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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

Rubinstein Law Review Article: Parents As Quasi-Therapists Under The Individuals With Disablities Education Act

Posted on July 08, 2008
I am delighted to announce the publication of my latest article, Parents As Quasi-Therapists Under The Individuals With Disabilities Education Act, 76 Univ. Cinn. L. Rev.899 (2008). Though this article is primarily about the IDEA, I discuss the similarities to...

2d Issues Major Decision Upholding Election of Remedies Provision In CBA

Posted on July 08, 2008
Richardson v. Commission on Human Rights, ___F.3d___(2d Cir. July 7, 2008), is a major employment discrimination case. In a 24 page fairly well reasoned opinion, the court upholds the use of an election of remedies provision in a CBA. The...

Employment Rights Of Our Returning Soliders

Posted on July 08, 2008
After Duty, New Chance for Old Job is an interesting June 23, 2008 New York Times article. It is about some of the employment problems our returning veterans face. It is unclear exactly how many of veterans face employment issues....

7th Affirms Summary Judgement On ADA Claim Against Air Traffic Controller

Posted on July 08, 2008
Bellino v. Peters, ___F.3d ___(7th Cir. June 19, 2008), demonstrates an important principle of employment discrimination under the ADA. A plaintiff does not get to pick his reasonable accommodation. If he is offered one and refuses it, his case will....

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More Comment on 2 Year Program at Northwestern

Posted on July 08, 2008
There is more commentary on NW's propsed 2 year program. I find this very interesting, particularly the role of the elite law firm market in this model. EAL

Tenured Teacher May Not Be Dismissed Without Due Process

Posted on July 07, 2008
Matter of Pollock v. Kiryas Joel Union Free School Dist., __A.D.3d___ (2d Dep't. June 17, 2008), demonstrates fundamental New York education law principals. A tenured teacher has a property interest in his job and cannot be disciplined without going through...

Affirmative Action on the Ballot in Arizona and Nebraska

Posted on July 07, 2008
Petitions Are Filed for Arizona and Nebraska Referenda on Affirmative Action is an important July 3, 2008 story from the Chronical of Higher Education. This article reports that these two states, together with Colorado will have on their election ballots...

Professor Job Applicant Looses Failure To Hire Discrimination Claim

Posted on July 07, 2008
I bring Sarmiento v. Monclair State University, ___F.3d___(3d Cir. July 3, 2008), because it is an extremely well written decision which lays out the elements and shifting burdens of proof under Title VII in a logical and well reasoned manner....

Are Blogs Legal Scholarship??

Posted on July 07, 2008
I just came across Brian Leiter, Why Are Blogs Bad For Legal Scholarship, 116 Yale L. J. Pocket Part 53 (2006), which I read with great interest. Professor Leiter, who runs several well know blogs himself,( here ) main point...

HAPPY 73rd Birthday To NLRA

Posted on July 06, 2008
July 5, 2008 marked the 75th Birthday of the NLRA. It was signed into law by President Roosevelt on July 5, 1935. Although this statute has many faults, it unquestionable is the grandfather of most, if not all, employment laws....

Do Unions Need To Improve Working Conditions Of Non-Union Workers?

Posted on July 06, 2008
Steven Greenhouse wrote an interesting June 23, 2008 New York Times article entitled Labor Needs To Improve Conditions For Nonunion Workers, Official Warns. The article quotes Ed Ott, executive director of the New York City Central Labor Council, an umbrella...

Plaintiff Lawyer Awarded $600 per hour in Employment Discrimination Case

Posted on July 05, 2008
A plaintiff's lawyer, yes a plaintiff's lawyer, has been awarded $600 per hour in legal fees incurred in a discrimination case. The lawyer is Kathleen Peratis of Outten & Golden , which is probably the premier plaintiffs side law firm...

Congress To Hold Hearings On Transgender Discrimination Issues

Posted on July 05, 2008
Bay Windows, a newspaper which largely serves the gay community, ran an interesting June 18, 2008 story about scheduled House Hearings on gender identity issues. As the article points out, earlier this year, the House passed a Bill which did...

HAPPY JULY 4th TO ALL ADJUNCT LAW PROF BLOG READERS

Posted on July 04, 2008
July 4th is a holiday that virtually everyone know about. The meaning of Independence Day is enshrined in most elementary age school children. In case anyone needs brushing up on this, Wikipedia has an excellent summary of this holiday. On...

Take Your Dog To Work Day

Posted on July 04, 2008
The June 20, 2008 ABA Law Journal Blog reports that June 20, 2008 was the 10th annual take your dog to work day. What a great idea! I did not even know that this day existed. It may however, be...

