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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

Epstein on Employee Free Choice Act

Posted on December 19, 2008
Professor Richard Epstein, former Dean of Univ of Chicago Law School and currently a Visiting Professor of Law at NYU Law School wrote an interesting December 19, 2008 op ed article for the Wall Street Journal entitled The Employee Free...

Sharpton Comes Out Against Employee Free Choice Act

Posted on December 19, 2008
Workplace Prof Blog ran an interesting December 18, 2008 story where they discuss Rev. Sharpton coming out against the EFCA, available here. Thank G-d Rev. Al was never elected to political office. In my view, it is unfortunate that some...

When Can a Nonsignatory Compel Arbitration With a Signatory

Posted on December 19, 2008
When a Nonsignatory Can Compel Arbitration With a Signatory is a very interesting December 17, 2008 New York Law Journal article. It discusses the 2d Circuit's decision in Sokol Holdings Inc. v. BMB Munai Inc., ___F.3d___ (2d Cir. 2008), which...

New York Adopts ABA Model Rules Effective April 1, 2009

Posted on December 19, 2008
N.Y. Adopts New Conduct Rules Aligned With ABA Model is an important December 17, 2008 New York Law Journal article which all New York attorneys should become familar with. Effective April 1, 2009, the Code of Professional Responsibility will be...

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More On Law Schools Gaming U.S. News And World Reports Rankings

Posted on December 19, 2008
The December 2008 ABA Journal has an interesting story entitled Transfers Bolster Elite Schools about law schools gaming the U.S. News and World Reports rankings. How? Through transfer students. Schools encourage students to apply after spending a year at another...

NLRB Clarifies Single Employer Status

Posted on December 19, 2008
Two nominally separate employers can be a single employer for NLRA purposes. The significance is that each separate company that is in reality a single employer are jointly and severally liable. Shane Steel Processing, 353 NLRB No. 58 (Nov. 28,...

Primer On Statutory Analysis

Posted on December 17, 2008
The New York Court of Appeals recently issued an important decision which summarized how courts should interpret statutes. As the Court explained in Matter of Suffolk Regional Off-Track Betting v. N.Y.S. Racing and Wagering Board, ___N.Y.3d___(Dec. 17, 2008): Given the...

Book Review Highlight-Garner on Language and Writing

Posted on December 17, 2008
Brayan A. Garner, who has been the Editor-In-Chief of Black's Law Dictionary since 1991 and a best selling author of more than a dozen books has written the forthcoming book, Garner on Language and Writing (ABA 2008) which is available...

Is obesity an ADA impairment?

Posted on December 17, 2008
Andrews v. Ohio, #95-3447, 104 F.3d 803 Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright � 2008 AELE A federal appeals court rejected a suit by Ohio state troopers who challenged weight and fitness regulations as discriminatory...

Placement of a candidates name on an eligible list does not give the individual a right to an appointment

Posted on December 17, 2008
Tardif v Town of Southold, 2008 NY Slip Op 09381, decided on November 25, 2008, Appellate Division, Second Department John J. Tardif filed a notice of claim alleging that the Town of Southold, and the Town's police department, did not...

Employment Arbitration Award In Favor Of Halliburton Worker Upheld By Federal Court

Posted on December 16, 2008
Award To Halliburton Worker Upheld is an interesting December 1, 2008 article from the Legal Intelligencer about an employment arbitration award that was recently upheld by a federal court. As the article states: A federal judge has refused to overturn...

More On College Abuse of Adjuncts

Posted on December 16, 2008
And You Thought Wallmart Employees Had It Bad is a most telling December 15, 2008 article from the Huffington Post which documents the low pay and poor benefits most college adjuncts receive. As the article states: Freeway Flyers; aka "adjunct...

Copies Atty General Motion Papers To Remove Illinois Governor Are Available

Posted on December 16, 2008
As we all know, Lisa Madigan, the Illinois Attorney General has filed an original action in the Supreme Court of Illinois seeking the removal of Governor Blagojevich. Her theory is that the Governor is unable or unfit to serve. A...

Disgraced Governor Spitzer's Dad Looses Major Discrimination Lawsuit

Posted on December 16, 2008
Father Of Former Governor Spitzer Looses Suit is an interesting December 5, 2008 New York Times article. It is about a 1.3 million dollar jury verdict against former Governor Sptzer's Dad brought by a doorman and three black porters who...

Hearing Officer's So Ordering Settlement Agreement Sufficient To Require District To Pay Student's Atty Fees As A Prevailing Party Under The IDEA

Posted on December 16, 2008
V.G. and M.G. v. Auburn Enlarged Central School District, 5:06-cv-531, ___F.Supp. 2d ___(N.D. N.Y. Dec. 9, 2008)(registration required), is an important IDEA case. The School District argued that the plaintiff was not entitled to attorneys fees as a prevailing party...

