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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

Wiki For Lawyers

Posted on August 10, 2008
By now most of us realize the value of a Wiki. A Wiki is a collobrative web site where just about anyone can add content. There is a new Wiki in Town, this one is designed for lawyers. Its called...

Bill amending Civil Service Law Section 75 to require the appointment of ?independent hearing officers? vetoed

Posted on August 10, 2008
There have been a number of reports in newspapers and other media indicating that the Governor has signed a bill amending Section 75 of the Civil Service Law to require the appointment of independent hearing officers for disciplinary hearings. Although...

New Adjuncts

Posted on August 10, 2008
What advice would you give to a new adjunct at your law school? Here is mine from our orientation session. 1. Write down on a piece of paper why you are doing this (it can't be for the money!). Periodically...

2007 Placement Stats Are Out

Posted on August 09, 2008
2007 apparently was a good year for law school graduates seeking their first job. However, 2008, is not expected to match 2007. A July 29, 2008 American Lawyer article summarizes A NALP survey as follows: Nearly 92 percent of 2007...

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Interesting Article About NJ Employment Law

Posted on August 09, 2008
The July 31, 2008 NJLJ ran an interesting article entitled Punitive Damages Not Recoverable in Doctor's Suit Over Dismissal which describes how difficult it is to obtain punitive damages in employment cases as well as how hard it is to...

Secunda on Labor Law Preemption

Posted on August 08, 2008
Marquette Professor Paul Secunda wrote an interesting August 7, 2008 essay for the National Law Journal entitled No obstacle to WFA concerning the Supreme Court's recent labor law preemption decision in Brown v. Chamber of Commerce. Professor Secunda, of Workplace...

Does Law Professor Quality Matter?

Posted on August 08, 2008
Does Law Professor Quality Matter? is a very interesting posting from the August 7, 2008 Law Librarian Blog. Joe Hodnicki, who runs that blog as well as being one of the owners of the host network of this blog (the...

California's Western State Law School To Be Sold To Investment Group

Posted on August 08, 2008
The July 23, 2008 National Law Journal reported in a story entitled Calif. law school to be sold to investment group that California's Western State Law School is going to be sold to an investment group. Western State is provisionally...

Attorney may not withdraw from OATH hearing (administrative Civil Service Law Hearing) without client?s permission

Posted on August 08, 2008
Health & Hospitals Corp. (Lincoln Medical & Mental Health Center) v. Wolf, OATH Index No. 2153/08 (June 3, 2008). Under OATH's rules, an attorney who has filed a notice of appearance may not withdraw from representation without the client's permission...

FMCS Issues Notice of Proposed Rule Making Re: Arbitration

Posted on August 07, 2008
On August 6, 2008, the FMCS has issued a Notice of Proposed Rule making with respect to arbitration and proposed several amendments to 29 CFR Part 1404. Download FMCS_proposed_rules.pdf Comments will be accepted for 60 days. Among the highlights of...

Jackson Lewis Article On Employee Free Choice Act

Posted on August 07, 2008
The August 7, 2008 New York Law Journal contains an interesting article entitled Perspective: 'Employee Free Choice Act' Is About Compulsion (registration required). It is written by senior Jackson Lewis partner Martin Payson so before reading it you know he...

Defamation, Blogs and The Internet

Posted on August 07, 2008
Findlaw's Julie Hilden wrote another interesting story on July 23, 2008 entitled Defamation and the Internet: How the Law Effectively Allows Bloggers to Take Risks Big Media Companies Can't, and How Companies Can Work to Level the Playing Field.The article...

New York Enacts Permanent Agency Fee Legislation

Posted on August 07, 2008
Unions are responsible in both the private and public sector to represent everyone in the bargaining unit. New York recently passed permanent Agency Fee legislation which mandates that everyone one in a Taylor Law bargaining unit pay union dues, even...

Washington Supreme Court Holds Unsubstantiated Allegations Of Sexual Misconduct By Teachers Does Not Have To Be Disclosed

Posted on August 06, 2008
One of the most difficult issues in education law to deal with are teachers accused of sexual misconduct. Some of these teachers are undoubtably guilty; however many are not. Should the names of teachers who are not convicted be subject...

Employer Provided Cell Phones As Taxable Income

Posted on August 06, 2008
TaxProf Blog ran a very interesting August 5, 2008 posting entitled Proposed Bill Would Allow Tax-Free Employee Cell-Phone Use. Prof. Caron reports that cell phones provided by employers are generally taxable. Therefore, the Tax Code encourages employers not to provide...

