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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

Tavern On The Green Pays Millions To Settle EEOC Lawsuit

Posted on June 04, 2008
Steven Greenhouse wrote an interesting June 2, 2008 New York Times article entitled Tavern on the Green Pays $2.2 Million to Settle Bias Claim. It quotes an EEOC news release which states: ?engaged in severe and pervasive sexual, racial and...

Univ. of Chicago Law School Bans Internet Surfing In Class

Posted on June 04, 2008
The Faculty Lounge reports that Univ of Chicago Law School it will ban internet access in classrooms in order to ban surfing during class. I could not disagree more for two reasons. First, students are adults and if they are...

Adjunct College Prof Looses Employment Law Case

Posted on June 04, 2008
Trakis v. Manhatten College, ___A.D.3d___ (2d Dep't May 13, 2008), demonstrates how narrow the employment rights are of at will employees. A professor emeritus who functioned as an adjunct was discharged becaues of alleged racist and sexist comments. Because the...

Penn State Looking For Non-Tenure Track FT Labor and Employment Professor

Posted on June 04, 2008
PENN STATE LABOR STUDIES IS LOOKING FOR A FULL-TIME LABOR/EMPLOYMENT LAW INSTRUCTOR. POSITION WOULD BEGIN LATE AUGUST 2008. FOR MORE INFO, PLEASE SEE ATTACHEDDownload fixed_term_position_lser_6.2008[1].doc Best of Luck, Mitchell H. Rubinstein

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5th Rejects Discrimination Claim Against Union

Posted on June 03, 2008
Cooper v. Dallas Police Assoc., ___F.3d___(5th Cir. May 13, 2008), is a very unusual case. It is an employment discrimination case brought against a police association which does not call itself a union. Additionally, plaintiff did not allege that the...

Affirmative Action and Justice Thomas

Posted on June 03, 2008
Did Affirmative Action Really Hinder Clarence Thomas? is an interesting June 2, 2008 law.com article. The article questions Justice Thomas' book published last fall, "My Grandfather's Son", where he blames affirmative action programs at Yale Law School for him not...

Stanford Law School Drops Letter Grading

Posted on June 03, 2008
Inside Higher Education reported in a story entitled Stanford Law Drops Letter Grades on June 2, 2008, that the law school will drop the traditional 4 letter grading system. Why? Because grades are subjective. However, the law school is not...

3rd Holds Where Intracircuit Conflict Occurs Earlier Decision Controls

Posted on June 03, 2008
Pardini v. Allegheny Intermediate Unit, ___F.3d___, 2008 WL 2004471 (3rd Cir. May 12, 2008), is an important circuit court decision to be aware of. We discussed this case on May 15, 2008 relative to its holding that attorney parents are...

NLRB Issues Unfair Labor Practice Checklists

Posted on June 02, 2008
On May 15, 2008, the NLRB General Counsel posted several comprehensive check lists of questions designed to be used by Board attorneys to determine if unfair labor practices were committed. The General Counsel did not issue a check list for...

Ten New Law Schools In The Works!

Posted on June 02, 2008
A Deluge of Law Schools is an interesting June 2, 2008 National Law Journal article which discusses the fact that up to ten new law schools are being planned and questions whether they are really necessary. As the article states:...

First Issues Decision Reminding Us How Difficult It Is To Vacate An Award-Particular When Procedural Arbitrability Questions Are Raised

Posted on June 02, 2008
I bring Univ. Mass. Medical Center v. United Food and Commerical Workers, __F.3d___(1st Cir. May 15, 2008), to illustrate how difficult it is to vacate a labor arbitration. The dispute hear dealt with holiday pay. Among other reasons, the employer...

Employee Disciplined For Off Duty Misconduct

Posted on June 02, 2008
Dep't of Correction v. Phoenix, OATH Index No. 1543/08 (Apr. 14, 2008). ALJ Ingrid Addison recommended a ten-day suspension for a correction officer who drove in excess of the speed limit, disobeyed a state trooper's order to remain in his...

Breaking News! 3rd Holds That Employer Cannot Discriminate Against Woman Because She Had An Abortion

Posted on June 02, 2008
Doe v. CARS Protection (3rd Cir 05/30/2008) is a very significant 3rd Circuit decision. In a 40 page slip opinion, the 3rd Circuit holds the Pregnancy Discrimination Act, which is an amendment to Title VII, prohibits an employer from discriminating...

Least-Restrictive School Environment for Disabled Children

Posted on June 01, 2008
Least-Restrictive School Environs for Disabled Children is an interesting May 15, 2008 New York Law Journal article (registration required) which discusses Jennifer D. ex rel. Travis D. v. New York City Department of Education, ___F.Supp.2d ___ , 2008 WL 857554...

