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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

A "reasonable relation" between the subject matter of a grievance and the subject matter of the collective bargaining agreement defeats a motion to stay arbitration

Posted on August 14, 2009
County of Greene v Civil Service Empl. Assn., 2009 NY Slip Op 31468(U), July 7, 2009, Supreme Court, Columbia County, Docket Number: 09-0669, Judge: Joseph C. Teresi [Not selected for official publication] Scott Moore, a CSEA member, tested positive for...

Alabama Supreme Court Holds Employee alleging sexual misconduct not shielded from sexual history questions

Posted on August 14, 2009
A trial court did not exceed its discretion by refusing to enter a protective order to shield a female employee alleging sexual misconduct by a supervisor from deposition questions about her sexual history, ruled the Alabama Supreme Court in a...

E-Mail First Impressions

Posted on August 13, 2009
We all know that an address as well as a nice looking office impresses many clients. That is just the way it is. The Legal Blog watch ran an excellent August 12, 2009 posting, here, questioning whether an employer's email...

Introduction of Guest Blogger Professor Jim Levy

Posted on August 13, 2009
Jim Levy, associate professor of law-Nova Southeastern, who is a good friend to this blog, asked me the other day if he could guest blog. I was thrilled that he asked. Jim is a contributing editor over at Legal Writing...

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D.C. Circuit Holds Plaintiff Waited Too Long To Complain Of Sexual Harassment

Posted on August 12, 2009
Taylor v Solis,___F.3d___(D.C. Cir. July 10, 2009), is an important employment discrimination case.Availing itself of the Faragher/Ellerth affirmative defense, the Pension Benefit Guaranty Corporation (PBGC) was not vicariously liable for a male supervisor's alleged sexual harassment because a female auditor...

9th holds Plaintiff was ERISA plan participant even though he had withdrawn his assets

Posted on August 12, 2009
Harris v AmGen, Inc,, ___F.3d___(9th Cir. July 14, 2009, is an interesting ERISA case. A former employee was an ERISA "plan participant" even though he had withdrawn all of his assets from a defined contribution plan. Thus, he had standing...

Rare DFR Breach Found, But No Liability Because No Breach Of Contract

Posted on August 12, 2009
Nemsky v ConocoPhillips Co, ___F.3d___ (7th Cir. August 3, 2009), is an exceeding rare and critically important DFR case. After an employee was terminated, the union refused to arbitrate. Why? Because that same employee filed charges with the NLRB against...

Senator Kennedy reintroduces bill to expand OSHA protections, liability

Posted on August 12, 2009
The Protecting America?s Workers Act of 2009 (S. 1580) was recently reintroduced in the Senate by Sen. Ted Kennedy (D-Mass). The measure would extend the reach of the Occupational Safety and Health Act to airline and railroad employees who are...

Case Raises Issues Whether Union Can Be Responsible For Lawyers Malpractice?

Posted on August 11, 2009
Matter of PBA v. NYC OCB, ___Misc. 3d___(N.Y. Co. Aug. 5, 2009), is an interesting public sector labor law case. A discharged police officer claimed that she had be ill advised by lawyers retained by the PBA and brought an...

Western State College of Law and Florida A & M Obtain ABA Accredition

Posted on August 11, 2009
Details here. (registration required) Mitchell H. Rubinstein

9th Holds Non-signatory employer was not liable for ERISA contributions

Posted on August 11, 2009
Trustees v NYCA, Inc, ___F.3d____(9th Cir. July 15, 2009), is an interesting decision. The 9th holds that a joint employer that was not a signatory to a collective bargaining agreement is not liable under ERISA for contributions to an employee...

Primer On Health Care Reform

Posted on August 11, 2009
On August 10, 2009, the New York Times ran an excellent article on health care reform where it summarized the key issues being debated across this country. That article is available here and is a must read. Among the issues...

Digital Textbooks

Posted on August 10, 2009
The New York Times ran an interesting article about digital textbooks on August 8, 2009, here. Though the article focuses on elementary and secondary school, I believe digital textbooks have great potential in law school. Why? It gives the prof...

11thCir: Supervisor's motive and boasts were evidence discharges were retaliatory

Posted on August 10, 2009
Corbitt v. Home Depot USA, Inc,,___F.3d____(11th Cir. July 10, 2009), is an interesting employment discrimination case. Two male plaintiffs were able to show a genuine issue existed as to whether the proffered reasons for their terminations were a pretext for...

TV reporter was fired do to morals clause violation, not sex discrimination

Posted on August 10, 2009
Galaviz v Post-Newsweek Stations,___F.Supp2d____(W.D. Tx. July 13, 2009), is an interesing case. A San Antonio TV news reporter assigned to the police beat, whose involvement in multiple domestic incidents led to her termination for violating the morals clause in her...

