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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

Supremes Grant Cert Over Whether Child Must First Be Denied Special Education Services

Posted on January 28, 2009
The Supremes recently granted cert in Forest Grove v. T.A.The 9th circuit decision is Forest Grove v. T.A., ___F.3d___(9th Cir. 2008). The issue in the case is that which the court split 4-4 on in the recent case, Board of...

Why Ed Genson pulled out of the Blagojevich case

Posted on January 28, 2009
The National Law Journal interviewed Gov. Blagojevich criminal attorney and asked him why he left the defense and some of his comments were revealing. Specifically, attorney Genson is quoted as saying the following: NLJ: Why did you pull out of...

D.C Circuit Issues Primer on Unilateral Change Doctrine and Majority Status Doctrine

Posted on January 28, 2009
I bring Kravis Center v. NLRB, ___F.3d___(D.C. Cir. Dec. 30, 2008), because the court does a nice job in reviewing several fundamental principles of labor law, including the long standing unilateral change doctrine and the presumption that a union maintains...

Court Vacates Labor Arbitration Involving Employee Discipline

Posted on January 28, 2009
I suspect we are going to here more about the little noticed case of Matter of New York City Transit Authority v. TWU, ___A.D.3d___(2d Dept Dec. 30, 2008). In this lengthly decision, an employee was found guilty of assaulting a...

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Supremes Broadly Interpret Opposition Clause As Applying To Internal Complaints

Posted on January 27, 2009
In Crawford v Metro Government of Nashville & Davidson County, Tenn, Dkt No 06-1595, ___U.S.___(Jan. 26, 2009), the Supremes broadly interpreted Title VII's Opposition Clause to apply to internal investigations. This is a huge pro plaintiff decision as the Opposition...

Senate Passes Ledbetter Fair Pay Act

Posted on January 27, 2009
The Senate passed the Ledbetter Fair Pay Act of 2009, S. 181 by a 61-36 vote. The Bill would amend Title VII, the ADEA, the ADA and the Rehab Act to specify that a discriminatory pay decision or practice that...

Importance of Timely Filing Notice of Claim

Posted on January 27, 2009
When suing a municipality or a school district lawyers should always remember to check if a notice of claim is required. It is a simply form which if not served and filed correctly can be fatal to any litigation. Under...

Workers Comp Claim Bars Tort Lawsuit Against City Employer

Posted on January 27, 2009
Nwankwo v. City of New York, ___Misc. 3d___, (N.Y. Co. Dec. 17, 2008)(registration required), involves some very elemental principles of employment law. Plainitiff was employed by defendant City and was involved in an automobile accident. At a Workers' Compensation hearing,...

Same Sex Couples Are Entitled To Civil Service Benefits In New York.

Posted on January 26, 2009
Lewis v New York State Dept. of Civ. Serv. ___A.D3d___, 2009 NY Slip Op 00283, (3rd Dept. Jan. 22, 2009), is an important decision to be aware of. The New York Appellate Division, Third Department, upheld the power of the...

Crisis In Catholic Schools

Posted on January 26, 2009
For Catholic Schools, Crisis and Catharsis is an interesting Jan. 19, 2009 article from the New York Times. It reports on the declining enrollment in Catholic Schools. The Bischop in 1884 ? set a goal;?every Catholic child in a Catholic...

Deposition Questioning In Wage and Hour Lawsuit Violates NLRA

Posted on January 26, 2009
Chinese Daily News, 353 NLRB No. 66 (Dec. 22, 2008), is an important NLRB case. During a deposition involving a wage and hour case, an employee was asked "Did you vote for the Union to win the election?" That question...

Court Reduces Mental Anguish Damages Under New York Law In Half

Posted on January 26, 2009
Matter of Woehrling v. NYS Division of Human Rights, ___A.D.3d___(4th Dep't. Dec. 31, 2008), is an interesting decision. In this sex discrimination case, mental anguish damages were reduced to 10,000 from 20,000. Punitive damages in the amount of 10,000 damages...

7th Holds Board of Educ Not Responsible For Teacher's Sexual Abuse of Student

Posted on January 25, 2009
Hasen v. Board of Trustees, ____F.3d____(7th Cir. Dec. 23, 2008), is an important Title IX case. The court held that the Board could not be liable for a teacher's sexual abuse of a student under Title IX. Specifically, this was...

Rare Personal Injury Verdict In Favor of Teacher Against Board of Education

Posted on January 25, 2009
It is very difficult for a teacher to recover for personal injuries against the Board of Education because of student violence. The Board is only liable if it assumed a "special duty." Dinardo v. Board of Education, ___A.D.3d___(1st Dept. Dec....

Plea Bargaining NYC Parking Tickets

Posted on January 24, 2009
City Will Slash That Parking Fine If You Ask, is an important Jan. 1, 2009 New York Times article for those of us who drive into NYC. It reports on a practice of NYC to automatically reduce the fine if...

Book Review Highlight- How To Take A Case Before The NLRB

Posted on January 24, 2009
The Eighth Edition of How To Take A Case Before The NLRB (2008) is out and this classic treatise is better than ever. This work spans 1432 pages and primarily focuses on NLRB procedure which is so important to labor...

