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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

Individual Has No Standing To Challenge Arbitration Award

Posted on April 03, 2009
Matter of Sales v. NYC Transit Authority, ___Misc.3d____, 2009 NY Slip Op 30520(U) (N.Y. CO. Feb. 10, 2009), involves several fundamental arbitral law principles. The parties to a CBA are the union and the employer and therefore, unless the CBA...

Growing Number of States Seek To Ask Teachers To Submit To Drug Tests

Posted on April 03, 2009
Teacher Rep Fight Random Drug Tests is an interesting March 12, 2009 Washington Times article. It reports that a growing number of school districts and states are asking teachers to submit to random drug tests. As the article states: In...

Professor Churchill wins-but its only a dollar!

Posted on April 03, 2009
Remember Professor Ward Churchill; a University of Colorado prof who was fired for his controversial views? Or, if you believe the university, the professor who was fired because of his poor research. Well, that case finally went to trial and...

Obama Supports Education Reform

Posted on April 02, 2009
The March 11, 2009 New York Times ran an interesting article entitled Obama Outlines Plan For Education Overhaul. Some of Obama's proposals include lifting limitations of charter schools, tougher curriculum standards and teacher incentives which would reward teachers for good...

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Certification year ends one year from start of good-faith bargaining

Posted on April 02, 2009
Virginia Mason Medical Ctr v NLRB, ___F.3d___(9th Cir. February 25, 2009), illustrates a basic principle of labor law. The 9th held that an employer unlawfully withdrew recognition from a union four days before the certification year ended, affirming an NLRB...

Pre-judgment interest on FMLA damages is mandatory

Posted on April 02, 2009
In Dotson v Pfizer, Inc, ___F.3d___(4th Cir. March 4, 2009), the court reversed a district court's denial of pre-judgment interest in an FMLA interference and retaliation case, in which a drug company terminated an employee shortly after he and his...

The Problem of EyeWitness Testimony

Posted on April 02, 2009
Prawf Blawg has an interesting March 8, 2009 posting about a March 8, 2009 60 Minutes TV broadcast which highlights the problem with Eyewitness testimony.It includes a video link to a portion of the broadcast. Part I of the video...

NFL Labor Arbitration Upheld

Posted on April 01, 2009
Sports arbitration decisions are always interesting to read. NFL Players Assoc. v. NFL Management Council, ___F.Supp.2d___(S.D.N.Y. March 26, 2009)(registration required) is no different. The merits of the controversy concerned how workers comp injuries would be treated...

Detroit Crisis Bargaining

Posted on April 01, 2009
Workers Share in the Pressure on Car Makers is a interesting April 1, 2009 article from the New York Times that outlines the pressure both union and management are under to make concessions that would be acceptable to the Obama...

Paying To Get Into College

Posted on April 01, 2009
Paying In Full As The Ticket To College is an interesting March 30, 2009 New York Times article. As the title implies more and more colleges are taken into account ability to pay-though many say they are doing this with...

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor

Posted on April 01, 2009
Matter of Rey-calderon v Commissioner of Labor, 2009 NY Slip Op 01562, Decided on March 5, 2009, Appellate Division, Third Department Wanda Rey-calderon, a school bus dispatcher, for the employer reported late to work and her supervisor gave her a...

Breaking News-Supremes Hold That CBA Arbitration Provisions Can Preclude Employees From Asserting Statutory Rights In Court

Posted on April 01, 2009
In Alexander v. Gardner Denver, 415 U.S. 36 (1974), the Court held that an arbitration provision in a CBA does not preclude an employee from asserting a violation of Title VII in federal court effectively giving a plaintiff potentially two...

Employers Must Use New I-9 Form Effective April 3, 2009

Posted on March 31, 2009
On December 18, 2008, the INS published a rule announcing that there would be a new I-9 Form. That Form must be used by employers after April 3, 2009. A copy of an Employer's Handbook (published by the INS) which...

Book Review Highlight-Dau-Schmidt, Malin, Corrada, Ruiz Cameron and Fisk's Labor Law in the Contemporary Workplace (American Casebook Series�)

Posted on March 31, 2009
I recently received a review copy of Dau-Schmidt, Malin, Corrada, Ruiz Cameron and Fisk's Labor Law in the Contemporary Workplace (West's American Casebook Series� 2009) and I was quickly able to determine that this is not just another labor text....

Public Policy Cause of Action Can Exist Even If Employee Does Not Make A Report Of Illegal Activity

Posted on March 31, 2009
Gossett v Tractor Supply Co, Inc, ___S.W.2d___(Tenn Ct App, March 2, 2009), is an interesting decision. The court held that an at-will employee who is terminated as a result of his refusal to participate in an illegal activity, or one...

