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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

New York Enacts Statute Protecting Social Security Numbers From Disclosure

Posted on March 18, 2008
Effective Jan. 1, 2008, General Business Law Section 399-dd was added to New York law. This statute prohibits any ?person, firm, partnership, association or corporation? (other than the state or its political subdivisions) from: 1. Intentionally communicating or making available...

Feeling Stressed Out Is Not A Serious Health Condition Under The FMLA

Posted on March 17, 2008
Lackman v. Recovery Services of New Jersey, Inc.,__F Supp.2d. ___, 2008 U.S. Dist. LEXIS 11085 (D.N.J. Feb. 13, 2008)(registration required), is an important FMLA case. The court held that an employee's statement that he felt "stressed out" did not put...

Alleged Spitzer Prostitute Gets Court Appointed Lawyer

Posted on March 17, 2008
The Wall Street Law Journal Blog ran a story on March 14, 2008 which indicates the the alleged prostitute involved with Gov. Spitzer got a court appointed lawyer. A lawyer, from a large NYC law firm no less, Kelly, Drye...

Requests for reconsideration of a decision fail to toll the statute of limitations

Posted on March 17, 2008
Source: Initially published on the Internet in New York Public Personnel Law. Reproduced with permission. Copyright© 2006, 2007, 2008, Public Employment Law Press on March 17, 2008. Requests for reconsideration of a decision fail to toll the statute of limitations...

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4th Issues Excellent Primer on Religious Discrimination and the Duty to Accommodate

Posted on March 17, 2008
EEOC v. Wise, __F.3d__(4th Cir. Feb. 11, 2008), is an interesting religious discrimination case. In a somewhat lengthly, but well reasoned opinion, the court reviews the elements of a religious discrimination case as well as the duty to accommodate under...

Use Of Me Too Evidence In Employment Discrimination

Posted on March 16, 2008
I just posted a copy of my Essay on SSRN entitled Mendelsohn v. Sprint/United Management: The Supreme Court Appears to Punt Whether "Me Too" Evidence is Admissible ... Or Does It? which will appear in 102 Northwest L. Rev. Colloquy...

A Dissenting View Re: Brian Leiter's Request That Bloggers Not Blog About U.S. News 2009 Overall Rankings When They Come Out Next Month

Posted on March 16, 2008
On March 13, 2008, Brian Leiter posted an article entitled An Open Letter to Other Law Bloggers Regarding the US News Rankings where he requests that us bloggers do not post about the U.S. News and World Reports 2009 overall...

4th Applies Levitz To Find That Employer Unlawfully Withdrew Recognition

Posted on March 16, 2008
NLRB v. HQM of Bayside, ___F.3d ___(4th Cir. March 10, 2008), is an example of a circuit applying Levitz Furniture, 333 NLRB 717 (2001), and holding that that the employer unlawfully withdrew recognition as it could not demonstrate that the...

7th Issues Major Decision Involving Internet; Craigslist Not Liable For Discriminatory Advertisments

Posted on March 16, 2008
Chicago Committee For Civil Rights v. Craigslist, Inc., ___F.3d__ (7th Cir. March 14, 2008), is an interesting 7th Circuit decision and demonsrates how the internet age has effected our society. It is also a major decision concerning the Internet. Craigslist...

Laches Under The IDEA

Posted on March 15, 2008
School Union No. 37 v. Ms. C, __F.3d __(1st Cir. Feb. 26, 2008), is an important IDEA decision concerning laches. In a suit by a school district challenging an administrative grant of room, board and transportation reimbursement related to the...

Education Law Resources

Posted on March 15, 2008
The National School Board Association maintains a listing of resources for those interested in what it calls "School Law" which can be found here. It decribes those resources as follows: Careers in School Law Is a career in School Law...

Unions and Politics

Posted on March 14, 2008
The Changing Union Label is an interesting article from The American. It is about the change in unions since the 1950's and Change to Win's endorcement of Obama for President. The article, however, is a bit misleading. Change to Win...

Bush Likely to Leave Office With Fewer Judges in Place Than Clinton, Reagan

Posted on March 14, 2008
Nomination Stalemate Dampens Bush Legacy (free registration required) is an interesting March 3, 2008 Legal Times article by Pedro Ruz Gutierrez and Carrie Levine. This article notes that several of Bush's nominees have not been confirmed and that he is...

