Adjunct Law Prof Blogtag:typepad.com,2003:weblog-13032202013-05-23T01:00:00-07:00A Member of the Law Professor Blogs NetworkTypePadAdjunctLawProfBloghttp://feedburner.google.comTexas: Facebook "Friendship" Alone Does Not Require Recusaltag:typepad.com,2003:post-6a00d8341bfae553ef01901c6d3499970b2013-05-23T01:00:00-07:002013-05-22T06:07:50-07:00The Fifth Circuit Court of Appeals of Texas, located in Dallas, held last week that a trial judge's undisclosed Facebook "friendship" with the victim's father in a criminal prosecution alone does not establish grounds for recusal or disqualification. Youkers v....Adjunct LawProfsCampbell Law Review Call for Paperstag:typepad.com,2003:post-6a00d8341bfae553ef01910268ac5d970c2013-05-22T04:45:46-07:002013-05-22T04:47:06-07:00From the Campbell Law Review website: The Campbell Law Review is pleased to announce a call for papers for its National Edition, which will be focused broadly around Internet Law and related themes. The Internet and associated technologies continue to...Adjunct LawProfstag:typepad.com,2003:post-6a00d8341bfae553ef019102633422970c2013-05-21T14:08:51-07:002013-05-21T14:08:22-07:00Morris Nichols recently published an interesting piece on the enforceability of contracts to extend the time period for the application of a statute of limitations. http://www.mnat.com/assets/htmldocuments/MorrisNichols_HeringDiVincenzo_May2013.pdf Dimitry HermanAdjunct LawProfsSupreme Court Takes Government Prayer Casetag:typepad.com,2003:post-6a00d8341bfae553ef0191025a840f970c2013-05-21T01:00:00-07:002013-05-21T01:00:00-07:00Thirty years ago in Marsh v. Chambers, 463 U.S. 783 (1983), the Supreme Court held in a divided opinion that opening legislative sessions with prayer did not violate the Establishment Clause. But can the government open such legislative sessions with...Adjunct LawProfsFormer Chairman Liebman Supports Senate Action on NLRB Nomineestag:typepad.com,2003:post-6a00d8341bfae553ef0192aa225846970d2013-05-20T21:00:00-07:002013-05-20T21:00:00-07:00Former NLRB Chairman Liebman recently wrote an opt ed piece calling for the Senate to take action on the 5 nominees to the NLRB. That article can be found here. Chairman Liebman states in part: Mitchell H. RubinsteinAdjunct LawProfsEmployers must use the revised federal Employment Eligibility Verification Form (Form I-9) after May 7, 2013.tag:typepad.com,2003:post-6a00d8341bfae553ef017d431f95af970c2013-05-19T21:00:00-07:002013-05-19T21:00:00-07:00The U.S. Citizenship and Immigration Services, Department of Homeland Security, advises employers that after May 7, 2013*only the newly revised federal Employment Eligibility Verification Form (Form I-9)** may be used New York State Department of Civil Service has added Advisory...Adjunct LawProfsFiles on Conflicts of Interesttag:typepad.com,2003:post-6a00d8341bfae553ef017eeb456b5f970d2013-05-19T01:00:00-07:002013-05-19T01:00:00-07:00Tyler, Texas attorney and State Bar of Texas President Buck Files has written an informative essay on conflicts of interest which appears in the April 2013 Voice for the Defense (page 15). The essay uses the federal case U.S. v....Adjunct LawProfsNo Race To the Courthouse in Utah Adoptionstag:typepad.com,2003:post-6a00d8341bfae553ef0191023d7108970c2013-05-18T01:00:00-07:002013-05-18T01:00:00-07:00In many situations, the first to file a lawsuit in a controversy obtains procedural and sometimes substantive advantages over later filers. The Utah Supreme Court held last week, however, that winning the race to the courthouse carries no special advantage...Adjunct LawProfsReviewing Radin's Boilerplatetag:typepad.com,2003:post-6a00d8341bfae553ef017eeb3f014c970d2013-05-17T01:00:00-07:002013-05-17T01:00:00-07:00ContractsProf Blog (A Member of the Law Professor Blogs Network) has been hosting a series of short reviews of Margaret Radin's new book Boilerplate: The Fine Print, Vanishing Rights and Rule of Law. Contributions so far have been by Ethan...Adjunct LawProfsNew In Print: The Law Review Reviewtag:typepad.com,2003:post-6a00d8341bfae553ef019102371f57970c2013-05-17T00:59:00-07:002013-05-17T00:59:00-07:00The Georgetown Journal of Gender and the Law''s Wintere 2013 issue includes their Winter Issue of Gender and Sexuality Law with articles by Seletha R. Butler (Georgia Tech College of Business), Julie Goldscheid (CUNY Law) and Jody M. Prescott (Vermont)....Adjunct LawProfsNeither