Important New Law Review Article On IDEA Eligibility

Posted on August 06, 2008
DePaul Law School Professor Mark Weber just published on SSRN an important law review article entitled "The IDEA Eligibility Mess." The abstract provides: The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities a free public education appropriate to...

NY Issues Statewide Guidelines For Training Mediators

Posted on August 06, 2008
New York has established for the first time statewide guidelines for the qualifications and training of mediators and neutral evaluators who are called into cases by judges seeking to encourage out-of-court settlements. New York's Chief Administrative issued the new rules...

Dental Student Unsuccessfully Sues NYU For Failing To Allow Him To Complete His Degree. Case Should Have Been Brought As Under Article 78

Posted on August 05, 2008
Eidlisz v. New York University, ___Misc. 3d___(N.Y. Co. July 28, 2008), is an important Education Law decision to be aware of. A NYU dental student sought to re-enroll 2 years after he found out that he did not complete all...

11th Rejects Claim of Racial Discrimination Even Though Racial Epithet Was Said

Posted on August 05, 2008
Butler v. Alabama Dep't of Transportation, ___F.3d___(11th Cir. July 30, 2008), is an interesting case. The 11th held that a black employee's subjective belief that a white employee's racial epithet which was directed at a black driver whose car hit....

More Google Tips

Posted on August 05, 2008
Life Hacker published Google School which includes a series of research tips using google. It includes information about narrowing searches by date as well as other research tips. The Law Librarian blog also published links to other cites offering google...

Juror pay in Minnesota is slashed 50% to $10 Because of Budget Problems

Posted on August 05, 2008
Juror pay in Minnesota is slashed is an interesting July 22, 2008 National Law Journal article. The article reports that because of budget cuts, juror pay is being reduced from $20 per day to $10 per day. This is ridiculous....

Indiana Becomes First State In Country To Recognize Cause Of Action For Workplace Bullying

Posted on August 04, 2008
Beyond Traditional Tort Law, ?Desk Rage? is Now a Potential Claim is an important August 1, 2008 ABA Blog story. It reports on Raess v. Doescher, 883 N.E.2d 709 (April 8, 2008), which reportedly held that "workplace bullying" can be...

Obama and Affirmative Action

Posted on August 04, 2008
Delicate Obama Path on Class and Race Preferences is a very interesting and perhaps telling August 3, 2008 New York Times article about Obama's views concerning affirmative action. The article describes Obama as a law student and Senator supporting affirmative...

Nice Short Article On Enqquist Class of One Equal Protection Case

Posted on August 04, 2008
Public Employee "Class-of-One" Claims Rejected is a well written July 22, 2008 New York Law Journal article about Engquist v. Oregon Dept. of Agriculture, ___U. S. ___(2008), which rejected the class of one equal protection theory in the context of...

On-Campus Interviews For Students

Posted on August 04, 2008
It is almost that time of year again. The on-campus recruitment season at our nations law schools. Scared and Seeking Work is an interesting July 21, 2008 National Law Journal article which is a "must read" for law students. The...

Budget Cuts Threaten UNLC Boyd School of Law

Posted on August 03, 2008
InBusiness ran an interesting Aug. 1, 2008 story about UNLV Boyd School of Law. The school is facing serious budget cuts. Tutition may increase from $9,800 last academic year, to $20,000 in 2011. As the article states: Hat Tip: Lawschool.com...

Trouble At Barkley School of Law (formerly American Justice School of Law)

Posted on August 03, 2008
The July 28, 2008 Wall Street Law Journal Blog has an interesting story about Barkley School of Law after American Justice School of Law, a for profit Kentucky law school failed to win ABA accredition. Apparently, this law school intends...

More On My Running Debate With Gerry Spence About The Importance of Law School

Posted on August 02, 2008
Famed attorney Gerry Spence recently started a blog. He wrote a controversial piece entitled Defrauding Our Nation's Lawyers where he is very critical of today's legal education. I recommend that readers read his posting as well as the multiple comments...

International Labor Organization Issues Decision Finding That Graduate Students Are Employees

Posted on August 01, 2008
Last month, the ILO issued a decision holding that graduate students are employees. A copy of that decision is available here Download ilo.pdf. The decision is not binding because the United States has not ratified the requsite international treaty. The...

Daddy Track For Associates

Posted on August 01, 2008
Daddy Track is an interesting July 1, 2008 American Lawyer article about paid paternity leave being given to law firm associates. As the article states: Real men put their careers on hold for babies. At some of the most profitable...

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