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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

Love Contracts

Posted on June 30, 2008
Office Romance is an interesting June 6, 2008 New York Law Journal article which caught my eye because we just covered this topic in my employment law class this summer at New York Law School. It is about efforts by...

U.S. News Considering A Change In Law School Rankings

Posted on June 30, 2008
Changing the Law School Ranking Formula is an important June 26, 2008 U.S. News blog that I am sure all law school deans are reading. They are considering the following changes: 1. Count full time and part time LSAT data;...

Congressional Research Service Issues Report on Basic ERISA Law

Posted on June 30, 2008
On April 10, 2008, the Congressional Research Service issued a 72 page report with 299 footnotes and a glossary about ERISA. The report provides background about the history of ERISA and a overview of the statute's requirements. This is an...

Lawyer Sanctioned By Being Directed To Write Bar Journal Article On Civility

Posted on June 30, 2008
Here is a new one. U.S. District Judge Vicki Miles-LaGrange (W.D. Okla.) in Johnson v. Government Employees Insurance Co., ___F.Supp. 2d___(W.D. Okla. April 14, 2008), sanctioned an attorney for unprofessional letters he wrote to opposing counsel stating such things as:...

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Lawyer Suspended From His Job For 30 Days For Asking Another Lawyer For A Kiss

Posted on June 29, 2008
Lawyers are employees too. Sometimes we do inappropriate things. Some lawyers are in a union or work for the government and are entitled to a hearing before they can be disciplined. Matter of Dep't. of Housing (Ralph B) (NYC Office...

Supreme Court Clerk Blog

Posted on June 29, 2008
Want to be a U.S. Supreme Court clerk? Check out SCOTUS Law Clerk Placement Blog. Recent postings include a description of the application process and a listing of feeder appellate judges. Even if your not in the market to become...

The New TWEN

Posted on June 29, 2008
I have been a big user and fan of TWEN as you may have noted in earlier posts. TWEN was recently updated this summer, which I discovered (much to my dismay) while teaching my summer Business Organizations class. One of...

USERRA Applies To Claims of Harassment

Posted on June 28, 2008
An Alabama district court held that a National Guard member fired from his job lant has no unlawful termination claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), but that he may pursue a claim for harassment based...

Novel Issues Involving The Recognition of Gay Marriages

Posted on June 28, 2008
The June 8, 2008 Washington Post ran an interesting article entitled Calif. Battle Over Gay Marriage Raises Novel Legal Questions. It notes that the issue of California gay marriages is being proposed as a constitutional amendment and raises the question...

Who Is Responsible For Blogging Comments??

Posted on June 27, 2008
Professors Sunstein and Volokh had an interesting video debate about who owns comments posted on blogs. That is an important issue and is likely to become more important as the use of blogs continues to increase. There debate can be...

ADA May Actually Be Amended

Posted on June 27, 2008
The June 26, 2008 New York Times in an article entitled House Votes to Expand Civil Rights for Disabled reports that the House overwhelmingly passed the ADA Restoration Act. The Senate is expected to pass this Bill and the President...

So You Want To Be A Law School Professor

Posted on June 27, 2008
New Law School Programs Give Lawyers a Shot at Teaching Law School Programs Give Lawyers a Shot at Teaching is an interesting June 27, 2008 National Law Journal article via law.com (registration required). It's about the increasing hiring of visiting...

Fear of Unions

Posted on June 27, 2008
Fears Of A Union Renaissance is an interesting Forbes.com article dated June 5, 2008. Though this article is not particularly well written, it demonstrates that many employers are fearful of the prospects of a Obama winning the White House. With...

Mutual Demand For Attorneys Fees Vests Arbitrator With Authority To Award Attorneys Fees

Posted on June 26, 2008
Goldberg v. Thelen Reid, ___A.D.3d___, 2008 WL 2492255 (1st Dep't. June 24, 2008), is a short, but important arbitration decision under New York law. The court confirmed an award of attorneys fees because both sides requested them. Interestly, the respondent...

Who is Michelle Obama??

Posted on June 26, 2008
The 'Other Obama' Honed Her Skills at Sidley Austin is an interesing June 25, 2008 National Law Journal article about Michelle Obama. Like her husband, she is a graduate of Harvard Law School. She was an associate for three years...

Independent Contractor vs. Employee

Posted on June 26, 2008
Attorney Robert Wood wrote an interesting article for the June 2008 New York State Bar Journal entitled "Independent Contractor or Employee?" which many readers may find of interest. Though the article mainly focuses on the tax consequences of misclassifying an...

