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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

National Coalition for Adjunct Faculty

Posted on February 22, 2009
There is a new organization being formed to advocate for adjuncts called the National Coalition for Adjunct Faculty. Information about it can be found on the Lesko Blog and an article about it appeared in the Feb. 20, 2009 edition...

Book Review Highlight Al-Qaeda Goes to College

Posted on February 21, 2009
On Jan. 23, 2009, Adjunct Prof Blog announced that James Ottavio Castagnera, a well known lawyer and professor at Rider University, just wrote an exciting new book entitled "Al-Qaeda Goes To College." Professor Castagnera was kind enough to provide me...

401(K) Ratings

Posted on February 21, 2009
Brightscope has launched a 401(k) ranking system that appears to have a lot of promise. The Retirement Plan Blog described there system as follows:The new BrightScope Rating? debuted today (see Press Release) at the 2009 Los Angeles Benefits Conference, co-sponsored...

Wisconsin: Federal Judge Holds State Judicial Conduct Rules Violate the First Amendment

Posted on February 20, 2009
A federal district judge in Wisconsin ruled yesterday that three provisions in the Wisconsin Code of Judicial Conduct violate the First Amendment. These provisions prohibit Wisconsin state judges from joining political parties, from endorsing candidates for public office, and from...

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Rare NY Ct of Appeals Decision Overturns PERB Over Failure To Bargain Improper Practice

Posted on February 20, 2009
Matter of County of Erie v. PERB, ___N.Y.3d___(Feb. 19, 2009), is an important decision to be aware of. It is one of those rare decisions which overturns the decision of an administrative agency with expertise. At issue here was the...

Economic stimulus bill includes COBRA obligations for employers

Posted on February 20, 2009
Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com All rights reserved. The United States Senate and House have come to an agreement on the terms of the economic stimulus package, known as the American Recovery and Reinvestment Act of 2009...

Teacher By Day; Prison Inmate By Night

Posted on February 20, 2009
Teacher Spends Day at School; NIght in Jail is a very interesting Feb. 18, 2009 story from ABC News. It is about a Michigan teacher who was sentenced to jail for civil contempt because he reportedly made threats to a...

Sole Owner of Corporation Not Eligible For Unemployment

Posted on February 20, 2009
Matter of Thomas (Commissioner of Education), ___A.D.3d___(3d Dept. Jan. 29, 2009), is an interesting unemployment decision. The sole owner of a corporation sought unemployment. The Appellate Division held that he was not eligible, reasoning:Substantial evidence supports the Unemployment Insurance Appeal...

More on Law Review Circulation

Posted on February 19, 2009
I have remained interested in the law review business since graduating from law school, and I have taken particular interest recently in the law review circulation discussion that has followed Ross E. Davis' essay, "Law Review Circulation" that recently appeared...

DC Circuit Holds Walkout Without A Labor Dispute Is Unprotected Activity

Posted on February 19, 2009
In Northeast Beverage Corp v NLRB, ____F.3d___(D.C. Cir. January 30, 2009). the D.C. Circuit held that the NLRB erred in ruling that an employee walkout was protected activity under the NLRA. After their employer was acquired by a beer distributor...

Employer Found To Have Given Unlawful Assistance To Union In Violation of 8(a)(2)

Posted on February 19, 2009
8(a)(2) ULP's are relatively rare. Garner/Morrision, 353 NLRB No. 78 (Jan. 27, 2009), is one such recent case. The facts in this case are complicated, but the law is not. The Board described the applicable standard as follows:An employer violates...

Employee injured in the employer?s gym while practicing for a sports event not sponsored by the employer denied workers? compensation benefits

Posted on February 19, 2009
Matter of Booth v New York State Dept. of Corrections, 2009 NY Slip Op 00272, Decided on January 22, 2009, Appellate Division, Third Department Troy Booth, a correction officer at Arthur Kill Correctional, was injured while practicing basketball off-duty in...

The Decreasing Importance of Law Review Articles

Posted on February 19, 2009
Law Librarian Blog has an interesting Feb. 18, 2009 posting entitled Twenty-Five Year Decline in Law Review Subscriptions.It discusses Law Review Circulation, Ross Davies (George Mason), Green Bag Almanac & Reader 2009 which documents the declining subscription rate of law...

Board Finds Employee Discharged Because of His Union Activities

Posted on February 18, 2009
Sometimes I bring to your attention basic cases because they are examples of important legal principles that we should be aware of. Cadence Innovation, 353 NLRB No. 77 (Jan. 16, 2009), is one such case. In this case, which is...

NY Court Holds CBA Did Not Waive Grievant's Right To Bring Discrimination Claim

Posted on February 18, 2009
Ambrosino v. Village of Bronxville, ___A.D.3d___, 2009 WL146583 (3d Dept. Jan. 20, 2009), is an important decision. Plaintiff brought suit on two (2) causes, claiming his discharge violated just cause protections contained in the collective bargaining agreement, and also constituted...

