ed. Dep't. Rep. ___, No. 15, 771 (June 26, 2008), is an example of a common issue that arises in Education Law practices; student residency questions. The issue is important because students are entitled to a free...

Employers Beware! Minimum Wage Increases To $6.55 Effective Today July 24, 2008

Posted on July 24, 2008
The federal minimum wage increases from $5.85 per hour to $6.55 per hour effective today, July 24, 2008. It increases again effective July 24, 2009 to $7.25 per hour. Details about the federal minimum wage rate, including historical data are...

Public Safety Employer-Employee Cooperation Act

Posted on July 24, 2008
The NLRA excludes public sector employers and employees from coverage. That leaves state constitutional law, state statutes and Executive Orders. Thus, the right to bargain collectively in the public sector varies widely by state. Many states have no collective bargaining...

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...