2d Holds No 3rd Party Discovery Under FAA

Posted on December 16, 2008
Life Settlement v. Syndicate, ___F.3d___(2d Cir. Nov. 25, 2008), is an exceedingly important case under the FAA. The 2d holds that there is no 3rd party discovery under the FAA. Judge Wesley, writing for the court, reasoned that the portion...

Participation of the appointing authority in a disciplinary action

Posted on December 16, 2008
Faga v Board of Educ. of Harrison Cent. School Dist., 2008 NY Slip Op 09078, Decided on November 18, 2008, Appellate Division, Second Department Vito Faga was terminated from his position of head custodian at the Harrison Central School District....

More and More Litigants Are Appearing Pro Se

Posted on December 16, 2008
Both the Associated Press and the Wall Street Journal Law Blog had recent stories about the fact that more and more litigants are appearing pro se. As the Wall Street Law Journal Law Blog stated: ?The number of people serving...

E-Mail Stipulation Of Settlement Which Was Unsigned Is Unenforcable Under New York Law

Posted on December 15, 2008
Ruffini v. 41 Fith Overns Corp., ___Misc. 3d ___(N.Y. Co. Dec. 15, 2008)(registration required) is an interesting case that I am sure we will see more of.The petitioner moved to enforce a stipulation of settlement its counsel sent to respondent's...

Teacher's action to prevent disclosure of disciplinary information did not present a justiciable controversy.

Posted on December 15, 2008
Fenn v. Ozark City Schools Bd. of Educ., (Ala. Nov. 25, 2008) (registration required) is an important decision. A declaratory judgment action brought by a teacher against a city's board of education, alleging that information that a local newspaper had...

Section 301 DFR Claims Do Not Apply To Public Sector Employees

Posted on December 15, 2008
The 9th Circuit recently held that a federal district court properly dismissed hybrid suit under Section 301 of LMRA filed by employee of Hawaii Department of Human Services against her employer and union, since department, as political subdivision of state,...

NLRB reverses ALJ On Due Process Grounds

Posted on December 15, 2008
New York Post, 353 NLRB No. 30 (Sept. 30, 2008), is an interesting case as well as important case. The NLRB reversed an ALJ on Due Process grounds because the employer did not have adequate notice of the General Counsel's...

Hours and Wages - Employees were subject to overtime exemption for firefighters even though effectively limited to providing EMT services.

Posted on December 14, 2008
Gonzales v. City of Deerfield, ___F.3d___(11th Cir. Nov. 24, 2008) is an interesting FLSA case. Employees of a city's fire and rescue department had the "responsibility to engage in fire suppression," as required to be subject to an overtime exemption...

Employers And Face Book

Posted on December 14, 2008
A very interesting Nov. 25, 2008 New York Law Journal about the employers use of the internet to research employees is entitled Limiting The Risks of Employee Searches. (free with registration). It quotes a U.S. News survey which indicates that...

Justice Stevens Telecommutes From Florida

Posted on December 13, 2008
Chuck Newton Rides The Third Wave ran a very interesting story about how Justice Steven telecommutes to work from Florida and only comes into the Court to hear oral argument. A related Washington Post article is available here. Good for...

Pressure Is on Obama to Name First Hispanic Supreme Court Justice

Posted on December 13, 2008
Pressure Is On Obama to Name First Hispanic Supreme Court Justice is an interesting December 1, 2008 Legal Times article. Encouraged by President-elect Barack Obama's talk of inclusiveness, and emboldened by the importance of the Hispanic vote to Obama's victory,...

Tenure At Private Universities

Posted on December 12, 2008
Tenure is, of course, critically important to any teacher. It is most often thought of with respect to public school teachers. However, university professors are often granted tenure as well. With respect to public schools and public universities tenure is...

NJ Appellate Court Holds Employee Can Prove Termination Was Discriminatory Even If Ultimate Decisionmaker Had No Discriminatory Animus

Posted on December 12, 2008
New York and New Jersey Employment Law reports on an important NJ state appellate court decision. As this blog entry explains: The New Jersey Appellate Division recently ruled that it is possible for an employee to prove he was fired...

Witness Affidavit Struck In Employment Discrimination Case

Posted on December 12, 2008
Lawver v. Hillcrest Hospice, ___F3d___(11th Cir. Nov. 24, 2008), is an important case because it summarizes when a court can disregard an affidavit in an employment discrimination case. As the court explained: I. Striking of witness?s affidavit We review the...

6th Affirms Pro Se $120,000 Employment Discrimination Verdict

Posted on December 12, 2008
Madden v. Chattanooga City Wide Svc. Dept., No. 085082 (6th Cir. Nov. 25, 2008) is an interesting decision. The court affirming $120K bench verdict for Black crew worker who was fired for setting off firecracker but Whites weren?t; Plaintiff proceeded...

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