Sunday, January 27, 2013
Philippines congress approves bill granting compensation to human rights victims
Saturday, January 26, 2013
NLRB's recent significant decisions
The NLRB this week made public a number of significant decisions, most reached in the final days of the term of Member Brian Hayes, which ended on December 16. The Board continues with three members, Chairman Mark Gaston Pearce and Members Richard F. Griffin, Jr. and Sharon Block.
The decisions touch on a variety of issues including social media postings, charter school jurisdiction, backpay awards, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a contract.
Hispanics United of Buffalo
The Board found that the employer unlawfully fired five employees because of their Facebook posts and comments about a coworker who intended to complain to management about their work performance. In its analysis, the Board majority applied settled Board law to the new world of social media, finding that the Facebook conversation was concerted activity and was protected by the National Labor Relations Act. Member Hayes dissented.
Alan Ritchey, Inc.
In a unanimous decision that resolved the last of the two-member cases returned following the 2010 Supreme Court decision in New Process Steel, the Board found that where there is no collectively-bargained grievance-arbitration system in place, employers generally must give the union notice and an opportunity to bargain before imposing discipline such as a discharge or suspension on employees. Member Hayes was recused.
Latino Express
In a decision that will affect most cases in which backpay is awarded, the Board decided to require respondents to compensate employees for any extra taxes they have to pay as a result of receiving the backpay in a lump sum. The Board will also require an employer ordered to pay back wages to file with the Social Security Administration a report allocating the back wages to the years in which they were or would have been earned. The Board requested briefs in this case in July 2012. Member Hayes did not participate in the case.
Chicago Mathematics & Science Academy
Rejecting the position of a teachers’ union, the Board found that it had jurisdiction over an Illinois non-profit corporation that operates a public charter school in Chicago. The non-profit was not the sort of government entity exempt from the National Labor Relations Act, the Board majority concluded, and there was no reason for the Board to decline jurisdiction. Member Hayes dissented in part.
United Nurses & Allied Professionals (Kent Hospital)
The Board, with Member Hayes dissenting, addressed several issues involving the rights of nonmember dues objectors under the Supreme Court’s Beck decision. On the main issue, the majority held that, like all other union expenses, lobbying expenses are chargeable to objectors, to the extent that they are germane to collective bargaining, contract administration, or grievance adjustment. The Board invited further briefing from interested parties on the how it should define and apply the germaneness standard in the context of lobbying activities.
WKYC-TV, Gannet Co.
Applying the general rule against unilateral employer changes in terms and conditions of employment, the Board found that an employer’s obligation to collect union dues under a check-off agreement will continue after the contract expires and before a bargaining impasse occurs or a new contract is reached. Member Hayes dissented.
Source: http://www.lawmemo.com/blog/2012/12/nlrbs_recent_si.html
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Court finds appointments unconstitutional
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585836438&rss=rss_nlj
OPINION: Prosecutors and book deals
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585689193&rss=rss_nlj
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International Law Opportunities at Suffolk University Law School
Wisconsin public employee collective bargaining statute amendments declared unconstitutional
A teachers' union sought declarative and injunctive relief against the governor, claiming that statutory amendments dealing with municipal employees' collective bargaining rights and payroll deductions of dues and pension contributions were unconstitutional.
The trial court declared the statute unconstitutional. Madison Teachers v. Walker (Wisconsin Circuit Ct 09/14/2012)
(1) Certain portions of the statute violated the free speech clauses of the Wisconsin and US constitutions. Although there is no constitutional right to collective bargaining, the statute imposes burdens on the speech and associational rights of employees represented by unions which burdens are not imposed on other employees. They cannot negotiate wage increases greater than the cost of living, they cannot pay dues by payroll deductions solely because the dues go to labor organizations. A ban on fair share agreements means that union members bear the cost of bargaining for non-members who receive the befits of bargaining. Requiring unions to be recertified annually burdens members with the full costs of the election.
(2) The trial court applied strict scrutiny to the equal protection claims because of the infringement on speech rights. The statute creates two classes of employees (represented and non-represented), and the defendants "offer no defense of the statute that would survive strict scrutiny."
(3) Certain portions of the statute violated the Wisconsin constitution's home rule amendment, violated the constitutional bar on impairment of contracts, and deprived employees of property without due process.
Source: http://www.lawmemo.com/blog/2012/09/wisconsin_publi.html
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Dayton includes across the board funding increases for the courts in budget
He is asking for an increase in overall spending and funding increases for much of the justice system.
