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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

Go Read A Book!

Posted on July 16, 2008
I just wrapped up my summer Business Organizations class. I used two techniques to help provide students background and context. The first was to assign a fairly recent book, Corpocracy, by well-known shareholder activist Robert Monks. The author introduces students...

NY Court Orders Newspaper To Disclosure Identity of Anonyomous Blogger

Posted on July 15, 2008
Ottinger v. The Journal News, ___Misc. 3d ___ (Westchester Co. July 8, 2008) is an extremely important case of first impression in New York. The plaintiff, a former Dean of Pace Law School, claimed that an anonyomous blogger defamed him...

6th Abandons McDonnell Douglas Test In Mixed Motive Cases And In So Doing Creates A Circuit Conflict

Posted on July 15, 2008
White v. Baxter Health Care, ___F.3d___(6th Cir. July 3, 2008), is an important case to be aware of. The 6th Circuit held that the McDonnell Douglas/Burdine burden-shifting rubric does not apply to Title VII mixed-motive cases at summary judgment. This...

Union Representation Without Intimidation

Posted on July 15, 2008
Senator Arlen Spector and a member of his staff, Harvard Law student Eric Nguyen posted on SSRN what they termed a "policy essay" entitled Representation Without Intimidation: Securing Workers' Right to Choose Under The National Labor Relations Act, 45 Harvard...

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NYS Commissioner of Education No Longer Has Jurisdiction To Decide Education Law 3020-a Disciplinary Matters

Posted on July 15, 2008
Recently, the NYS Commissioner of Education issued two important decisions which reaffirm that he does not have jurisdiction to decide Education Law 3020-a disciplinary matters. In Appeal of T.W., ___Ed. Dept. Rep. ___, No. 15,735 (2008), the Commissioner held that...

11th Enc Banc Opinion Reverses District Court Which Upheld Strip Search of 13 year Old

Posted on July 14, 2008
Redding v. Stafford Unified School Dist., ___F.3d___(9th Cir. (enc banc) is an important cases addressing the right of school officials to strip search students. The decision is 75 pages long and the decision is divided. The decision which appears to...

Supreme Court Relies On Original Intent

Posted on July 14, 2008
Supreme Court Finds History Is A Matter Of Opinion is an interesting July 13, 2008 LA Times Newspaper article. It is about how the Court has recently relied more on original intent in making decisions. As the article states: This...

Employee Who Reports Possible Corruption Not Protected Under First Amendment

Posted on July 14, 2008
Healy v. City of New York, ___F.3d ___ (2d Cir. June 30, 2008), once again demonstrates how narrow public employee free speech rights are. An inventory clerk who uncovered possible corruption was not protected under the First Amendment because he...

Student On Teacher Sexual Harassment

Posted on July 14, 2008
We previously reported on student on teacher sexual harassment and about a shocking decision which placed a heighted burden on the teacher to establish sexual harassment because the student had special needs. Now comes word that a similar type of...

Review of Litigation

Posted on July 14, 2008
The Spring 2008 issue of Review of Litigation (Texas) is on the shelves. This issue includes Rachel K. Alexander (South Dakota) with "Taking the Detour Around Defending Protected Activity: How Burlington Northern & Santa Fe Railway Co. v. White Unnecessarily...

NY Times Reporter Linda Greenhouse Retiring To Become Law Professor At Yale Law School

Posted on July 13, 2008
2691 Decisions is an interesting July 13, 2008 NY Times article by Linda Greenhouse, who served as the Times Supreme Court reporter for 30 years. Greenhouse is retiring to become a law school professor at Yale Law School. This article...

David Caro on Class Actions

Posted on July 13, 2008
David Caro, a long time former U.S. Postal Service labor attorney writes to inform us of an article he recently published which might be of interest to our readers entitled Common Sense About Common Claims, 25 HOFSTRA LAB. & EMP....

Recently Published Scholarship BYU Education and Law Journal

Posted on July 12, 2008
The following items may be found in the Volume 2008, No. 1 issue of the Brigham Young University Education and Law Journal. Articles On Student Rights in the Year of Brown: A Legal, Psychological, and Policy Analysis by A.J. Angulo...

Recently Published Scholarship U. of Penn J. Bus. and Employment Law

Posted on July 12, 2008
The Journal of Business and Employment Law is Currently working on Volume 10 FORTHCOMING ISSUES Volume 10 Issue 1 Articles: Law, Economics, and Accommodations in the International Labor Market Seth Harris Economics Makes Strange Bedfellows: Pensions, Trusts, and Hedge Funds...

Recently Published Scholarship Hofstra Labor and Employment Law Journal

Posted on July 12, 2008
ARTICLES The Employment Discrimination Provisions of the Americans with Disabilities Act: Implementation and Impact (PDF) Scott Burris Kathryn Moss 1 Common Sense About Common Claims (PDF) David G. Karro 33 The Creative Necessity Defense, Free Speech, and California Sexual Harassment...

