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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

Skycap Employees Are Subject To RLA

Posted on November 05, 2008
Prime Flight Aviation Services, 353 NLRB No. 45 (Oct. 31, 2008), illustrates the deference the NLRB pays to the NMB in determining whether or not employees are subject to the jurisdiction of the RLA or the NLRA. The NMB determined...

24 Million Dollar Settlement In Tainted Pet Foods Case

Posted on November 05, 2008
A federal court in N.J. approved of a 24 million dollar settlement brought by pet owners of dogs and cats who ate pet food which contained a contaminant. Pet owners have until Nov. 24, to file claims. More than 10,000...

Law Firm Layoffs and The Economy

Posted on November 05, 2008
A Oct. 20, 2008 New York Law Journal article, available here, reported that Clifford Chance laid off 20 litigation associates. As the article states: Clifford Chance has laid off 20 U.S. litigation associates, citing continued "sluggishness" in the practice...

Does Professor Liberalism Influence Students??

Posted on November 04, 2008
Most college campuses (and law schools for that matter) are full of campus liberals. Does professor liberalism influence students? No, says a new study that is discussed in a November 2, 2008 New York Times article entitled "Professors' Liberalism Contagious?...

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Employers Watching Facebook Postings

Posted on November 04, 2008
Professor Paul Secunda over at Workplace Prof Blog wrote an interesting Nov. 3, 2008 story entitled Facebook and Work Do Not Mix Part Deux. It is about employers firing employees for comments they may have made on Facebook. Paul questions...

2d Issues Important Attorney-Client Privilege Decision

Posted on November 04, 2008
In Re: County of Erie, ___F.2d___(2d Cir. Oct. 14, 2008) is an important attorney client privilege decision. The issue in the case concerned the so called "issue waivers." This occurs when a litigant who seeks to invoke the privilege put...

Interesting Article On Employment-at-Will Doctrine In New York

Posted on November 04, 2008
The Oct. 2008, NYS Bar Journal has an excellent article which summarizes the employment-at-will doctrine. The article is entitled But You promised Me A Promotion. It traces the development of the employment at will doctrine and discusses the distinction between...

Supervisors Statement That A Vote For The Union Is "A Personal Attack" Is An Unlawful Threat

Posted on November 03, 2008
The line between a lawful prediction and and unlawful threat is indeed very fine as Morse Operations, 340 NLRB No. 40 (Oct. 30, 2008), demonstrates. A supervisor called an employee into his office and stated that he would deem union...

Cause of Action For Transgender Discrimination

Posted on November 03, 2008
There is a new employment law blog on the block. Actually, its been around a few months, but I just noticed it. Its called Work Matters and it is run by an employment partner at Ford and Harrision. They have...

Education Law amended to bar attorneys from simultaneously serving as an independent contractor and as an employee with the same school district

Posted on November 03, 2008
Senate 8699 (Skelos)/ Assembly 11743 (Sweeney), Governor David A. Paterson signed into law bill [S.8699 (Skelos) / A. 11743 (Sweeney) amending the Education Law in an effort to curb abuses in the state pension systems. An investigation found abuses of...

A police force is a semi-military organization and the appointing authority has ?great leeway? is determining an appropriate disciplinary penalty

Posted on November 03, 2008
Matter of Smeraldo v Rater, 2008 NY Slip Op 07336, decided on October 3, 2008, Appellate Division, Fourth Department Timothy J. Smeraldo brought an Article 78 proceeding challenging the penalty of termination of his employment with the Jamestown Police Department...

New Rules For 403(b) Retirement Plans

Posted on November 02, 2008
The Retirement Plan Blog wrote an important Oct. 13, 2008 article entitled New road ahead for 403(b) plan sponsors starting January 1, 2009 which summarizes important changes to 403(b) plans effective January 1, 2009. The article states that the following...

Top Law Professor Blogs

Posted on November 02, 2008
Dean Paul Caron (who owns this Network) and runs TaxProf Blog has an interesting Oct. 30, 2008 posting ranking the top law professor blogs. No we are not on it yet. The blog numbered 35, Legal History Blog (last on...

Book Review Highlight Law School Getting In Getting Good Getting Gold

Posted on November 01, 2008
Law School Getting In Getting Good Getting The Gold by Thane Messinger (Fine Press 2008)($16.95 list price)(order information available here), is not your ordinary law school guide book. Yeah, it has all the typical guide book information; tips about getting...

