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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

8th Holds Principal Entitled To Qualified Immunity On Due Process Claim

Posted on December 12, 2010
The 8th Circuit recently held that a high school principal was entitled to qualified immunity from a student?s section 1983 claim for violation of her substantive due process rights based on the principal?s failure to investigate allegations that the girls?...

Open Jurist-Free Federal Legal Research

Posted on December 11, 2010
I just came across Open Jurist which allows you to search Supreme Court, Circuit court decisions and the U.S. Code for free. Readers may find this helpful. Mitchell H. Rubinstein

34% of NLRB Decisions In 2007 Generated Dissents Along Party Lines

Posted on December 10, 2010
I recently came across an interesting stat which scholars and lawyers may find of interest. In 2007, according to Chairperson Liebman, she and Dennis Walsh dissented in 34% of the cases the NLRB decided. In the mid 1980's, the dissent...

5th Circuit Holds Employer can?t hold employee to its heightened notice requirements following use of intermittent FMLA; FMLA?s minimum required notice sufficient

Posted on December 09, 2010
A lower federal court in Texas erred by holding that an employee must comply with a hospital?s internally created FMLA notice procedures. Saenz v Harlingen Medical Ctr, LP, ___F. 3d ___(5th Cir, August 2, 2010). Rather, since the employee?s mother...

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3d Circuit-Ban on Islamic headscarves in prison warranted by safety

Posted on December 08, 2010
The 3rd Circuit held that a private contractor which ran a prison facility did not violate Title VII through its ban on head coverings that included a prohibition on Islamic head coverings. The court reasoned that the ban was warranted...

Superior reporting employee's misconduct had either absolute immunity or qualified immunity from liability

Posted on December 07, 2010
Taylor v Brentwood UFSD, CA2, 143 F.3d 679 A Brentwood school principal, Anne Rooney, alleged that district teacher, Charles B. Taylor, used corporal punishment in violation of district policy. After investigating the allegation, the district filed disciplinary charges against Taylor...

Advice for adjuncts seeking a full-time faculty position

Posted on December 07, 2010
Some schools prohibit internal candidates from applying for full-time job openings. If you're an adjunct who isn't at one of those schools, you may find helpful this column from Inside Higher Ed: Are the rules different for [adjuncts applying for...

New Mexico Supreme Court Upholds $30,000 DFR Punitive Damage Award

Posted on December 06, 2010
The Supreme Court of New Mexico held that a United Steelworkers local union was liable for $30,000 in punitive damages for breaching its duty of fair representation. Akins v. United Steel Workers Local 187, No. 31,637, 6/22/10). The state Supreme...

Administrative law judge applied wrong standard in determining whether student suffering from Ehlers-Danlos Syndrome was eligible for special education services under IDEA

Posted on December 05, 2010
The Seventh Circuit held that a student suffering from Ehlers-Danlos Syndrome (EDS) was not eligible for special education services under the Individuals with Disabilities Education Act (IDEA) because his medical condition does not adversely affect his educational performance...

St. John's Law School Call For Participation and Announcement of Conferences

Posted on December 04, 2010
Call for Participation The Theology of Work and the Dignity of Workers March 18-19, 2011 St. John's School of Law, Queens, NY Featured Speakers Richard Trumka, President, AFL-CIO John Wilhelm, President, UNITE HERE! To learn more about the March Conference,...

Education Law Jobs

Posted on December 04, 2010
School Law Jobs Job Title Employer Job Location General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California Mid-Level/Senior Special Education Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano...

A Peek at New York Defamation Law

Posted on December 03, 2010
I am delighted to announce that my article, A Peek at New York Defamation Law, 82 N.Y.S. Bar J. 58 (Nov./Dec. 2010) has been published. You can download it from my SSRN page at no charge, here. This article is...

Principal failed to state valid claim of constructive discharge without due process after being placed on administrative leave for insubordination and reassigned

Posted on December 03, 2010
The Tenth Circuit , in a 2-1 split, held that a principal failed to raise a valid claim that she was constructively discharged without due process when the school district relieved her of her duties for insubordination and later reassigned...

The negative consequences to students of the "adjuncting" of higher education

Posted on December 02, 2010
As higher education relies more heavily on "contingent" faculty in order to save money, this study by two Michigan State University researchers concludes that there are negative consequences to student learning. The researchers are quick to point out that their...

New Jersey passes ?Anti-Bullying Bill of Rights? legislation, sends to governor

Posted on December 02, 2010
The Star-Ledger reports that both houses of the New Jersey legislature have approved bill A3466, known as the ?Anti-Bullying Bill of Rights,? and sent it to Gov. Chris Christie for his signature. Reportedly, it would give New Jersey the strictest...

