Or, Prof. Bagenstos headlines it at Disability Law, “Second Circuit Holds Timely Arrival at Work Not Necessarily an Essential Job Function.” Reversing a summary judgment in favor of the employer, the judges found that a schizophrenic case worker whose medication caused morning drowsiness was entitled to a trial on his claim that he could have accomplished the job by working extra to make up for time missed early in the day. [McMillian v. City of New York; Disability Law; Paul Mollica, Outten & Golden]
Tagged as:
disabled rights,
Second Circuit
Get ready for the cognitive dissonance among many on both left and right: Second Circuit chief judge Dennis Jacobs, long a favorite of the Federalist Society (and of mine), has written the opinion striking down section 3 of the Defense of Marriage Act (DOMA) in Windsor v. U.S. I have more at my Maryland for All Families blog.
Tagged as:
Maryland,
military,
same-sex marriage,
Second Circuit
- Second Circuit Judge Jose Cabranes, at AALS meeting, gives legal academics frank appraisal of where law school needs fixing, to the delight of many of us who’ve advanced a broadly similar critique [Caron, Above the Law, Sloan/NLJ]
- “Let’s Regulate Harder. That’ll Provide More Jobs For Young Law Grads!” [my new Cato post, citing an official from the Society of American Law Teachers (SALT)]
- ABA accreditation rules discourage reliance on less expensive (and often more practice-oriented) adjunct faculty [latest in David Segal series on law schools in New York Times; Catherine Dunn, Corporate Counsel] Plus: video of law school accreditation panel at Federalist Society national convention;
- Law school without undergrad degree first? Many other advanced countries do it that way [McGinnis and Mangas, Northwestern dean Dan Rodriguez response, M&M rejoinder; ABA Journal on views of NYLS's Rick Matasar] Yet more on law school reform [Jim Chen via Caron, Caron, Mark Yzaguirre, Frum Forum]
- Complete point-counterpoint at ELF last summer on Tulane law clinic fracas (I’m counterpoint) [ELF]
- Why not rob the rich? Ask Prof. Leiter [Sullivan]
- Does law and economics amount to “studies in social engineering”? [Kenneth Anderson]
Tagged as:
bar associations,
law schools,
Second Circuit
- Chemerinsky, other critics should apologize to Second Circuit chief judge Dennis Jacobs over bogus “he doesn’t believe in pro bono!” outcry [Point of Law and update]
- New York high court skeptical of ultra-high contingency fee in Alice Lawrence v. Graubard Miller case [NYLJ; earlier here and here]
- Panel of legal journalists: press let itself be used in attack on Judge Kozinski [Above the Law]
- Unfree campaign speech, cont’d: South Dakota anti-abortion group sues to suppress opponents’ ads as “patently false and misleading” [Feral Child]
- Even if you’re tired of reading about Roy Pearson’s pants, you might still enjoy Carter Wood’s headlines on the case at ShopFloor ["Pandora's Zipper", "Suit Alors!"]
- Rare grant of fees in patent dispute, company had inflicted $2.5 million in cost on competitors and retailers by asserting rights over nursing mother garb [NJLJ]
- Time to be afraid? Sen. Bingaman (D-N.M.) keen on reintroducing talk-radio-squelching Fairness Doctrine [Radio Equalizer]
- “Yours, in litigious anticipation” — Frank McCourt as child in Angela’s Ashes drafted a nastygram with true literary flourish [Miriam Cherry, Concurring Opinions]
Tagged as:
Alex Kozinski,
broadcasters,
campaign regulation,
contingent fee,
Erwin Chemerinsky,
Ireland,
nastygrams,
New York state,
patent quality,
pro bono,
Roy Pearson,
sanctions,
Second Circuit,
South Dakota
- Bulgarians employ “decoy lawyers” to get around corruption in official bureaus [Cowen, MargRev]
- Forum-shopping vol. MMMCCXII: Taiwan company claims Apple broke California unfair-practices law so of course it sues in Texarkana [AppleInsider]
- “U.S. produces far too many lawyers for society to absorb” and one reason is that law schools want warm seats on chairs [Greenfield]
- Second Circuit: lawyers can’t buy their way out of sanctions for filing meritless lawsuit [Krauss, PoL]
- Some reasons furor over free speech in Canada is relevant this side of the border [Bernstein @ Volokh]
- We’re quoted on the subject of those websites that offer “point-and-click access to trial lawyers” [Business First of Columbus]
- Tight lid kept on study of disposable diapers’ environmental impact since findings were … inconvenient [Times Online (U.K.) via Stuttaford]
- Judge backs Kentucky’s bid to seize domains of online gambling sites, implications for everyone else [Balko, "Hit and Run"; earlier here and here]
Tagged as:
Apple,
chasing clients,
forum shopping,
free speech in Canada,
gambling,
Kentucky,
law schools,
sanctions,
Second Circuit