Halleland Lewis Nilan & Johnson Continues It Humorous Recruting Policy

Posted on November 01, 2008
As we noted last summer, the law firm of Halleland Lewis Nilan and Johns has taken a humorous approach to attorney recruitment. They have now updated their Video which is available here. Check it out. Mitchell H. Rubinstein

Presidential Election May Transform Federal Courts

Posted on October 31, 2008
Election's Outcome Could Have Seismic Effect On Federal Courts is an important Oct. 24, 2008 National Law Journal article. Currently, Republicans have appointed more than half the federal judges, but that number (which is not specified) can jump to 74%...

Everything You Wanted To Know About FLSA, But Were Afraid To Ask

Posted on October 31, 2008
Ke v. Saigon Grill, ___F.Supp. 2d ___(S.D.N.Y. Oct. 24, 2008) is an important FLSA case. The court awards 42 million dollars to 36 bicycle delivery men for various wage and hour violations. Significantly, the case is not dismissed as time-barred...

7th Affirms Issuance of 10(j) Injunction

Posted on October 31, 2008
Lineback v. NLRB, ___F.3d___ (7th Cir. Oct. 8, 2008), is an interesting decision where the court affirms the issuance of a 10(j) injunction. 10(j) injunctions are issued against employers pending resolution of unfair labor practice charges. The allegations in this...

Internet Archive Research

Posted on October 31, 2008
Ever wonder if you could retrieve old postings of web pages on the internet? Well you can and its free! Its called the Wayback Machine. The web site's list of FAQ describes their wonderful service as follows: What is the...

Spooky Law Review Articles

Posted on October 31, 2008
Spooky Law Review articles? There is actually such a thing. In the spirit of today's holiday, I thought I would link to Law Librarian Blog's coverage of this. Mitchell H. Rubinstein

OBAMA vs. McCain Appointments

Posted on October 30, 2008
The November 2008 ABA Journal has a timely and interesting article entitled "The Lawyers Who May Run America." The article predicts which lawyers both Obama and McCain may pick for key positions such as the Supreme Court, Attorney General and...

The Need For More Regulation In The Securities Industry

Posted on October 30, 2008
Lessons Learned From Enron: Zip, Zero, Nada, Wall Street Journal Says is an interesting Oct. 29, 2008 ABA Blog article which discusses the current financial crisis and the need for regulation. The point of the article is that executives cannot...

Law Students By The Numbers

Posted on October 30, 2008
Bill Henderson over at Empirical Legal Studies wrote an interesting Oct. 10, 2008 posting entitled The Drift Toward Pure Numbers Admissions. Professor Henderson's point is that the U.S. News and World Reports ranking system has resulted in schools placing more...

Does An Employer Asking Why An Employee Is Out Sick Violate The ADA?

Posted on October 30, 2008
The answer the above question is a big maybe as indicated in Asking for Details of Workers' Illness Causes a Legal Migraine for Employers , an important Oct. 13, 2008 National Law Journal article. The article reports on two lawsuits...

Employees Walkout Over Forced Campaigning For McCain

Posted on October 29, 2008
TPM Election Central reported on Oct. 27, 2008, available here, that dozens of call center workers walked out rather than read a McCain script attacking Obama. Query whether these workers can be fired? Absent some state law or contractual protections...

School District May Present Draft of IEP At IEP Meeting

Posted on October 29, 2008
M.M. v. NYC Department of Education, ___F.Supp.2d___(S.D.N.Y. Oct. 20, 2008)(registration required), is an important IDEA decision. The parents claimed that their child did not receive a FAPE and that they did not have any meaningful involvement in the IEP because...

Stay of Labor Arbitation Denied

Posted on October 29, 2008
I bring Matter of City of Utica v. Teamsters, ___Misc. 3d___(Oneida Co. Oct. 6, 2008), to your attention because it reviews basic arbitration law. Specifically, the court, applying New York law, denies the application for a stay and rejected the...

Attorney Sanctioned In Employment Discrimination Case For Failing To Conduct Reasonable Investigation

Posted on October 29, 2008
Worrell v.Houston Can! Academy, ____F.3d____(5th Cir. 2008), serves to remind us that attorneys cannot file pleadings in federal court without first conducting a reasonable investigation. Here, the plaintiff's attorney was sanction $6,000 for failing to conduct an investigation with respect...

Teacher Has No First Amendment Right To A MySpace Account

Posted on October 28, 2008
Spanierman v. Hughes, ___F. Supp. 2d___ (D. Conn. Sept. 16, 2008), is an important Education Law as well as First Amendment case. A federal lower court held that a probationary teacher failed to show his constitutional rights were violated when...

Senator Stevens Convicted!

Posted on October 28, 2008
The Oct. 28, 2008 Legal Times in a story entitled Sen Stevens Found Guilty In Corruption Trial reported that A jury found Alaska Sen. Ted Stevens guilty on all counts in his corruption trial. Stevens was convicted of failing to...

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