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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

7th Rejects AIDS Discrimination Claim

Posted on October 28, 2008
EEOC v. Lee's Log Cabin, ___F.3d___(7th Cir. Oct. 6, 2008), is an interesting as well as an important decision. The EEOC had filed suit under the ADA claiming that the employer refused to hire a plaintiff for a waitstaff position...

Distinguishing Between Employees Is Not A Breach of The Duty Of Fair Representation

Posted on October 28, 2008
Collective bargaining often involves line drawings. Unions cannot always get the same amount of benefits for all classes of employees. Calkins v. PBA, ___A.D.3d___(4th Dep't. Oct. 3, 2008), is an important decision because it recognizes that such choices do not...

Slavery Conviction in 2008!

Posted on October 27, 2008
A case that has gone virtually unnoticed is U.S. v. Sabhnani, ___F.Supp.2d ___ (E.D.N.Y. Oct. 20, 2008)(registration required). A copy of the Indictment is available here. However, the case did get a significant amount of press when it was orginally....

College Professor Loses Title VII Case

Posted on October 27, 2008
Giles v. University of Toledo, ___F.3d___(6th Cir. 2008) is an interesting decision which reviews basic Title VII principles fairly well. The plaintiff, a black professor, who was fired for job abandonment for refusing to return from an LOA failed to...

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What Is Plagiarism?

Posted on October 27, 2008
Clinicians With Not Enough To Do reports on a recent law review article, Carol M. Bast & Linda B. Plagiarism and Legal Scholarship in the Age of Information Sharing: The Need for "Intellectual Honesty," 57 Cath. U. L. Rev. 777...

Many Older People Want To Work

Posted on October 27, 2008
Money not the motive for many to work until 67 is an important Oct. 7, 2008 A.P. article reprinted on findlaw.com that raises many important social issues. The article states that may older Americans work past normal retirement age (nowadays...

Adjunct Blog Hits 100,000 Milestone

Posted on October 26, 2008
This weekend was an important one for me. I spoke at the Third Annual Colloquium on Current Scholarship in Labor and Employment Law Scholarship at California Western School of Law in San Diego California and this blog surpassed the 100,000...

Maleness As A Disability

Posted on October 24, 2008
I bring A New Potential Disability: Being Male?, a Oct. 7, 2008 National Law Journal article,to your attention because it contains an over the line comment by a management lawyer who is obviously against the ADA Restoration Act which just...

NLRB Reviews Wright Line Dual Motive Standard

Posted on October 24, 2008
Faurecia Exhaust, 353 NLRB No. 34 (Sept. 30, 2008), reviews some basic principles of NLRB law. Specifically, the NLRB reviews how to treat mixed motivation cases. As the Board stated:Faurecia Exhaust, 353 NLRB No. 34 (Sept. 30, 2008), reviews some...

Ex-Dechert Attorney Sues Firm, Alleging False Work Promises, Religious Discrimination

Posted on October 24, 2008
Ex-Dechert Attorney Sues Firm, Alleging False Work Promises, Religious Discrimination is an interesting Oct. 6, 2008 news article. It is about a lawsuit filed by a big firm associate after he was terminated. He claims religious discrimination and that the...

Firefox Legal Research Extension

Posted on October 24, 2008
Jureeka is a Firefox extension which is designed specifically for lawyers and legal researchers. It is designed to turn legal citations in web pages into hyperlinks that point to online legal source material. I just started using Firefox and it...

7th Notes Circuit Split Re: Whether Person Who Rejects Supervisor's Advance Engages In Protected Activity For a Title VII Retaliation Claim

Posted on October 24, 2008
Tate v. Executive Management, ___F.3d___(7th Cir. Oct. 10, 2008) is an important Title VII case that is ripe for law review commentary. Title VII, of course, outlaws both discrimination and retaliation. To establish a prima facie case of retaliation, a...

Gift of Company Stock Is Not A Mandatory Subject Of Bargaining

Posted on October 24, 2008
UNITE HERE v. NLRB, ___F.3d___(2d Cir. Oct. 14, 2008), is an interesting decision which enforced the decision of the NLRB below. A company unilaterally gave its employees stock without bargaining. The court held that the this was not an unlawful...

New Legal Search Engine From Lexis

Posted on October 24, 2008
LexisWeb is a new legal search engine from LEXIS. It searches the internet for legally related cites. It is also free. It is worth checking out. Mitchell H. Rubnstein

2d Issues Short Primer on Title VII

Posted on October 24, 2008
I bring Avaya v. Davis, ____F.3d____(2d Cir. Oct. 2, 2008), to your attention because it is a short decision which contains a nice summary of the elements of a Title VII case. As the court stated: On a motion for...