Under Dayton’s budget:
- Civil Legal Services would get a 4.5 percent increase
- The Board of Public Defense would get a 6.5 percent increase
- The Supreme Court would get a 4.3 percent increase
- The Court of Appeals would get a 5.9 percent increase
- The District Courts would get a 6.2 percent increase
- The Guardian Ad Litem Boar would get a 4.3 percent increase
- The Tax Court would get a 19.5 percent increase
- The Judicial Standards Board would get a 33 percent increase
Much of the new money would go to paying for new employees, raises, investments in technology and to up the contribution to the employee retirement fund for branch employees.
The legislature and the Governor will meet in the coming weeks to finalize a budget for the coming biennium.
Chief Justice Lorie Gildea released a brief statement after the recommendations were released.
“We appreciate Governor Dayton’s support for our budget request and look forward to working with the Legislature in the months ahead.”
Inside the Trayvon Martin Tragedy
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/
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E-DISCOVERY: A SPECIAL REPORT: Five cases made for a momentous year in predictive coding
Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202585797862&rss=rss_nlj
Friday, January 25, 2013
Remote Working Options for Lawyers
Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/06/remote-working-options-for-lawyers/
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The BP Oil Spill Case and Large Volume E-Discovery
Inside the Trayvon Martin Tragedy
Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/
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Student Loan Management for Lawyers
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/01/student-loan-management-for-lawyers/
How Law Firms Can Track Time
Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/02/how-law-firms-can-track-time/
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Student Loan Management for Lawyers
Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/01/student-loan-management-for-lawyers/
The Lost Art of the Online Discussion
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Thursday, January 24, 2013
Why Is Sexually Abusing a Puppy Funny?
Some see this is a particularly bizarre crime story. Other see this as an opportunity to make jokes. From Doug Berman at Sentencing Law and Policy:
It is often reported that child rapists are often treated as pariahs even among the most hardened criminal is prison. Consequently, this stunning local sentencing story prompted the (serious?) question in the title of this post. The article — which has an ending that led me to double-check it wasn't from The Onion — is headlined "N.Y. super who had sex with dog gets prison." Here are the details:
An apartment building superintendent who was caught on tape entering a unit and having sex with the tenant's puppy was sentenced to prison Tuesday.
Alan Kachalsky thought something in his apartment was amiss for months — blinds drawn that had not been, a window left open that he had left shut. But nothing ever went missing, and, fearing he may come off as paranoid, Kachalsky never went to the police. Instead, he set up three cameras and waited. Kachalsky shared his apartment at the Rye Colony Cooperative Apartments with a male Labrador puppy, Gunner, who, unbeknownst to Kachalsky, was the real target of the burglar.
The burglar, it turned out, wasn't there to steal anything, Kachalsky said Tuesday, but for something far more unimaginable. Kachalsky, an attorney, said it never occurred to him that someone was returning to have sex with his dog. Kachalsky turned over the video to police, who questioned and arrested Nicaj on Feb. 9, 2012, for sex acts against the 1-year-old dog committed the day before.
From there, it goes to a place I would never have imagined.
Given the apparent happy ending for the victims of this crime, I am not sure whether to encourage off-color jokes about this case or to engage in serious analysis of the prosecution of this peculiar puppy rapist. Thus, I pose this dilemma to readers:
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should we ponder, rigorously or comically, whether and how the victim dog's tender age impacted the seemingly severe sentencing outcome?
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should we worry, genuinely or jokingly, whether there are other puppy victims of this defendant who lacked the courage (and ability) to speak up about their abuse?
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should we question, meaningfully or mirthfully, what the human victim here has now done with the contraband puppy porn than he inadvertently produced?
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should we wonder, seriously or facetiously, whether upon release from prison the offender will be barred from going within 1000 feet of a pet store without prior approval of his probation officer?
Obviously, this is bizarre conduct, sufficiently off-the-charts nuts that it seem almost Onion-like. But it isn't a joke, and bestiality (like necrophilia) happens. Is this funny? Are we so jaded that we can indulge in dark humor to the extent reflected by this post?
There is nothing about what was done to a puppy that strikes me as humorous, even indirectly. This is just sick stuff. Am I missing something here?
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Source: http://blog.simplejustice.us/2013/01/20/why-is-sexually-abusing-a-puppy-funny.aspx?ref=rss
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Morocco to change rape law allowing marriage
Source: http://jurist.org/paperchase/2013/01/morocco-to-change-rape-law-allowing-marriage.php
Supreme Court declines to rule on state-funded cross restoration
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