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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

More on Univ. Of New Mexico Prof Who Reportedly Made Sexually Explicit Photo's on a sadomasochism Web Site

Posted on April 04, 2008
Director of creative writing resigns is an interesting article in April 2, 2008 New Mexico's Daily Lobo which also appeared on the Local T.V. News. It about a University of New Mexico Director of Creative Writing who resigned because the...

Current Illegal Drug User Not Entitled To Leave And Termination Not Unlawful

Posted on April 04, 2008
Iannone v. ING Financial, ___A.D.3d___(1st Dep't March 12, 2008), is an interesting employment discrimination case arising under NYS and NYC law. After an employee was caught having a conversation about illegal drugs, he requested an accommodation to go into a...

List of U.S. Supreme Court Clerks

Posted on April 04, 2008
Concurrring Opinions maintains a list of U.S. Supreme Court Clerks. It lists where the clerks went to law school and who they previously clerked for. One surprise is that Justice Thomas chose someone who graduated from Rutgers Camden. Mitchell H....

11th Holds That Disgrunted Employee's Comments Are Not Protected Under The First Amendment

Posted on April 03, 2008
Myles v. Richmond County Board of Education, __F.3d __(11th Cir. March 18, 2008), is a case which illustrates how narrow the protection is for public employee speech. The court held that a school district employee's complaint was not on a...

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Harvard Is Not the Only Law School with a Loan Foregiveness Program

Posted on April 03, 2008
Harvard Law challenges NY schools to do good, in Crains New York Business dated March 19, 2008, discusses some New York area law schools' loan foregiveness programs for students who seek a career in public service in light of the...

U.S. News 14 Year Average Ranking

Posted on April 03, 2008
Tax Prof Blog has an interesting posting compling the 14 year average ranking for several schools. Available here. Query whether this type of data means anything. No matter what you think of the U.S. News rankings, students are interested in...

Was Obama A "Real Law Professor"

Posted on April 02, 2008
ABC News Blog ran an interesting story on March 31, 2008 entitled "Political Punch' by Jake Tapper. In it, he reports that the Clinton campaign has questioned whether Obama was a "real" law professor when he taught at the University...

1996 U.S. News Rankings Compared To 2009

Posted on April 02, 2008
The Law Librarian Blog has an interesting posting comparing Law Schools 1996 rankings with that of 2009. He only provides data re; the top 30 schools. As you can see, there are some differences, but not much-at least with respect...

Pre-Employment Drug Tesing Policy For Library Worker Is Unconstitutional

Posted on April 02, 2008
Lanier v. City of Woodburn, ___F.3d ___(9th Cir. March 14, 2008), is a well reasoned opinion which summarizes the law concerning pre-employment drug testing of public employees. The City instituted a policy requiring candidates of choice for city positions to...

Washington And Lee To Focus On Practice Of Law During The 3rd Year

Posted on April 02, 2008
Washington and Lee is changing its curriculm and will focus more on the practice of law, particularly during the 3rd year of law school. Other schools are also changing their curriculum. A March 15, 2008 story in the Star Tribune...

Student Who Drops Out Does Not Have Any Remedy Under The IDEA

Posted on April 01, 2008
Garcia v. Board of Education, ___F.3d___ (10th Cir. March 25, 2008), is an important special education decision. The 10th Circuit held that the lower court did not abuse its discretion in denying a student a remedy under the Individuals with...

Importance of State Disability Law in Employment Discrimination

Posted on April 01, 2008
Gaffney v. Department of Information Technology and Telecommunications, (S.D.N.Y. March 13, 2008) (registration required) is an important decision because it highlights how narrow the definition of a disablity is under the Americans with Disabilities Act...

2d Holds That Pro Se Waived Right To Object To Magistrate's Order

Posted on April 01, 2008
Caidor v. Onondaga Co., ___F.3d___(2d Cir. Feb. 21, 2008), is an important decision which lawyers and researchers should be aware of. The Second Circuit held that a terminated employee alleging race discrimination waived his right to appeal a magistrate judge's...

Passwords and the Fifth Amendment

Posted on April 01, 2008
Passwords and the Fifth Amendment is a very interesting March 11, 2008 New York Law Journal article By Ken Strutin (registration required). He discusses the leading cases concerning wall safes and alike and cites to some recent cases involving passwords...

April Fool's Guide For Aspiring Law Profs and Laterals

Posted on April 01, 2008
Reproduced from April 1, 2008 Law Librarian Blog A Foolproof Guide for Aspiring Law Profs and Lateral Appointment Seekers Joining the Workforce, Law School Style. The AALS Meat Market, the teleconference call, the airport interview, the day-long masquerade ball on...

