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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

NLRB Suspends Advocate From Practicing Before Board For 6 Months

Posted on September 23, 2008
To appear before most administrative agencies, one does not have to be a lawyer. Therefore, these advocates are not subject to attorney discipline rules. However, some agencies, such as the NLRB, have the authority to discipline advocates that appear before...

Picket ruling may fuel labor tensions

Posted on September 23, 2008
Picket ruling may fuel labor tensions is an intesting September 8, 2008 National Law Journal article (registration required). It discusses United Brotherhood of Carpenters v. NLRB, No. 05-75295 (9th Cir. Aug. 25, 2008) which held that union members could picket...

Grading

Posted on September 23, 2008
TaxProf has picked up an interesting clip on Greta Van Susteren and others talking about their grading experience as teachers. I think grading is among the most important things we do and while there is always a certain amount of...

Web Based E-Mail Such As Yahoo And G-Mail May Not Be Secure

Posted on September 22, 2008
Lawyers take note. Web based e-mails such as Yahoo and G-Mail may not be secure. Palin E-Mail Hack Shows Webmail's Flaw is a September 20, 2008, P.C. World article that discusses the recent compromise of Gov. Palin's Yahoo account. According...

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The Law of Blogging

Posted on September 22, 2008
The media bloggers association is sponsoring a free online class about the law surrounding blogging. A September 19, 2008 Press Release describes the class as follows: The Poynter Institute's NewsU unveiled today a free online learning course that offers legal...

9th Holds Legal Arizona Workers Act was not preempted by Immigration Reform and Control Act (IRCA).

Posted on September 22, 2008
CPLC v. Napolitano, __F.3d___ (9th Cir. Sep't. 17, 2008), is an important IRCA and preemption case. The Legal Arizona Workers Act, which allowed Arizona courts to suspend or revoke the business licenses of employers who knowingly or intentionally hired unauthorized...

NLRB Election Overturned Based Upon Altered Ballot

Posted on September 22, 2008
Foster Poultry Farms, 352 NLRB No. 136 (Aug. 26, 2008), is an interesting decision. The Board overturns an election and sustains the union's Objections because an altered ballot was used. The altered ballot did not include the mandatory disclaimer language...

Is Greed and Ethical Abuse The Cause Of The Current Financial Crisis?

Posted on September 21, 2008
California State Business Law Professor James Highsmith wrote an interesting article from the September 20, 2008 Fresno Bee entitled Greed, ethical abuses add to financial crisis Download fresnobee_com_valley_voices_james_highsmith_greed_ethical_abuses_add_to_financial_crisis...

The Importance of Technology To Legal Practice

Posted on September 21, 2008
Via BlackBerrys and backup systems, attorneys working through Gustav is an interesting September 3, 2008 National Law Journal article which demostrates how technology has changed law firm and corporate practices. It discusses how law firms were able to continue to...

Bipartisan Judicial Screening Panels??

Posted on September 20, 2008
Cooling Off Judicial Selections is a very interesting September 8, 2008 National Law Journal article (registration required). It discusses a recent recommendation by the American Bar Association to expand the use of bipartisan judicial nomination commissions...

Senator Biden and Federal Judges

Posted on September 20, 2008
Joe Biden and the Judges is an interesting, but short September 8, 2008 Legal Times article. It discusses some of the judicial hearing Senator Biden chaired including the Clarence Thomas and Judge Bork nominations. The article postulates that Biden will...

Senate Committee Approves Bill Establishing Employment Standards For Employees Who Work In Nursing and Other Long Term Care Settings

Posted on September 19, 2008
The Senate Finance Committee approved a bill last week that would establish a nationwide system of criminal background checks for employees working in nursing homes, home health agencies, and other long-term care settings. The Patient Safety and Abuse Prevention Act...

Request for reconsideration of an administrative decision does not toll the statute of limitation

Posted on September 19, 2008
Matter of Lavin v Lawrence, 2008 NY Slip Op 06644, Decided on August 19, 2008, Appellate Division, Second Department The Nassau County Civil Service Commission disqualified Andrew Lavin for appointment to a position as a Nassau County Police Officer on...

Financial investment data concerning public official's spouse subject to disclosure pursuant to the Freedom of Information Law

Posted on September 19, 2008
Matter of Humane Socy. of United States v Fanslau, 2008 NY Slip Op 06681, Decided on August 28, 2008, Appellate Division, Third Department In Capital Newspapers Div. of Hearst Corp. v Burns, 67 NY2d 562, the Court of Appeals said...

7th Holds Merely Being Written Up Without More Is Not An Adverse Employment Action

Posted on September 19, 2008
DeLarama v. Illinois Dep't. of Human Services, ____F.3d____(7th Cir. Sep't. 4, 2008) illustrates the importance of finding that a certain action is an adverse employment action under Title VII. The 7th held that the employer's recording of absences in the...