Optician who made complaint to state board has retaliatory discharge claim against Walmart under Tenn. law

Posted on March 31, 2009
Dishmon v Wal-Mart Stores, Inc, ___F.Supp.2d___ (MDTenn, February 17, 2009), is an interesting lower court decision applying Tenn state employment law. The court denied summary judgment to Wal-Mart in a case in which a store optician alleged he was terminated...

Rostron & Levit: Information for Submitting Articles to Law Reviews & Journals

Posted on March 31, 2009
Allen Roston (Missouri-Kansas City) and Nancy Levit (Missouri-Kansas City) have posted "Information for Submitting Articles to Law Reviews and Journals" on SSRN. Here is the abstract: This document contains information about submitting articles to law reviews and journals, including the...

Will The AFL-CIO and Change to Win Reunite

Posted on March 30, 2009
NY Times reporter Steven Greenhouse wrote an excellent March 9. 2009 article entitled Unions Face Obstacles in Effort to Reunite. It is about the possible reunification of the AFL-CIO with the Change to win. The article places the odds of...

Law Firm Goes After Laid Off Associates Loan

Posted on March 30, 2009
Like many firms, Thacher apparently advanced first year associates relocation and bar costs. Thacher apparently did this in the form of a loan. Now that the firm is dissolving, it has rescinded the offers and is going after the money...

No individual liability for employees, including supervisors, under Title VII

Posted on March 30, 2009
Fantini v Salem State College, ___F.3d___(1st Cir. February 23, 2009), is an important decision which reviews settled Title VII law in the other circuits. The First holds that individual employees, including supervisors, cannot be held liable under Title VII...

Cost of College Increases Competitiveness of Public Colleges

Posted on March 30, 2009
Public Colleges Get A surge of Bargain Hunters is an interesting March 1, 2009 article from the New York Times. The cost of a college education together with the poor economy is causing a surge in public college applications. As...

Texas Tech Law Review: Criminal Law Symposium

Posted on March 30, 2009
Texas Tech Law Review will present "Excuses and the Criminal Law" on April 3, 2009 in Lubbock, Texas. Here is the summary: For years, the issue of excuses has been both mystifying and tantalizing to criminal law theorists and philosophers....

Lets Go To The Video Tape

Posted on March 29, 2009
Supreme Court Enters the You Tube Era is another excellent March 3, 2009 NY Times article by Adam Liptak. It is about the use of video by courts and how that may change things. How? Because courts and jurors would...

Harvard and Stanford Law Schools Switching To Pass/Fail Grading

Posted on March 29, 2009
Grading Policies Get Tweaking is an interesting Feb. 23, 2009 article from the National Law Journal. If reports that Harvard and Stanford Law Schools are switching from letter grades to a pass/fail grading system. The article also discusses how some....

National Law Journal Article Story Concludes AIG Bonuses Are Legal

Posted on March 27, 2009
The March 25, 2009 National Law Journal has a story about the AIG bonuses which is basically just an interview of attorney Carolyn Plump. Plump basically argues that the bonuses are legally binding contractual obligations and any effort to tax...

Yale Launches 3 Year JD/MBA

Posted on March 27, 2009
Yale Launches 3 year JD-MBA is an interesting March 6, 2009 article from the National Law Journal. This is in addition to its existing four year program. The article is a bit short and does not provide much details. The...

The custodian of the records has the burden of proving that information it withheld in responding to a FOIL request is within a FOIL exemption

Posted on March 27, 2009
Matter of U.S. Claims Servs. Inc. v New York State Dept. of Audit & Control, 2009 NY Slip Op 29071, Decided on February 20, 2009, Supreme Court, Albany County, Platkin, J. The U.S. Claims Services case concerned a FOIL demand...

Employment Law Reference

Posted on March 27, 2009
The folks over at Manpower employment agency maintain an excellent Employment Blawg which they describe as everything you wanted to know about employment law, organized by subject. This might be useful to students, non-lawyers and researchers. Some of the topics...

Principal Must Teach After Probationary Period Expiration To Obtain Tenure By Estoppel

Posted on March 26, 2009
Matter of Ronga v. Klein, ___Misc. 3d___(N.Y. Co. March 19, 2009), demonstrates a fundamental principal of Education Law. Tenure by estoppel can only occur if the employee teaches after his or her probationary period expires. Here, a Principal was removed...

Incompetence At U.S. Dep't. of Labor

Posted on March 26, 2009
NY Times reporter Steven Greenhouse wrote an interesting March 24, 2009 article entitled :Labor Agency is Failing Workers; Report Says. It discusses a Government Accounting Office report which indicates that in 9 of the 10 cases examined, the Department of...

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