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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

Student Residency Issues In Education Law

Posted on May 20, 2008
Student residency issues are important issues in education law. It is no secret that some districts are "better" than others. Therefore, it is not surprising that some students may seek to enroll in such districts. In most jurisidctions, the school...

Incompetence at New York State Division of Human Rights

Posted on May 19, 2008
Matter of Freeman v. NYS Division of Human Rights, ___A. D. 3d___(2d Dep't May 6, 2008), demonstrates just how incompetent the NYS Division of Human Rights is. Specifically, the NYSDHR held that alcoholism was NOT a disability and that it...

Real Judges Read Blogs

Posted on May 19, 2008
Greg May over at the California Blog of Appeal ran an interesting story on May 16, 2008 entitled Judges Read Blogs. Greg notes that a Texas blogger recently ran into a judge that read his blog. Greg is going to...

The Continuing Problem of Law Student Debt

Posted on May 19, 2008
The enormous cost of legal education is something us professors should consistently be aware of. Additionally, it is not just the debt. It the opportunity cost in not working should be figured in as well. Study shows gender, racial disparity...

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11th Holds Cause of Action Stated For Sexual Harassment Even Though Plaintiff Was Not The Target of Language

Posted on May 19, 2008
Reeves v. C.H. Robinson, ___F.3d___(11th Cir. April 28, 2008) is an unusual hostile environment sexual harassment case. In a well reasoned opinion, the court held that a cause of action was stated for sexual harassment based largely on degrading language...

Large Law Firm Blogs

Posted on May 18, 2008
The American Lawyer ran an interesting article on May 2, 2008 entitled Cutting a Winning Edge in Law Firm Blogs which is about law firm blogging-particularly large law firm blogging. A survey showed 26% of the American Lawyer Top 200...

Grades Will No Longer Be Used to Evaluate Teachers for Tenure

Posted on May 18, 2008
Grades Will No Longer Be Used to Evaluate Teachers for Tenure is an interesting May 6, 2008 New York Law Journal Article by Jerry Ehrlich (registration required). In this article, Jerry reviews a recent New York law which mandates that...

Reminder-Adjunct Blog Has A Number of Useful Free Legal Research Links and A Useful Blogroll

Posted on May 18, 2008
Most people who find my blog, come here via Google and some become regular RSS subscribers (thank you). However, many of you might be overlooking an important part of this blog. I try to maintain a listing of the best...

Third Annual Colloquium on Current Scholarship in Labor and Employment Law Oct. 23-Oct. 25th

Posted on May 17, 2008
This looks like a wonderful conference for labor and employment law scholars: The Third Annual Colloquium on Current Scholarship in Labor & Employment Law will take place in San Diego from October 23 to October 25, 2008. This year's colloquium...

Arbitrators Not Bound By The Rules Of Evidence

Posted on May 17, 2008
Applying the ?Rules of Evidence? in arbitration proceedings In re Social Service Employees Union, Local 371, v The City of New York, et al., Appellate Division, First Department, 2008 NY Slip Op 02889, Decided on April 1, 2008 Local 371...

New York Lawyers Sue Atty General and Comptroller Over Pension Probe

Posted on May 16, 2008
If you live in New York, you must be aware of the alleged pension scam where by several lawyers were put on the payroll of school districts in order to be eligible for a public pension. The only problem is...

New York Judges Slowdown??

Posted on May 16, 2008
Recusals Could Lead to Discipline, Conduct Commission Forewarns is an interesting May 13, 2008 New York Law Journal article about a possible Judge, yes Judge slowdown. As many New York lawyers know, New York Judges have not gotten a raise...

Brooklyn Judge Files 10 Million Dollar Lawsuit Against Daily News and Attorney

Posted on May 16, 2008
The May 5, 2008 New York Law Journal is reporting that a Brooklyn State Judge has filed a 10 million dollar defamation law suit against an attorney and the Daily News. That article, which is not particularly well written, is...

7th Holds Veterans Are Not Required To Pay Filing Fees Under USERA

Posted on May 16, 2008
The Uniform Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination againist persons because of their service in the military. It is construed liberally in favor of the veteran plaintiff. Davis v. Advocate Health Center, ___F...

3rd Issues Major Decision Holding That Parent Attorneys Are Not Entitled To Reimbursement For Attorneys Fees In Representing Their Child In IDEA Administrative And Federal Court Litigation

Posted on May 15, 2008
Pardini v. Allegheny Intermediate Unit, ___F.3d___, 2008 WL 2004471 (3rd Cir. May 12, 2008), is a major IDEA court blunder. The court holds that an attorney parent who successful represented his child in administrative and federal litigation was not entitled...