Tennessee school district?s ban on Confederate flag displays is constitutional

Posted on December 01, 2010
Defoe v. Spiva, No. 09-6080 (6th Cir. Nov. 18, 2010), is an interesting case. The Sixth Circuit held that a school district?s ban on displays of the Confederate flag in school does not violate students? free speech rights. Although the...

Confronting Co-employees Is Disqualifying Misconduct For Unemployment Purposes

Posted on November 26, 2010
Matter of Messado v. Commissioner of Labor, ___A.D___3d (3d Dep't. August 4, 2010), stands for the proposition that confronting co-employees in any angry manner can be disqualifying misconduct for unemployment insurance purposes. As the court explained: Threatening behavior toward a...

Celebrity Litigants

Posted on November 26, 2010
The August 11, 2010 National Law Journal ran an interesting article about celebrity litigants which readers may find of interest, here. The article discusses recent legal victories of actor Sacha Baron Cohen, LaToya Jackson, among others. Mitchell H. Rubinstein

Plagiarism On Line

Posted on November 24, 2010
Lines on Plagiarism Blur is an interesting Aug. 1, 2010 NY Times article. It is about how students of today do not realize that there is plagiarism on the internet. As the article states: And at the University of Maryland,...

Elkouri & Elkouri 2010 Supp Is Out

Posted on November 23, 2010
The 2010 Supplement for How Arbitration Works is out, here. This treatise has long been the bible on labor arbitration and is a must for every labor and employment library as well as for lawyers who practice in this area....

Individual ineligible for unemployment insurance benefits if compensation exceeds the highest benefit rate applicable during relevant ?effective days?

Posted on November 23, 2010
Robinson v Commissioner of Labor, 2010 NY Slip Op 06272, decided on July 29, 2010, Appellate Division, Third Department A claimant for unemployment insurance benefits is eligible to be paid for an accumulation of "effective days" of unemployment, provided that...

An individual must prove his or her case by a ?preponderance of the evidence? in order to prevail at a ?name-clearing hearing?

Posted on November 22, 2010
Casale v Metropolitan Transp. Auth., 2010 NY Slip Op 06218, decided on July 27, 2010, Appellate Division, First Department Nicholas Casale, claiming that certain statements in the Metropolitan Transportation Authority's letter to him terminating his employment* characterizing his actions as...

Threating Co-worker Is Disqualifying Misconduct For Unemployment Purposes

Posted on November 21, 2010
Sometimes it is important to state the obvious. Being discharged for threatening a co-worker is misconduct. A worker who is discharged for misconduct is not eligible for unemployment. Matter of Ponce v. Commissioner of Labor, ___A.D.3d___(3rd Dep't. July 29, 2010)...

School Law Jobs

Posted on November 20, 2010
School Law Jobs Job Title Employer Job Location Legal Counsel Kyrene School District Tempe, Arizona Labor & Employment Attorney Lozano Smith Fresno, California Mid-Level/Senior Special Education Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith Fresno, California...

The controlling statute of limitations for filing an Article 78 petition challenging an administrative decision may be set out in another law

Posted on November 19, 2010
Hayes v City of NY Dept. of Citywide Admin. Servs., 2010 NY Slip Op 20289, Decided on July 20, 2010, Supreme Court, New York County, Judge Alexander W. Hunter New York City Fire Captain Robert Hayes applied for and took...

Discharged Muslim employee failed to make out claims of religious bias

Posted on November 18, 2010
A Muslim employee of Indian descent who lost his accommodation of using accumulated vacation time to leave work an hour early on Fridays to attend Muslim religious services after the hospital he worked for changed ownership. Thus, he was unable...

St. John's Center For Labor And Employment Law-Save The Dates

Posted on November 18, 2010
I am delighted to inform you about the following events that are being sponsored by St. John's Law School, Center for Labor and Employment Law. Labor scholars and practicing labor and employment lawyers may find this information and conferences particularly...

Female employee discharged for sexually harassing male coworkers was unable to pursue claims of gender bias against Wal-Mart

Posted on November 17, 2010
A female employee, terminated for sexually harassing male coworkers and for continued inappropriate and unprofessional conduct, failed to make out Title VII and Missouri law claims of gender discrimination because she was unable to show that male employees guilty of...

Discharged TV reporters age bias claims dismissed because statistical evidence insufficient to prove disparate treatment; more briefing required on disparate impact claims

Posted on November 16, 2010
Two discharged on-air reporters, who were aged 66 and 47, failed to make out disparate treatment age bias claims under California?s Fair Employment and Housing Act. The court held that their statistical evidence was inadequate to establish that they were...

Black healthcare worker?s right to non-biased workplace trumped white nursing home resident?s racially biased care request

Posted on November 15, 2010
Customer preference is not a vaild excuse for discrimination. Thus, a black certified nursing assistant?s right to a non-discriminatory workplace trumped a nursing home resident?s demand for white-only healthcare providers. Chaney v Plainfield Healthcare Ctr, _____F...

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