The Risk of Using Independent Contractors

Posted on June 01, 2008
The Risk of Using Independent Contractors is an interesting May 15, 2008 New York Law Journal article which discusses the risks in classifying individuals as independent contractors verses employees. As this article point out, misclassification can raise employment law as...

District of Columbia Looking For Special Education Hearing Officers

Posted on May 31, 2008
The District of Columbia is looking to hire both full time and part time Hearing Officers. There is an involved application that must be filled out by June 23, 2008. You can download the application and examine the requirements for...

Mandatory Sick Leave For Private Sector Employees Passed Connecticut State Senate

Posted on May 31, 2008
On May 1, 2008, the Connecticut state senate passed a bill (S.B. 217) mandating that Connecticut employers with 50 or more employees provide paid sick leave to their employees. The bill, which also applies to municipalities, passed by a vote...

Breaking News!!! 2d Issues Major Student First Amendment Decision Involving Blogs

Posted on May 30, 2008
Doninger v. Niehoff, ___F.3d___ (2d Cir. May 29, 2008), is a major student First Amendment free speech case. The facts are simple and straight forward. A disagreement arose concerning the "battle of the bands" concert. A high school student posted...

Liability of Notary Public

Posted on May 30, 2008
Notary Publics are important to the legal system as many court documents must be notarized. However, it is very easy to become a notary and there is not much litigation over the scope of their authority. Edwards v. Rockaway Storage,...

The President's Appointment Power

Posted on May 30, 2008
Reagan's Influence Lives On In U.S. Courts is an interesting May 12, 2008 U.S.A. Today article which reminds of the importance of the President's appointment powers. More twenty years after President left office, his appointments are still having an important...

Now Hiring "Hot Girls"

Posted on May 30, 2008
Texas Channel 5 ran an interesting story entitled "Now Hiring Hot Girls." It is about a woman who was turned down for a job because she was not "hot' enough. The business is described as a "drive through" which I...

Blogging Federal Judge

Posted on May 29, 2008
Off the bench, judge blogs her mind is an interesting May 27, 2008 Boston Globe Newspaper article. It is about US District Court Judge Nancy Gertner (D. Mass) who is an adjunct law professor at Yale Law School and who...

More Trouble For School District Lawyers Who Were Classified As Employees Of School Districts

Posted on May 29, 2008
Learning Experiences is an interesting article from June 2008 ABA Journal about the New York School lawyers who were placed on the payroll of several school districts even though they were not employed by those school districts. As the article...

Lawyers' Writing Are Still Not Up To Par

Posted on May 29, 2008
The title of this May 12, 2008 National Law Journal article says it all, Lawyers' writing skills still bad. Moreover, electronic gizmos are tending to make things worse. As the article states: Law firm leaders, judges and even clients have...

Title VII Does Not Protect Sexual Orientation Discrimination

Posted on May 29, 2008
Title VII has not protected discrimination on account of sexual orientation for quite some time. Kapiamba v. Securitas Security, __F.Supp. 2d___ (S.D.N.Y. April 29, 2008)(registration required), is a recent case which illustrates this proposition of law...

Miller: Wrongful Incarceration and Attorney-Client Confidentiality

Posted on May 29, 2008
Colin Miller (John Marshall Law School) has posted "Ordeal by Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Privilege" on the Social Science Research Network (SSRN). The article addresses the challenging questions about legal ethics and the...

Supremes Hold (7-2) That Section 1981 Encompasses Retaliation Claims

Posted on May 28, 2008
Section 1981 is an important discrimination statute. It applies to much more than just employment discrimination. Until the Supreme Court's May 27, 2008 decision in CBOCS West v. Humphries, 553 U.S. __(May 27, 2008), there was some question whether 1981...

D.C. Circuit Holds Agreement Not To Picket Store In A Mall Is A ULP

Posted on May 28, 2008
Fashion Valley Mall v. NLRB, ___F.3d___ (D.C. Cir. May 9, 2008), is an unusual, but important decision. California is the only jurisdiction in the country where the right to privacy applies to private individuals by virture of the California Constitution...

RSS U.S. Code Feeds

Posted on May 28, 2008
Cornell's Legal Information Institute just started a free RSS Feed service where you can get emailed changes to the U.S. Code. The service is available via U.S. Code Title. I signed up for Title 29 where the NLRA is located....

Teacher Terminated For Inappropriate Sexual Remarks

Posted on May 28, 2008
Lackow v. Department of Education, ___A.D. 3d___(2d Dept. May 27, 2008) is an interesting case. A 3020-a hearing officer recommended a tenured teachers termination, but a state supreme court decision vacated that decision. On appeal, the appellate division reversed the...

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