NLRB Grants Special Permission To Appeal ALJ Ruling

Posted on May 15, 2008
CNN America, Inc., 352 NLRB No. 64 (May 9, 2008), is an important NLRB decision to be aware of. It concerns a "special permission to appeal." A little known Board procedure is that a litigant can appeal the ruling of...

Burger King Employee Blogger Fired For Blog Posting

Posted on May 15, 2008
The Associated Press wrote an important employment law article dated May 14, 2008 entitled Burger King Employees Fired Following Controversy Over Blog Posts. A secretary secretly posted information on a blog where she reportedly slammed a farm workers advocacy group...

Bloggers Beware Copyright Law Applies To Us Too

Posted on May 15, 2008
IEE Spectrum has a light article reminding us bloggers that copyright law applies to us and the article summarizes the fair use defense as follows: If you copy anything that is not yours, a potential copyright-infringement problem should raise a...

Breaking News California Supreme Court Holds Ban On Same Sex Marriage Is Unconstitutional Under State Law!

Posted on May 15, 2008
The California Supreme Court issued a 120 page ruling holding that the states ban on same sex marriages is violative of the California Constitution. Additionally, the court held that sexual orientation was a "supspect class" and therefore subject to strict...

Federal District Court Enjoins Enforcement of FLSA Release

Posted on May 15, 2008
Allen v. SunBank Trust, __F. Supp. 2d ___, 2008 WL 1925082 (N.D. Ga. April 30, 2008)(registration required), is an important case. The court issued a TRO enjoining the enforcement of a FLSA release given in exchange of employees receiving severance...

HAPPY BIRTHDAY ADJUNCT LAW PROFESSOR BLOG

Posted on May 14, 2008
Today is a milestone. It marks our first birthday in the blogosphere. Sometime later today, we will pass 56, 000 visitors!!! That is amazing and speaks volumes about the strength of the Internet and blogs. When I started this, I...

Union Has Standing To Arbitrate Retirees Grievances

Posted on May 14, 2008
The status of retirees is a difficult one in labor law. This is because the Supreme Court held long ago that retirees are not employees under the NLRA. The NLRA only applies to employees and employers as those terms are...

Fighting NYC Parking Tickets

Posted on May 14, 2008
A very interesting May 14, 2008 New York Times article about fighting NYC parking ticket is entitled Want to Fight a Parking Ticket? Log On First. As the article points out, parking tickets are big business in NYC-very big business....

Autism Case Still Being Litigated

Posted on May 14, 2008
The May 13, 2008 New York Times has an interesting article entitled Court Hears More Claims of Vaccine-Autism Link about the litigation concerning the MMR vacine which some believe causes Autism. As the article states: The United States Court of...

New Calif. Bar Exam Blog

Posted on May 14, 2008
The Cal Bar Blog is a new blog which offers information and tips about the California Bar exam. California bar exam takers may want to keep an eye on this blog. Mitchell H. Rubinstein

New York's Internet Tax Challenged

Posted on May 13, 2008
Amazon.com is challenging New York's Internet tax. The claim is that this new statute is unconsitutional. As an article in Media Posts Publication provides: The Web retailer argues that New York State can't tax it because Amazon has no physical...

Supreme Court Recuses Itself

Posted on May 13, 2008
Here is a new one. The Court had to refuse to consider a pending case because 4 Justices recused themselves. At least six Justices must hear a case. Therefore, the lower decision stands. As this May 11, 2008 A.P. article...

UN Official Absolutely Immune From Title VII Liability For Sexual Harassment

Posted on May 13, 2008
Brzak v. The United Nations, 06 Civ. 3432, (S.D.N.Y. April 29, 2008) is an important Title VII case. Judge Robert Sweet held that a former U.N. High Commissioner for Refugees, has absolute immunity from a lawsuit brought by two U.N....

Handwritten 2 Page Document Held To Be A Binding Employment Contract

Posted on May 13, 2008
Jury awards $10.5 million on handwritten contract is an interesting April 21, 2008 Associated Press article. A jury awarded 10.5 million dollars for breach of a 2 page handwritten employment contract which also stated "The parties will complete formal contracts...

A Whistleblower's Story

Posted on May 13, 2008
The April 26, 2008 Associated Press ran an interesting story entitled The whistleblower's unending story. the article discusses the disappointing limitations of the 2002 Sarbanes-Oxley Act. As the article states: But when the Labor judge ruled for Welch, the promise...

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