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Adjunct Law Prof Blog Adjunct Law Prof Blog


By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

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Breaking News-U.S. News and World Reports Rankings Leaked

Posted on March 26, 2008
At this point, I cannot be sure if the below are accurate, but here is what I know. A pdf copy of the top 46 law school purported rankings are available here. The Volokh Conspiracy also questions whether this information...


Sex Harassment Complaint May Be Amended to Add Claim Based on Covert Monitoring of Internet Use

Posted on March 26, 2008
Zakzewska v. The New School, ___F.Supp.2d ___(S.D.N.Y. March 17, 2008)(registration required), is a critically important discrimination case in this day and age. The court held that a sex harassment complaint may be amended to add a claim based on covert...


Do Women Pursue Law Degrees for Different Reasons Than Men?

Posted on March 26, 2008
Do Women Pursue Law Degrees for Different Reasons Than Men? is an interesting ABA Blog entry from March 11, 2008. It cites to a Harvard study and quotes from Harvard Law School Dean Elena Kagan for the proposition that women...


Firing Your Client

Posted on March 26, 2008
We have all had them. Difficult clients who do not pay. You go out of your way to help them, yet they continue to refuse to cooperate. You hope that they will fire you. You may even be willing to...


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Supremes Hold That Under The FAA Parties May Not Alter The Standard Of Judicial Review; But What About Labor Arbitration??

Posted on March 25, 2008
On March 25, 2008, the Supreme Court handed down Hall Street Associates v. Mattel, 552 U.S. ___(2008). The Court held that parties to an arbitration agreement governed under the FAA may not contractually alter the standard of judicial review. Why?...


Article About U.S. News Law School Rankings

Posted on March 25, 2008
It is that time of year again. On March 28, 2008, U.S. News is going to release its 2009 rankings. A very interesting April 2008 article about the ranking process entitled "The Ranking Czar" provides some background about the process...


Obama Releases 6 Years of Tax Returns; Where's Hillary's?

Posted on March 25, 2008
TaxProf Blog has posted a nice chart and a summary of Barack Obama's Tax returns for 200-2006. Dean Paul Caron's posting states as follows: Barack Obama today released his 2000-2006 tax returns: 2006 Return 2005 Return 2004 Return 2003 Return...


NLRB Issues Advice Memo Recognizing Importance Of Employer Property Rights

Posted on March 25, 2008
America's Beverage Co., 25-CA-28889 (Div. of Advice Feb. 15, 2008), is an important Advice Memo which summarizes the state of the law concerning union access to the employer's premises. As this advice memo states, unions do not have a per...


Modern Day Human Traficking and Slavery

Posted on March 24, 2008
U.S. v. Sabhanani, __F.Supp.2d___(E.D.N.Y. March 11, 2008), Download https___ecf.nyed.uscourts.gov_cgi-bin_show_temp.pdf is an important decision to be aware of. Judge Arthur Spatt refused to enter a judgment of acquittal following defendants conviction for conspiracy to commit forced labor and to harbor aliens...


Anti-Bullying Proposed Legislation

Posted on March 24, 2008
The March 25, 2008 New York Times contains an important article entitled When the Bully Sits in the Next Cubicle which is about bullying in the workplace. As this article points out, bullying is widespread and yet largely unprotected. Why?...


Negotiation of Arbitration Procedures As An Alternative To Statutory Procedures In The Public Sector

Posted on March 24, 2008
Initially published on the Internet in New York Public Personnel Law. Reproduced with permission. Copyright© 2006, 2007, 2008, Public Employment Law Press.Alternatives to Section 75 disciplinary procedures Matter of Oxford Employee Support Personnel Association v Oxford Academy & Central School...


5th Issues Important Decision Over Whether Disparate Treatment EEOC Charge Would Support Disparate Impact Claim

Posted on March 24, 2008
McClain v. Luflin Industries, __F.3d__(5th Cir. March 10, 2008), is an important employment discrimination case. This is a lengthly opinion which contains a significant amount of law. I bring it to your attention because the court extensively reviews the duty...


2d Ciruit Holds Title VII Unconstitututional As Applied In Discrimination Suit Involving A Church

Posted on March 23, 2008
Reyemamu v. Cote, ___F.3d___(2d Cir. March 21, 2008), is an important Title VII decision. The 2d Circuit holds that Title VII is unconstitutional as applied in a discrimination case involving a church. The plaintiff Alleged that the Roman Catholic Diocese...


IDEA Requires Both A Child With A Disability and A Prevailing Party For The Child To Recover Attorneys Fees

Posted on March 23, 2008
D.S. v. Neptune Township Board of Education, ___F.3d___ (3d Cir. Feb. 14, 2008) is an important IDEA case. It demonstrates that in order to be entitled to attorneys fees, the child must be in need of special education and the...