Presidential Succession

Posted on January 23, 2009
What happens if dooms day occurs? The President, VP and Speaker are some how killed-g-d forbid. Concurring Opinions had a very interesting posting on this entitled Line of Succession Teaching Moment. As the article states: The Constitution specifies only one...

Up Coming Book-New Al-Qaeda Goes to College

Posted on January 23, 2009
James Ottavio Castagnera, a well known lawyer and professor just wrote an exciting new book entitled "Al-Qaeda Goes To College." It will be available on or about April 30, 2009 and I cannot wait to read it. I know Jim...

2d Affirms NLRB Holding That Employer Unlawfully Hired Permanent Replacements

Posted on January 23, 2009
Church Homes v. NLRB, ___F.3d___(2d Cir. Dec. 29, 2008), reviews several important principles of labor law. Specifically, employers have the right to hire permanent replacements during a strike unless the employer has an independent unlawful purpose. Such an unlawful purpose...

Animal Shelter Does Not Have To Disclose Identity of Pet Adopter

Posted on January 23, 2009
Feger v. Warwick Animal Shelter, ____A.D.3d____(2d Dept. Dec. 23, 2008), is a harsh decision involving the growing area of pet and animal law. After the plaintiffs Persian Cat was stolen from plaintiffs home, they saw a picture of their cat...

Supremes hold Title IX does not preclude a sec.1983 action alleging unconstitutional gender discrimination in schools

Posted on January 22, 2009
On Jan. 21, 2009, the Supremes decided FITZGERALD v. BARNSTABLE SCHOOL COMM. (No. 07-1125), which among other things, held that Title IX does not preclude a 1983 claim for gender discrimination in schools. This is an exceedingly important decision. Why?...

Supremes Hold Local Union May Charge Agency Fee Payers Portion Of National Litigation Expenses

Posted on January 22, 2009
On Jan. 21, 2009, the Court decided LOCKE v. KARASS (No. 07-610) which is another in a series of agency fee payer cases involving the First Amendment. The Court held that under prior precedent, the First Amendment permits a local...

The Importance of State Discrimination Law

Posted on January 22, 2009
I bring Hilal v. NYS Division of Human Rights, ___A.D3d___(2d Dept. Dec. 23, 2008), to your attention because it reminds us of the importance of state anti-discrimination law. In this sexual harassment case, the court upheld $35,000 as mental anguish...

How Will The Poor Economy Effect Law Schools?

Posted on January 22, 2009
Law School Trims Faculty Raises, Restrict New Hires is an interesting December 23, 2008 National Law Journal article. It is about cut backs employed by Hastings College of Law which put restrictions on new hires and limited faculty raises. As...

Should Judges Be Subject To Mandatory Retirement At Age 70??

Posted on January 21, 2009
Mandatory Retirement At Age 70 For State Judges is an interesting December 29, 2008 New York Law Journal article (registration required). It points out that judges in New York must retire by age 70, yet Judge Levine, a former member...

Rabbinical Court Arbitration Concerning Termination Of Rabbi Vacated On Public Policy Grounds

Posted on January 21, 2009
Religious Courts' Award is Rejected As Violative of Public Policy is an interesting December 29, 2008 New York Law Journal article which reports on Brisman v. Hebrew Academy of Five Towns & Rockaway, 14160/08 (Kings. Co. Dec. 18, 2008). After...

5th Upholds Arbitration Decision Reinstating Pilot Who Refused Alcohol Test

Posted on January 21, 2009
Continental Airlines, Inc v ALPA, ___F.3d___ (5th Cir. January 13, 2009), reminds us of the deference paid to arbitrators, in RLA parlance, System Boards of Adjustment. Here, the System Board of Adjustment (SBA) did not exceed its authority when it...

Assistant Principal States 1983 Cause of Action Against NYC Department of Education For Refusing To Lodge False Complaint Against Teacher

Posted on January 21, 2009
Fierro v. City of New York, ___F.Supp.2d___(S.D.N.Y. July 30, 2008), appeal pending, ____F.3d____(2d Cir.) , Download fierrowhistleblower.pdf is an interesting case. An Assistant Principal stated a 1983 cause of action because he refused to lodge a false complaint against a...

Publication of Law Review Article About Lawyer And His Nurse Clients Who Were Both Criminally Charged Because The Nurses Resigned En Mass

Posted on January 19, 2009
I am delighted to announce the publication of my law review article entitled: A Lawyers Worst Nightmare: The Story Of A Lawyer And His Nurse Clients Who Were Both Criminally Charged Because The Nurses Resigned En Mass, 103 Northwestern U....

Major New York Decision Holding It is Not Criminal To Quit Or For Attorney To Advise Clients That They Could Quit

Posted on January 18, 2009
Matter of Vinluan v. Doyle, ___A.D.3d___, 2009 WL 93065 (2d Dep't. Jan. 13, 2009), is a critically important employment law case that will shortly make its way into law school casebooks. Although it attracted the attention of several amicus groups,...

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