Three Important Films About OSHA

Posted on September 18, 2008
Posted on YouTube are three films from 1980 that tell about the horrors which lead to the passage of OSHA in 1970. The YouTube website where this is posted states that these films were produced at the end of the...

Legal Crossroads Conference

Posted on September 18, 2008
I attended and presented at the recent Legal Crossroads Conference hosted by U of Washington Law School in Seattle. This conference was convened to examine and discuss progress made by law schools in approaching the various reforms raised in the...

Court directs agency to reconsider its decision to terminate a probationary employee

Posted on September 18, 2008
Court directs agency to reconsider its decision to terminate a probationary employee Matter of Wharton v New York City Department of Correction, 2008 NY Slip Op 32289(U), Supreme Court, New York County, Docket Number: 0103493/2008, Justice Kibbie F. Payne [Not...

AFL-CIO Campaign In Support of Employee Free Choice Act

Posted on September 18, 2008
The AFL-CIO is supporting the Employee Free Choice Act which would significantly amend the NLRA to allow for card check elections and increase employer penalties. A fact sheet about this pending Bill is available here. A TV ad that is...

7th Once Again Demonstrates How Narrow BFOQ Defense Is

Posted on September 18, 2008
Henry v. Milwaukee Co., ____F.3d____(7th Cir. August 20, 2008), illustrates how narrow the BFOQ to Title VII really is. The Seventh Circuit rejected a county's bona fide occupational qualification (BFOQ) defense and held that two female juvenile corrections officers prevailed...

7th holds employee was 1.2 hours shy of FMLA eligibility

Posted on September 17, 2008
Pirant v US Postal Service___F.3d___(7th Cir. Sept. 4, 2008) reviews the eligibility requirements of the FMLA. An employee was not eligible for FMLA leave after it was shown she had only worked 1,248.8 hours, and not the statutorily required 1,250...

7th holds secret tape-recording of superiors in jailer's harassment suit not protected activity

Posted on September 17, 2008
The 7th Circuit decision in Argyropoulous v. City of Alton, ___F.3d___(7th Cir. Aug. 26, 2008) is an important case. A woman jailer who surreptitiously tape-recorded a closed door meeting with two of her superiors in connection with a sexual harassment...

The Importance of Whistleblowers

Posted on September 17, 2008
On September 1, 2008 (Labor Day), the New York Times ran an interesting story entitled Whistle - blowers help US recoup $9.3 billion. Since 1996, whistleblowers helped the governmen recover 9.6 billion dollars and the whisleblowers themselves were paid 1...

Shopping Mall Restriction On Speech Violates NLRA

Posted on September 17, 2008
United Brotherhood v. NLRB, ___F.3d__(9th Cir. Aug. 25, 2008), is an interesting decision. A shopping mall imposed several restrictions on speech. In finding this unlawful, the court summarized existing law as follows: Under Lechmere and subsequent cases, the rights of...

Court Upholds Subpoena Of Attorney Records In Connection With Pension Fraud Investigation

Posted on September 16, 2008
As just about everyone who practices Education Law in New York knows, Attorney General Cuomo is investigating hundreds of lawyers who may be collecting public pensions from the Teachers Retirement System even though they were not employed by the school...

Mass Supreme Ct. rejects whistleblower claim objecting to proposed staff-patient ratios

Posted on September 16, 2008
The Supreme Court of Mass issued an important decision in Romero v. UHS, ___N.E. 2d___(Mass Sept. 4, 2008).The director of a partial hospitalization program could not assert claims under Massachusetts' medical provider whistleblower statute based on a reorganization that resulted...

Workers' one-month reinstatement delay and temporary overtime limits did not violate NLRA, following 14-year lockout.

Posted on September 16, 2008
Fresh Fruit v. NLRB, ___F.3d___(9th Cir. Aug. 21, 2008) is an interesting and unusual case.An employer's one-month delay in reinstating vegetable-processing employees and limitation on overtime opportunities during their 4-week retraining, after a 14-year lockout, was not inherently destructive, given...

Employee Who Could Not Read Employment Contract Is Bound By Its Arbitration Requirement

Posted on September 16, 2008
Morales v. Sun Constructors, Inc. , No. 07-3806 , ___F.3d___(3d Cir. Aug. 28, 2008), is an interesting and important decision to be aware of. In a wrongful-termination suit, plaintiff-employee's inability to read in English the employment agreement he signed, which...

Law Prof Study On Affirmative Action Sparks Controversary

Posted on September 15, 2008
Affirmative Action Study Sparks Controversary is an interesting Sept. 14, 2008 San Francisco Chronicle article about controversial resarch on affirmative action being done by UCLA law professor Richard Sander. About 2 years ago, Professor Sander wrote a law review articlesuggesting...

Adjunct Law Professor Joe Biden

Posted on September 15, 2008
The Daily Local News ran an interesting September 7, 2008 news story entitled Biden, an amazing professor. It includes interviews from several of Senator Biden's former students who are now attorneys. All who were interviewed stated that he was a...

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