Local Union Has No Right To Commence Arbitration

Posted on March 23, 2008
Roberts v. Williams, __Misc. 3d__ (N.Y. Co. Feb. 13, 2008)(registration required), is a very interesting public sector labor case. D.C. 37 in New York represents 56 different local affiliates. When a dispute about merit pay arose, one of these affiliates...


100 Best Law Reviews

Posted on March 23, 2008
The Feb. 2008 Jurist ran an article entitled "100 Best Law Reviews" It does not contain any information which FT law faculty are unaware of. However, it might be useful to Adjunct Law Professors and individuals new to the law...


Updated posting on available fellowships for transitioning into full-time law teaching

Posted on March 21, 2008
Paul Caron (TaxProf) has posted an updated piece on available fellowships that can provide a path for practitioners to transition into full-time teaching. The post also contains a very useful bibliography of articles on going into the law school teaching...


Anonymous Law Review Articles Editors Blog

Posted on March 20, 2008
A group of anonymous article editors from an anonymous law review have put together an Anonymous Articles Editor Blog. Professor Orin Kerr of the Volokh Conspiracy forwarded a link to this blog as well as a copy of a letter...


Controversial Arab Principal Looses Her 1st A Challenge

Posted on March 20, 2008
Almontaser v. NYC Dep?t of Educ., ___F.3d ___(2d Cir. March 20, 2008), is an important First Amendment public employee speech case that has gotten alot press in the New York media. The New York Post incorrectly ran a story associating...


Wal-Mart Committs ULP By Failing To Engage In Effects "Bargaining"

Posted on March 20, 2008
United Food and Commercial Workers v. NLRB, ___F.3d___(D.C. Cir. March 14, 2008), is an interesting D.C. Circuit case which affirmed the NLRB and found that Wal-Mart committed a ULP. The D.C. Circuit held that the National Labor Relations Board reasonably...


2d Grade Boy Student Allowed To Return To School As A Girl

Posted on March 20, 2008
News 9 in Colorado ran an interesting story about a 2d grade boy student who is being allowed to return to school as a girl. The school is also opening two uni-sex bathrooms to accommodate him. Regardless, of his sex,...


Scooter Libby Looses License To Practice Law

Posted on March 20, 2008
The March 20, 2008 Associate Press reported that Scooter Libby lost his license to practice law due to his perjury conviction. Libby is the former aide to V.P. Cheney who was involved in the story about the leak of CIA...


Clinton As Vice-President!!

Posted on March 19, 2008
No, not Hillary. How about Bill? What about the little amendment which bars an individual serving more than two terms? First, that amendment only applies to the office of President. What if something should happen to Hillary, you might then...


Sadomasochism Sex with Student=Professor Fit to Teach?

Posted on March 19, 2008
One would think that this would be unthinkable in this day and age. However, Workplace Prof Blog about a University of New Mexico College Professor who openly engages in consensual sex with graduate students as well as sadomasochism. Even more...


Superintendent Found Absolutely Immune For Defamation Based Upon Job Reference

Posted on March 19, 2008
Bosen v. Plattsburgh Central School Dist., ___Misc.3d___(Steuben Co. March 6, 2008), is an interesting case that may have been wrongly decided. A former teacher sought a reference from the superintendent. He claims that the reference was defamatory and prevented him...


Judge Sanctions Attorney For Challenging 25 Cents Per Page Xerox Charge Under FOIL

Posted on March 19, 2008
New York as well as every state in the union has a Freedom of Information Law. An appellate court recently upheld the sanctioning of an attorney who sought to challenge the 25 cents per page charge pursuant to a FOIL...


After the Adjunct Faculty Meeting

Posted on March 18, 2008
After each annual adjunct faculty meeting I leave the meeting amazed at the incredible contribution that our adunct faculty make to our school. We had a good meeting this year. The Dean thanked them for their continued efforts. We also...


7 Year Old Not Capbable of Understanding Oath Which Leads To Dismissal Of Criminal Indictment

Posted on March 18, 2008
People v. Carrington, ___Misc.3d ___(Westchester Co. March 6, 2008), is an important criminal law case concerning child witnesses. The court held that the 7 year old eye witness did not understand the oath and therefore, as he was the only...


No Child Left Behind Statute Benefits Disabled Children

Posted on March 18, 2008
Law Opens Opportunities for Disabled is a very interesting and important March 18, 2008 Washington Post article by Maria Gold. Gold points out that the controversial No Child Left Behind statute actually benefits disabled children because the statute requires accountability...


Lawyer and Client Sanctioned Over Client's Conduct, Use of 'F Word' During Deposition

Posted on March 18, 2008
Lawyer and Client Sanctioned Over Client's Conduct, Use of 'F Word' During Deposition is an interesting March 5, 2008 article from the Legal Intelligencer which describes a client's unprofessional conduct at a deposition which his lawyer failed to stop...


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