Batson Challenges - Making the Prima Facie Showing

Posted on February 18, 2009
In Batson v. Kentucky, 476 U.S. 79 (1986), the Court held that a party may not use peremptory strikes against jurors on the basis of race. A party asserting a Batson challenge must first make a prima facie showing that...

Law firm Forms Stimulus Plan Practice Group

Posted on February 18, 2009
Foley Hoag Forms A 'Stimulus Plan' Practice Group is a very interesting, but short, Feb. 17, 2009 article from the National Law Journal. The title says it all. This law firm will help clients get stimulus money. As the article...

IDEA Case Dismissed Due To Failure To Exhaust Admin Remedies Even Though Only Money Damages Were Sought

Posted on February 18, 2009
Woodruff v. Hamilton Public Schools, ___F.3d___(3d Cir. Jan. 15, 2009), involves a basic principal of special education law. The court held that IDEA, Rehab and ADA claims were properly dismissed for plaintiffs failure to exhaust administrative remedies...

Oregon Employment Relations Bd Holds That It Is A ULP To Require Union Officer To Disclose Conversation She Had With Member

Posted on February 17, 2009
AFSCME Local 189, 22 PECBR 752, 2008 WL 5053548 (Oregon Employment Relations Board Oct. 23, 2008),Download employment_relations_boardstate_of_oregon_afscme_local_189.wpd illustrates an important principal of labor law which applies in both the private and public sectors...

Flight Attendant Who Did Not dress Provocatively Denied An Assignment And Sues

Posted on February 17, 2009
Flight Attendant Sues Airline Over Sexy Outfit is a n interesting Feb. 14, 2009 posting from the New York Employment Law Blog. Unfortunately, the article is fairly short and does not contain a link to additional sources or information. This...

Plaintiff?s burden of proof in a lawsuit alleging he or she was defamed by the employer

Posted on February 17, 2009
Freddie Williams, Jr. v Detroit Board Of Education, et al, USCA, 6th Circuit, Docket No. 07-2520, Filed: January 15, 2009 [not recommended for publication] An employee may, on occasion, bring a lawsuit against his or her employer alleging some action...

Employer Establishes Unforeseeable Business Circumstances Defense To WARN Plant Closing

Posted on February 17, 2009
Gross v Hale-Halsell Co, ___F.3d___(10th Cir. January 20, 2009), is an interesting WARN decision. The 10th held that WARN Act's unforeseeable business circumstances exception applied to a grocery warehouse that laid off workers after its largest customer, whose orders it...

The Financial Crisis and Law Schools

Posted on February 16, 2009
Law Professors Begin Feeling Economic Pinch is an interesting Feb. 13, 2009 article from the ABA blog. As the article states:The budget crisis is affecting law school budgets?and the professors and administrators who work there. Some law professors and administrators...

Book Review Highlight Trial Advocacy by Berger, Mitchell and Clark

Posted on February 16, 2009
I just had the opportunity to review Trial Advocacy, Planning, Analysis and Strategy (2d Ed. 2008) written by Professors Marilyn Berger, John Mitchell and Ronald Clark and the accompanying Assignment and Case File book. The principal book spans 596 pages...

Interesting Dialogue on the Scope of Academic Freedom

Posted on February 16, 2009
Stanley Fish continues his examination of the debate on whether the scope of academic freedom has become too wide. I imagine that one's view on this depends on his or her institution. Have any of our readers come upon these...

Lawyer Layoffs

Posted on February 15, 2009
The Feb. 17, 2009 Legal Times has an interesting article entitled Brutal Week May Not Be The End of Law Firm Layoffs. It reports that 1100 lawyers were either recently bought out or laid off. As the article states:Even in...

Employee Free Choice Act

Posted on February 15, 2009
In an op-ed editorial in the January 26 in the LA Times, former Secretary of Labor Robert Reich endorsed the Employee Free Choice Act as a way to restore prosperity to the middle class: "The way to get the economy...

Online Public Education

Posted on February 14, 2009
Schools Won't Require Online Classes Yet is an interesting Feb. 1, 2009 NY Times article. It is about a New Jersey proposal to change the curriculum which, among other things, would require students to take at least one online class....

New York WARN Statute Becomes Effective Feb. 1, 2009

Posted on February 14, 2009
The New York State Workers Adjustment and Retraining Notification (WARN) Act, S. 812, takes effect on February 1. This statute affords greater protections to employees than its federal counterpart. Specifically, it requires employers to provide 90 days' notice prior to...

Court of Claims Rejects Claim That MMR Vacine Is Linked To Autism

Posted on February 13, 2009
U.S. Court Rejects Vaccine Connection to Autism is an important Feb. 12, 2009 New York Times article which discusses the fact that in three test cases Special Masters found that there is no connection between the MMR vacine and Autism....

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