5th Holds That Plaintiff Is Not An Employee Under FLSA Even Though He Is An Employee Under Title VII

Posted on October 22, 2008
Hopkins v. Cornerstone America, ___F.3d___(5th Cir. Oct. 13, 2008) is a major employment law case that has gone relatively unnoticed. At issue is whether certain sales leaders were independent contractors or employees under the FLSA. The 5th held that these...

IWW Beats Back RICO and 303 Damage Action

Posted on October 22, 2008
Remember the IWW or the Wobblies. They actually still exist, but on a much lesser scale than in the 1950's. Wild Edibles v. IWW, ____F.Supp.2d___(S.D.N.Y. Oct. 16, 2008)(registration required), is an important RICO and 303 case. The union allegedly participated...

$10,000 Limit On Mental Distress Damages Without Medicial Treatment

Posted on October 22, 2008
Iroquois Nuring Home v. NYSDHR, ___A.D.3d___(4th Dep't. Oct. 3, 2008), is an important New York employment discrimination case. The court specifically limits damages for metnal anguish and humiliation to $10, 000 unless plaintiff sought medical treatment...

2nd Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII

Posted on October 22, 2008
Kiley v. ASPCA, ___F.3d___(2d Cir. Oct. 2, 2008), is a short decision which reviews several fundamental Title VII principles. The court holds that discrimination on account of sexual orientation is not actionable. Additionally, the court recognizes a cause of action...

NY Court of Appeals Once Again Affirms Employment-at-Will Doctrine

Posted on October 21, 2008
Goldman v. White Plains Center, ___N.Y.3d___(Oct. 16, 2008), is an important New York Employment-at-Will decision. Plaintiff in this case had a two year employment contract. After her contract expired, she continued to work. She claimed that she had a common...

NLRB Advice Memo On Attorney Work Product

Posted on October 21, 2008
Health Professionals, 11-CB-10589 (Div. of Advice Aug. 13, 2008), is an excellent Advice Memo I just noticed. It concludes that the union did not violate 8(b)(3) by refusing to turn over certain notes in connection with an arbitration because those...

Role of State Law In Labor Law

Posted on October 21, 2008
Professor Paul Secunda and Jeff Hirsh had an interesting scholarlly debate on PENNumbra, Univ.of Pa., online law review companion journal, about workplace federalism. Secunda basically argues that more state intervention is needed for employees because federal labor law provides very...

Appellate Division rules disciplinary penalty imposed on employee excessive

Posted on October 21, 2008
Matter of Gomez v Kelly, 2008 NY Slip Op 07181, Decided on October 2, 2008, Appellate Division, First Department New York City Police Commissioner Raymond W. Kelly found Manuel Gomez guilty of five charges of misconduct and as the penalty...

Conference: Judicial selection in Washington

Posted on October 21, 2008
There will be an interesting conference next month in Seattle for those interested in the ongoing debate on judicial selection. The University of Washington School of Law and the Judicial Selection Coalition are joining to present "Selecting Judges in Washington...

Grandparents Who Stand In In Loco Parentis Relationship May Be Entitled To FMLA Leave

Posted on October 20, 2008
A little known provision of the FMLA is that leave is permitted to care for a son or daughter or an in loco parentis relationship. In loco parentis is latin for in place of parent. It is not too hard...

Simpson Thacher Gets Bailout Contract

Posted on October 20, 2008
Simpson Thacher to Get $300,000 From Treasury Department for Bailout Work is a Oct. 20, 2008 American Lawyer article that really has surprised me. The article reports that the U.S. Treasury retained Simpson Thacher as its lead legal advisor with...

Sterotypes of Woman Lawyers

Posted on October 20, 2008
An interesting Sept. 30, 2008 article from the Wall Street Journal Law Blog is entitled Stereotypes, Bias in Workplace Performance Reviews. The article reports that woman in law firms are still the victim of sexual sterotyping. As the article states:...

Scope of Appellate Review

Posted on October 20, 2008
I bring Arora v. Starwood Hotels, ___F.3d___(5th Cir. Sept. 30, 2008) to your attention because it reviews several basic procedural principles. First, the scope of appellate review is limited to those issues raised below. Second, hearsay cannot be used to...

Hiring freeze at William and Mary

Posted on October 20, 2008
Alfred Brophy (North Carolina) at Faculty Lounge and David Bernstein (George Mason) at The Volokh Conspiracy both commented this weekend on reports that William & Mary has instituted a hiring freeze in response to state budget cuts. Both posts discuss...

Epstein Becker Settles With Headhunter

Posted on October 19, 2008
Headhunters charge enormous somes of money to "recruit" attorneys. What if something goes wrong. They sue, of course. Epstein Becker to Settle Suit With Recruiter is an interesting Oct. 2, 2008 New York Law Journal article about one such case....

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