11th Holds Retroactive Pay Increase Does Not Preclude Finding of Adverse Employment Action

Posted on July 11, 2008
Crawford v. Carroll, ___F.3d___, 2008 WL 2246677 (11th Cir. June 3, 2008), is an important decision to be aware of. The plaintiff asserted that he was denied a merit pay increase because of his race. Although the employer eventually awarded...

National Law Journal Article on Former NLRB Chair Bob Battista

Posted on July 11, 2008
Battista Board's Legacy is an important July 7, 2008 National Law Journal article (registration required) for labor scholars and lawyers. The article assess the significance of the Battista board. Battista left the Board at the end of December and his...

Ethics In Arbitration

Posted on July 11, 2008
Attorney Steven Bennett just published an excellent article entitled "Who Is Responsible For Ethical Behavior By Counsel In Arbitration, 63 Jul Disp. Resol. J. 38 (May-July 2008)(available via Westlaw). The answer to the questions raised by this article are not...

Falsification of Documents Disqualifies Employee From Unemployment

Posted on July 11, 2008
Employees discharge for misconduct are not eligible for unemployment. What constitutes misconduct is often litigated. In Matter of Novak v. Commissioner, ___A.D. 3d___(June 26, 2008), an employee was found to have falsifed her time sheet because she was seen at...

UC Irvine Law Announces Hires

Posted on July 11, 2008
Brian Leiter's Law School Reports posted the press release from UC Irvine Law announcing the new school's founding faculty and administrative team. Professor Leiter's post is here, and the UC Irvine press release is here. Craig Estlinbaum

Hourly Rate Engagement Letter Held Not Ambiguous

Posted on July 11, 2008
A client hires an attorney to represent him in a case. The client signs an engagement letter to pay the attorney $200.00 per hour and further agrees to rates applying to the attorney's staff. The attorney and client negotiate a...

Law Review Articles and Symposia of Interest

Posted on July 11, 2008
The summer months often find law review releasing the final issues from the prior school year's volume and this year is no different. Here are some highlights so far from law reviews released so far this summer: Yale Law Review...

Sleeping Is A Major Life Activity

Posted on July 10, 2008
Desmond v. Gonzales, ____F.3d____ (D.C. Cir. July 1, 2008) is an important disability discrimination case of first impression. In a decision which spanned 43 pages, the DC Circuit Court held that plaintiff who suffered from post-traumatic stress disorder-related (PTSD) sleeplessness...

Judicial Advisors To McCain and Obama

Posted on July 10, 2008
Judicial advisers line up behind candidates is an interesting July 7, 2008 National Law Journal article (registration required). It is about who has been whispering in the ears of presidential hopefuls John McCain and Barack Obama with respect to future...

E-Mail Subpoenas

Posted on July 10, 2008
Subpoenas Seeking E-Mails Meet Resistance is an interesing June 24, 2008 National Law Journal article (registration required). This short article discusses the fact that Internet service providers are starting to challenge email subpoenas with some success...

Can Employees Recover Bonus Payments After Termination??

Posted on July 10, 2008
New York Law School Visiting Professor Howard Meyers wrote an interesing June 27, 2008 New York Law Journal article entitled Recovering Unpaid Bonus Payments in Turbulent Times (registration required). This article focuses on the securites industry, but this issue can...

2d Holds Court Has Jurisdiction To Confirm Arbitration Award Involving A One Employee Bargaining Unit

Posted on July 09, 2008
Local 377 v. 1864 Tenants Association, ___F.3d___(2d Cir. July 8, 2008), is a very unusual case. It involves the confirmation of an arbitration award in a unit involving only one employee. The Court, in a rather short opinion, rejects the...

Optimal Retirment Age

Posted on July 09, 2008
Professors Jon Barry Foreman and Bing Yung-Ping Chen just posted on SSRN an article entitled Optimal Retirement Age that will be published in NYU review of Employee Benefits and Executive Compensation. Their abstract describes their article as follows: What is...

AP sets up a toll booth for bloggers citing its stories

Posted on July 09, 2008
AP sets up a toll booth for bloggers citing its stories is an important story for us bloggers from Beta News. It reports that the Associated Press will now charge us bloggers for quoting their stories. As the article states:...

Former Law Student's Law Suit Against Law School For Failing To Obtain ABA Accredition Dismissed

Posted on July 09, 2008
Rodi v. Southern New England School of Law, ___F.3d___(1st Cir. June 30, 2008) is an interesting case. A law school graduate brought suit against Southern New England School of Law because it did not receive ABA accredition and therefore, plaintiff...

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