Adjunct Law Prof Blog

Court Allows USW to Proceed With Challenge To Recent Indiana Right-to-Work Legislation

An Indiana trial court ruled Oct. 16 that the United Steelworkers can pursue a legal challenge to the right-to-work legislation enacted in the state earlier this year, finding the court could not “categorically” rule “at this time” that the new statute does not violate the state constitution (United Steelworkers v. Daniels, Ind. Cir. Ct., No. 45C01-1207-PL-00071, 10/16/12). The statute is (H.B. 1001) which took effect March 14, 2012. 

Law review commentary on this important topic is encourgaged. Undoubtedly, there will be further appeals.

Mitchell H. Rubinstein

Court Says Failure to Rebut ‘Honest Belief' In Firing Reasons Dooms Age Bias Claims

The 6th Circuit recently held that a 57-year-old plaintiff for a technical college in Ohio failed to establish triable age bias claims under the Age Discrimination in Employment Act and Ohio law because she did not adequately rebut the college's “honest belief” in its stated reasons for her discharge. Blizzard v. Marion Tech. Coll., (6th Cir., No. 11-3441, 10/19/12).

Mitchell H. Rubinstein

2d Circuit Holds Harasser Can Be Barred From Premises

The Second Circuit held that a federal lower court abused its discretion when it denied the Equal Employment Opportunity Commission's request for an injunction to bar a fired grocery store manager who engaged in sexual harassment from working at or visiting the store. EEOC v. KarenKim Inc., 2d Cir., No. 11-3309, (2d Cir. 10/19/12)

MItchell H. Rubinstein

Vacating a finding of being guilty of two of five disciplinary charges requires remanding the matter for reconsideration of the appropriate penalty to be imposed

The appointing authority adopted the findings and recommendation of a hearing officer that the employee was guilty of five charges of misconduct and terminated the individual’s employment.

Supreme Court dismissed the former employee’s petition challenging the appointing authority’s action.

The Appellate Division disagreed with this result, explaining that upon its review of the record it found that  the hearing officer's finding the individual guilty of two of the five charges had to be annulled and those two charges dismissed. In the opinion of the court, there was a lack of substantial evidence to support a finding that the employee was guilty of these two charges.

As the appointing authority had imposed a penalty based on the hearing officer’s finding that the individual was guilty of all five charges, the court said that the penalty imposed had to be vacated and the matter remit to the appointing authority to permit it to consider the appropriate penalty to be imposed upon the individual based on the individual having been found guilty of the three surviving charges

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06608.htm 

Reprinted by permission New York Public Personnel Law

Mitchell H. Rubinstein

Does Every Law Review Article Find a Home?

Shima Baradaran (BYU), posting at PrawfsBlawg, writes this morning about law review submission information for a 3-week period in August at Brigham Young Law Review.

According to her report, BYULR received 576 law review articles during this period.  Professor Baradan does not reveal how many were accepted, but we might safely (though not conclusively) assume the number is in the single digits.  My question is -- where do the rest go?   Does every law review article submitted ultimately find a home?  Do some writers choose to not publish when the alternative is to publish with a law review deemed to pedestrian (e.g., non-Top Fifty; non-Top 100)? s Is there an Island of the Misfit Law Review Articles out there somewhere?

Just thinking out loud.

Craig Estlinbaum

 

Election Day-Please Remember To Vote

This is written to remind everyone that today is Election Day. No matter who you support, you have the opportunity to make your voice heard by voting. 

Mitchell H. Rubinstein

Political Employers

Here's A Memo From The Boss: Vote This Way is another excellent article from NY Times Reporter Steven Greenhouse which I thought I would post on election day. As the article states:

Imagine getting a letter from the boss, telling you how to vote. Until 2010, federal law barred companies from using corporate money to endorse and campaign for political candidates — and that included urging employees to support specific politicians.

But the Supreme Court’s Citizens United decision has freed companies from those restrictions, and now several major companies, including Georgia-Pacific and Cintas, have sent letters or information packets to their employees suggesting — and sometimes explicitly recommending — how they should vote this fall.

Law review commentary on this important issue would be most welcome.

Mitchell H. Rubinstein

 

Labor Get Out and Vote Campaign

It is no secret that most of organized labor is supporting the re-election of President Obama. Some unions are putting significant recources into the campaign which include knocking on doors. A New York Times article about the role of unions is available here.

Mitchell H. Rubinstein

What is a State of Emergency?

Now that Sandy has technically passed us, I thought it might be useful to discuss what a State of Emergency is. We hear about Governors declaring them and often see the National Guard, but little else is explained. My understanding is that a State of Emergency gives the Governor additional powers. In NJ, the Governor order that gas only be available every other day in certain counties. In New York, the Governor suspended suspended certain statute of limitations. A copy of Governor Cuomo's Executive Order (No. 52) in this regard is available here,  Download Suspension_of_Time_Limitations_10-26-12

Mitchell H. Rubinstein