Important Article On Settling IDEA Cases-A Must Read

Posted on August 09, 2009
Prof. Mark Weber (DePaul Law School) is one of this countrys leading scholars on special eductation law. He has published scores of law review articles and is the author of "the" leading treatise on special education as well as a...

Unemployment and Poor Economy Leads To Lawyer Depression

Posted on August 08, 2009
The poor economy effects us lawyers to. While some people in the general public may not believe this, we are human too. That is the point of Employment Woes Fuel Uptick in Lawyer Depression, A July 20, 2009 article from...

Tuition Rises 15% Or More At Several Public Law Schools; Avg. Public Tuition $16,836 Per Year

Posted on August 08, 2009
The August 3, 2009 ABA Journal Blog reported that several public law schools have raised their tuition by 15% or more. The article describes some of the increases as follows: Indiana University?s Maurer School of Law, raising tuition 24.5 percent...

Family Physican Not A Supervisor

Posted on August 07, 2009
Family Healthcare, Inc., 354 NLRB No. 29 (June 4, 2009), is an interesting Post-Oakwood NLRB supervisory decision. The doctor in question was one of seven that worked in a clinic. The key reasons why the doctor was not a supervisor...

Enrollment In CUNY Summer School Soaring

Posted on August 07, 2009
Enrollment at CUNY Colleges Leaps To High Highest Total In Eighteen Years is an interesting August 6, 2009 Daily News article that readers may find of interest. Enrollment this summer at CUNY schools is soaring. With the poor economy, it...

EEOC Issues Guidance On Waivers In Severance Agreements

Posted on August 07, 2009
On July 15, 2009, the EEOC issued a guidance on waivers in severance agreements, available here. It is actually fairly well written. Additionally, it contains a checklist for employees who are facing a layoff and sample contractual language. Lawyers will...

If you have not seen it yet, Bitter

Posted on August 07, 2009
If you have not seen it yet, Bitter Lawyer is an interesting blog designed for lawyers and intended to be entertaining. For example, Bitter Lawyer is currently running the following story: Jeff Marx is the co-creator behind the hit Broadway...

9th Issue Primer On Public Employee Free Speech

Posted on August 07, 2009
Desrochers v. San Bernardino, No. 07-56773, ___F.3d___(9th Cir. July 17, 2009), is a lengthly and well written public employee free speech case. In an action claiming that defendant city suspended plaintiff police officers in retaliation for engaging in constitutionally protected...

Estoppel did not bar employer from raising FMLA non-eligibility defense

Posted on August 06, 2009
Dobrowski v Jay Dee Contractors, Inc, ____F.3d___(6th Cir. July 8, 2009), is an important FMLA case to be aware of. The 6th held that an employer?s representations that an employee was being given FMLA leave did not bind it under...

Internal complaints must be in writing to be FLSA-protected activity

Posted on August 06, 2009
Kasten v Saint-Gobain Performance Plastics Corp, ___F.3d___(7th Cir. June 29, 2009), is an interesting case that we do not see very often. The 7th held that an employee who alleged he was discharged after making verbal complaints about the location...

Employees of Wal-Mart suppliers could not hold retailer liable

Posted on August 06, 2009
Doe v Wal-Mart Stores, Inc, July 10, 2009), is another interesting 9th circuit decision. the 9th held that employees of Wal-Mart?s foreign suppliers in China, Bangladesh, Indonesia, Swaziland, and Nicaragua failed to state a claim against the retailer based on...

Help Wanted at The EEOC

Posted on August 06, 2009
Employment lawyers and future employment lawyers take note. The EEOC is looking to hire several attorneys as well as interns. Jobs are listed here; internships are listed here Hat Tip: Workplace Prof Blog Mitchell H. Rubinstein

Breaking News Sotomayor Confirmed To Sit On Supreme Court

Posted on August 06, 2009
The New York Times reported about a half hour ago that Judge Sotomayor is now Justice Sotomayor. The vote was 68-31. The story can be found here. Mitchell H. Rubinstein

A 3 Year College??

Posted on August 05, 2009
An Argument For Cutting The Standard College Experience To Three Years is an interesting August 4, 2009 article from the New York Times. It discusses a book by Robert Zemsky, a professor of education at the University of Pennsylvania, who...

Sample Law Review Cover Letters

Posted on August 05, 2009
Well, you heard of cover letters. They are important to help find a job. They are also important when submitting articles to law reviews. Concurring Opinions recently ran an interesting story about this, here. What might be most useful to...

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