Employee Permitted To Maintain Breach of Contract (The CBA) Action Subject To State Contract Statute of Limitations

Posted on March 31, 2008
Cephas v. MVM, Inc., ___F.3d ___ (D.C. Cir. March 28, 2008), is an important labor law case arising under Section 301, 29 U.S.C. 1985. The case demonstrates an often overlooked aspect of labor law. Specifically, individuals can bring breach of...

Virtual Property And The Law

Posted on March 31, 2008
Where the Law Stands on Virtual Property is a very interesting March 28, 2008 New York Law Journal article by Shari Lewis. The article points out that on-line virtual worlds are increasing popular, particularly with gamers. The article also points...

5 Myths About No Child Left Behind

Posted on March 31, 2008
5 Myths About No Child Left Behind is an interesting March 30, 2008 Washington Post article. The article discusses the following "myths:" 1. No Child Left Behind is an unprecedented extension of federal control over schools. 2. No Child Left...

New York's Passenger Bill of Rights Preempted

Posted on March 31, 2008
Air Transportation Association v. Cuomo, __F3d. ___(2d Cir. March 25, 2008) is an important preemption case. New York enacted a Passenger Bill of Rights because of long delays in airports. The statute provided: Whenever airline passengers have boarded an aircraft...

interesting perspective on newspapers versus the web

Posted on March 31, 2008
Steve Bailey, one of the Boston Globe's business columnists wrote a very interesting piece last week. It is a heartfelt piece in which he thanks his readers (I think he is either taking a buyout or retiring). To me the...

Pulitzer Prize-winning New York Times Supreme Court Reporter Linda Greenhouse Returns To Yale Law School

Posted on March 30, 2008
Linda Greenhouse, the well known U.S. Supreme Court reporter for the New York Times has joined the faculty (well sort of) of Yale Law School. A Press Release provides: Pulitzer Prize-winning legal writer Linda Greenhouse will return to Yale Law...

AFL-CIO President John J. Sweeney to Speak at Univ. of Baltimore School of Law April 8

Posted on March 30, 2008
AFL-CIO President Sweeney is scheduled to speak at the Univeristy of Baltimore School of Law on April 8 2007 at 4 pm. The event is free and open to the public. This is the first time I have heard of...

U.S. News 2009 Law School Rankings Are Out!

Posted on March 28, 2008
The U.S. News and World Reports 2009 Law School Rankings are available here. This years free version provides a bit more detail than previous versions. Specifically, the number of students and the law school tutition is listed which enable limited...

Fingerprinter Scanners Are Starting To Replace Time-Clocks

Posted on March 28, 2008
There is a very interesting March 27, 2008 AP article entitled Fingerprint Scans Replace Clocking In which documents the increasing use of fingerprint scanners instead of time clocks. As the article states: It's happening at Dunkin' Donuts, at Hilton hotels,...

'Outing' of Lesbian Co-Worker Violated Office Harassment Policy

Posted on March 28, 2008
Here is a new twist to employment discrimination and sexual harassment. A California Court holds that an employee could be fired for outing a lesbian in violation of company policy. That article, which appeared in a March 17, 2008 Findlaw...

40th Anniversary of Taylor Law Conference May 15th and 16th

Posted on March 28, 2008
Bill Herbert, Deputy Chair and Counsel of PERB writes to inform us of the following: On May 15 and 16, 2008, there will be a conference held in Albany, New York commemorating the 40th anniversary of the Taylor Law -...

A Play About Law School Rankings

Posted on March 28, 2008
St. John's Law School Professor Jeff Sovern has published a one-act play on SSRN entitled Rankings: A Dramatization of the Incentives Created by Ranking Law Schools. From the abstract: Sellers in a competitive market shift resources from attributes buyers don't...

Are Some Law Schools Starting To Panic Over U.S. News Law School Rankings??

Posted on March 28, 2008
Above The Law has an interesting story about how a number of law school deans have already sent out letters to students telling them not to be concerned with their ranking. It reports that some schools are "flipping out." The...

White News Anchor Looses Reverse Discrimination Case

Posted on March 28, 2008
A March 17, 2008 Findlaw publication ran an interesting story entitled White News Anchor Let Go for Performance, Not Color which is about a discrimination case brought by a white news anchor after he was replaced by a black newscaster....

Free Legal Research and Updated Links

Posted on March 28, 2008
Adjunct Prof Blog updated our legal research as well as our blog role. Just check out the left side of this blog. My goal is to develop a free legal research type of portal that lawyers, profs and others can...

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