IDEA Case Dismissed For Failure to Serve Summons

Posted on June 26, 2008
Pierre v. NYC Dep't. of Education, ___F.Supp. 2d ___, N.Y.L.J. June 16, 2008(S.D.N.Y. June 10, 2008), Download pierre_v.doc reminds us of the importance of following the FRCP. In this IDEA case, the student prevailed before the Hearing Officer and the...

Is A Full Labor Relations Privilege Developing?

Posted on June 25, 2008
I am delighted to announce the publication of my latest article, Is a Full Labor Relations Privilege Developing?, 29 Berkeley J. Empl. & Lab. L. 221 (June 2008), which can be downloaded for free. The abstract describes the contents of...

Research Re: Public Sector Employment Law Issues

Posted on June 25, 2008
New York Public Personnel Blog published an extensive research list of legal issues it has covered. That list is too large to reproduce. However, some of issues addressed include the following: Topics covered in New York Public Personnel Law since...

NLRB Decisions To Be Released On-line

Posted on June 25, 2008
A June 6, 2008, NLRB Press Release, available here, states that NLRB and ALJ decisions will be released on-line under a pilot program. Currently, NLRB decisions are mailed to the parties and released on the Board's web site 3 business...

Judge Posner Applies Ledbetter To Disparate Impact Cases

Posted on June 25, 2008
Lewis v. City of Chicago,___F.3d___(7th Cir. June 4, 2008)(Posner, J.) is an important Title VII case. As you may recall, the Supreme Court narrowly interpreted the Title VII statute of limitations clock in Ledbetter v. Goodyear Tire & Rubber, Co.,...

9th Holds That Under ADA Plaintiff Does Not Have To Offer Comparator Evidence To Establish Impairment

Posted on June 24, 2008
In Gribben v UPS ___F.3d____(9th Cir. June 16, 2008), the 9th Circuit held that under the ADA a plaintiff is not required to submit comparator evidence on the extent to which a nondisabled "average person in the general population" is...

System Board of Adjustment Not A Proper Party In A RLA Minor Dispute Arbitration

Posted on June 24, 2008
Ollman v. System Board of Adjustment, ___F.3d___(2d Cir. June 3, 2008) is an interesting RLA arbitration case. As you may recall, system board's of adjustment adjudicate minor disputes under the RLA which are basically disputes under a collective bargaining agreement...

Secunda On The Sprint "Me Too" Supreme Court Decision

Posted on June 24, 2008
Marquette Law School Professor Paul Secunda just published in the Northwestern U. L. Rev. Colloquy an articl entitled THE MANY MENDELSOHN ?ME TOO? MISSTEPS: AN ALLITERATIVE RESPONSE TO PROFESSOR RUBINSTEIN which, as its name implies is a reply to my....

Professors Immune From Tort Damages For Defamation

Posted on June 24, 2008
Ismael v. Ali, ___F.3d___(3d Cir. 2008) is an interesting case which we do not see often concerning the liablity of professors for defamation. The 3rd Circuit held that state university professors were entitled to sovereign immunity from damages in a...

Supremes Deny Cert Over Whether FMLA Waivers Are Valid

Posted on June 23, 2008
In Progress Energy v. Taylor, 493 F.3d 454 (4th Cir. 2007), the 4th Circuit held that an individual cannot waive FMLA rights unless the waiver was approved by a court or the Department of Labor. The 4th Circuit strictly construed...

8th Issues Important Decision Which Pierces Corporate Veil To Hold Shareholder Liable In NLRB Case

Posted on June 23, 2008
NLRB v. Bolivar-Trees, Inc., ___F.3d___(8th Cir. June 4, 2008) is an important case. In a lengthly decision, the court approved of the NLRB's order that the corporate veil could be pierced to enforce a back pay order against a controlling...

Police Officer Can Be Summarily Terminated For Certain Criminal Convictions

Posted on June 23, 2008
Matter of Feola v Carroll, ___N.Y.2d___(June 5, 2008), is an important publice sector employment law case. Normally, a tenured public employee cannot be terminated without a hearing. However, that is not always the case with tenured police officers convicted of...

Summary Of Recent Labor And Employment Supreme Court Cases

Posted on June 23, 2008
Supreme Court Review, Part 1 (registration required) by John Furfaro and Risa Salins is a nice short summary of this terms Supreme Court decisions which appears in the June 6, 2008 New York Law Journal. The article discusses Sprint/United Mgmt....

2 Year Law School Program??

Posted on June 22, 2008
The June 20, 2008 Wall Street Journal Law Blog contains another interesting posting by Dan Slater entitled Law School in 2 Years (Same $$?) ? Assessing Northwestern?s Program. This article reports that Northwestern, a top law school, is actually going...

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