a judicial or quasi-judicial administrative proceeding may be conducted on a Saturday or a Sunday where such day is kept as a holy day by any party to the casetag:typepad.com,2003:post-6a00d8341bfae553ef017eea8481b5970d2013-05-16T21:00:00-07:002013-04-30T04:00:06-07:00May judicial or quasi-judicial proceeding be conducted on a Sunday? This was one of the issues raised by the petitioner in her CPLR Article 78 petition seeking to vacate the appointing authority’s disciplinary determination that resulted in her being dismissed...Adjunct LawProfsBreaking News. 3rd Circuit Follows DC Circuit By Invalidating NLRB Craig Becker Appointmenttag:typepad.com,2003:post-6a00d8341bfae553ef017eeb3e3434970d2013-05-16T10:46:22-07:002013-05-16T10:46:22-07:00In a 102 page opinion released a majority of the 3d Cir. (Smith and Van Antwerpen) agreed with the D.C. Cir. that recess appointments can only be made during a recess between congressional sessions. Judge Greenaway wrote a 55 page...Adjunct LawProfsUnion Release Time In The Public Sectortag:typepad.com,2003:post-6a00d8341bfae553ef017d431ab604970c2013-05-14T21:00:00-07:002013-05-14T21:00:00-07:00A court in Arizona reportedly held that police could not use release time for union representationalwork. A newspapter article describing this case is available here. The plaintiff's theory appears to be that paying public employees for union business is a...Adjunct LawProfsDittfurth: Restitution in Texastag:typepad.com,2003:post-6a00d8341bfae553ef017eeb05255e970d2013-05-10T09:35:33-07:002013-05-10T09:35:33-07:00David Dittfurth's (St. Mary's) article "Restitution in Texas: Civil Liability for Unjust Enrichment" appears in the latest South Texas Law Review (Winter 2012). On first read, I am impressed with this article, which is comprehensive and makes a valuable contribution...Adjunct LawProfsPlease Support Kidney Donation By Supporting Linda's Home Teamtag:typepad.com,2003:post-6a00d8341bfae553ef019101e50a26970c2013-05-09T21:00:00-07:002013-05-09T21:00:00-07:00Linda February 2013 As many of you know, on June 29, 2011, my then 13 year old daughter, Linda, received a Kidney transplant from a child donor who died in a tragic accident. We are forever greatful to that wonderful...Adjunct LawProfsSupreme Judicial Court Decision Interprets Enforceability of Online Terms and Conditionstag:typepad.com,2003:post-6a00d8341bfae553ef019101f52715970c2013-05-09T11:13:29-07:002013-05-09T11:16:03-07:00A recent decision by the Massachusetts Supreme Judicial court holds that a forum selection and limitation of liability clause is not enforceable under Massachusetts law in a browsewrap agreement. This is an interesting opinion because it touches on a number...Adjunct LawProfsLinda's Home Teamtag:typepad.com,2003:post-6a00d8341bfae553ef017d41b4aa96970c2013-05-08T07:15:00-07:002013-03-10T18:00:03-07:00Linda February 2013 As many of you know, on June 29, 2011, my then 13 year old daughter, Linda, received a Kidney transplant from a child donor who died in a tragic accident. We are forever greatful to that wonderful...Adjunct LawProfsFifth Circuit: Pharmacy Purchase Logs are Nontestimonial Business Recordstag:typepad.com,2003:post-6a00d8341bfae553ef017eeae97df8970d2013-05-08T01:00:00-07:002013-05-08T05:39:42-07:00In a divided opinion, the Fifth Circuit Court of Appeals held in United States v. Townes, No. 11-50948 (5th Cir. April 30, 2013), that a pharmacy's pseudoephedrine purchase logs were nontestimonial business records that could be admitted in a criminal...Adjunct LawProfsJustices Will Not Review Ruling Shielding Retirees' Health Care Benefitstag:typepad.com,2003:post-6a00d8341bfae553ef017c381b0992970b2013-05-07T21:00:00-07:002013-05-07T21:00:00-07:00Denying a packaging firm's petition for review, the U.S. Supreme Court recently denied cert to a case which held that retirees of a Michigan plant are vested with lifetime, employer-paid health care insurance for themselves and their spouses ( Menasha...Adjunct LawProfsTexas: February 2013 Bar Results Are Intag:typepad.com,2003:post-6a00d8341bfae553ef01901bdcd8bf970b2013-05-06T01:00:00-07:002013-05-07T21:25:58-07:00The bar exam results are in for the February 2013, exam and congratulations are in order to Texas's newest attorneys. The overall pass rate for this exam was 74.18%, with the breakdown among Texas law schools (for first time takers)...Adjunct LawProfs