Deans Comment On Proposed Change in Law School Rankings

Posted on July 04, 2008
The National Law Journal's Peter Page reports in an upcoming article that some deans are opposing a proposal by U.S. News and World Report to include the undergraduate grades and LSAT scores of incoming part-time students into their influential law...

NYS Court of Appeals Issues Major Health Care Whistleblower Decision

Posted on July 03, 2008
As we reported on Jan. 8, 2008, the 2d Circuit certified to the NYS Court of Appeals two questions. The first involved waiver under NY Labor Law Sec. 740 and far more significantly who is a health care employee under...

NYS Court of Appeals Holds Mediation Privilege May Be Waived

Posted on July 03, 2008
Hauzinger v. Hauzinger, ___N.Y.3d___(June 26, 2008), is a short, but important decision. In a divorce action, the wife was entitled to disclosure of information pertaining to mediation because the privilege was waived by agreement. As the Court reasoned: Plaintiff husband...

19 Year Old Sales Associate Prevails In Discrimination Suit Against Wal-Mart

Posted on July 03, 2008
Brady v. Wal-Mart Stores, Inc., ___F.3d___(2d Cir. July 2, 2008), is a well reasoned Americans with Disabilities Act case. The 2d Circuit affirmed a ADA jury verdict which was remitted down to $600,000 in compensatory damages and $300,000 in punitive...

Pending Bill Provides That Teachers Convicted of Sex Crimes Will lose NYS Teaching License

Posted on July 03, 2008
Teachers convicted of sex crimes will lose NYS teaching license Assembly Bill 11500-A -- Senate Bill 8553 Legislation providing for the automatic revocation of a teaching certificate held by any school official convicted of a sex offense has been passed...

Plan Administrator Can Rule Death Was Not Accidental Based Upon Blood Tests Taken At Time of Death

Posted on July 02, 2008
Stamp v. Met. Life, ___F.3d___(1st Cir. June 30, 2008), is an important Employee Benefits decision. The court held that a plan administrator of an employee benefits plan governed under ERISA may reasonably conclude that an insured, killed in a one-car...

Correction Officer Denied Job For Failing Drug Test, Despite His Claim That He Tested Positive Because He Was Exposed To Second Hand Marijuana Smoke

Posted on July 02, 2008
Matter of Walton v. Nassau Co. Civil Service Commission, ___Misc. 3d___(Nassau Co. June 5, 2008), is an interesting case. The court held that it was not arbitrary and capricious to deny employment to correction officer who failed a preemployment drug...

County Employee Not Covered Under NLRA

Posted on July 02, 2008
U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations Act Veatch v Allegheny County Bureau of Correction and SEIU, CA Third Circuit, 07-3005, Decided May 23, 2008 Alleging violations of the...

Teacher's Complaints Not Protected Under First Amendment

Posted on July 02, 2008
Woodlock v. Orange Ulster BOCES, ___Fed. App'x. ___(2d Cir. June 18, 2008), illustrates how narrow public employee First Amendment rights are after Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). A public school teacher who complained about the lack of...

Blog: Supreme Court Overlooks Military Law

Posted on July 02, 2008
In today's New York Times, Linda Greenhouse reports on an oversight in Justice Anthony Kennedy's majority opinion in Kennedy v. Louisiana (No. 07-343), released last last month. Justice Kennedy, writing for a 5-4 majority, noted that only six state jurisdictions...

Adjunct Law Prof Blog Listed As Number 10 In Top 100 Law and Lawyers Blog

Posted on July 02, 2008
Criminal Justice Degree Guide contains a very helpful directory of law and law professor blogs. I am delighted to report that we are listed as number 10. Mitchell H. Rubinstein

9th Holds Damages For Missed Work Due to Stress Are Allowed For FMLA Violations

Posted on July 01, 2008
Farrell v. Tri-County, ___F.3d ___(9th Cir. June 27, 2008), is an important FMLA case. The case is also a classic example of a small case making important law-which happens all the time in labor law. At issue was $1,100 in...

Employer Has Standing To Seek Disqualification of Employee Attorney Under N.Y. Law

Posted on July 01, 2008
Falk v. Chittenden, ___N.Y. 3d ___(June 26, 2008), is an important case. Under Civil Service Law Section 75, a public employer retains a hearing officer to hold a hearing over disciplinary charges. The Court of Appeals held that the public...

Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retiree

Posted on July 01, 2008
Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retirees Matter of City of Niagara Falls v Niagara Falls Police Club, Inc., 2008 NY Slip Op 05459,...

The Internet and Politics

Posted on July 01, 2008
Do you use the internet to find out information about the candidates? I certainly do. A new poll by Pew Internet & American Life Project demonstrates that 46% of Americans use the internet as well for political information purposes. 6%...

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