Faulty Jury Instruction over McDonnell Douglas Is NOT Reversable Error

Posted on March 13, 2008
Mobasher v. Bronx Community College (2d Cir. March 13, 2008)Download 050093_so1.pdf is a critically important discrimination case. The 2nd Circuit holds that an incorrect jury instruction with respect to the shifting burdens of proof under McDonnell Douglas is NOT a...

Law School Advice Wiki

Posted on March 13, 2008
This is a wonderful new idea. A Law School Advice Wiki. It contains a number of links to information that may be of interest to law students as well as aspiring law students. Students may want to bookmark this site...

Former ministers of religious-based organization were not covered by the FLSA's minimum-wage and overtime provisions.

Posted on March 13, 2008
Schleicher v. Salvation Army, ___F.3d___(7th Cir. Feb. 1, 20008)(Posner, J.), is an important FLSA case. Two former ministers of a religious-based organization, whose work administering the organization's adult rehabilitation center included preaching, leading worship singing, overseeing daily devotions, teaching Bible...

Witness Immunity Under Section 1983

Posted on March 13, 2008
Rolan v. Henneman, ___F.3d___ (2d Cir. Feb. 25, 2008), is an interesting public sector employment law case.This case principally concerned immunity of the defendant, an acting police chief, for offering allegedly perjurious testimony at police disciplinary hearings...

Gov. Spitzer's Lawyer

Posted on March 12, 2008
The ABA Journal Blog and the Wall Street Journal Law Blog are reporting that Michele Hirshman of Paul, Weiss, Rifkind, Wharton & Garrison is Gov. Spitzer's lawyer. Surprise, surprise, she worked for him when he was the Attorney General. Her...

7th Finds No Solicitation Policy Discriminatory

Posted on March 12, 2008
St. Margaret Healthcare v. NLRB, ___F.3d___(7th Cir. March 11, 2008)(Posner, J.), is an important decision to be aware of. The 7th Circuit affirms the NLRB and finds that the employer committed a ULP by discriminatorily enforcing a no solicitation work...

8th Issues Primer on Retaliation Under Title VII

Posted on March 12, 2008
Brannum v. Missouri Dep't of Corrections, ___F.3d__ (8th Cir. March 3, 2008), provides an excellent primer on the law of retaliation under Title VII. As the court stated: Here, the district court found Brannum could not satisfy her initial burden...

Is Rural Special Education Different??

Posted on March 12, 2008
Special Education Law Blog postulated an interesting question: Is Rural Special Education Different? I thought I would cross post my answer on Adjunct Law Profs Blog as well as on the Special Education Law Blog. My answer is of course...

New York's Next Governor-David Patterson May Have Some Problems Of His Own

Posted on March 11, 2008
As reported on Feb. 20, 2008, here on Adjunct Law Professor Blog, Lt. Governor David Patterson may have some legal problems himself. Specifically, a federal district court in upstate New York refused to dismiss an employment discrimination case which claimed...

Gov. Spitzer's Fall From Grace

Posted on March 11, 2008
As expected, Gov. Spitzer's bombshell is all over the legal blogsphere. The March 11, 2008 Blog of the Legal Times does a nice job in summarizes many of these stories. That posting is available here. Governor Spitzer was a law...

Money Damages Not Available Under IDEA

Posted on March 11, 2008
J.L. v. Ambridge Area School Dist, ___F.Supp. 2d ___, 2008 WL 509230 (W.D. Pa. Feb. 22, 2008)(registration required), is an important IDEA case. The case is somewhat unusual because the Board of Education conceded that it did not provide a...

Same Sex Marriage Listing of Legal Literature

Posted on March 11, 2008
The issue of same sex marriages is one of the most significant legal issues of our time. Not surprisingly, there has been a significant amount written about this. A librarian at Rutgers has put together a very useful biography which...

Parent's Obstructionist Conduct During IEP Process

Posted on March 10, 2008
Lessard v. Wilton-Lyndeborugh Cooperative School Dist., ___F.3d___ (1st Cir. Feb. 25, 2008), is an important IDEA case. The court held that a parent's obstruction of the individual education plan (IEP) process, caused by his or her unreasonable delay in acting...

U.S. Leads The World In Numbers of Prison Inmates

Posted on March 10, 2008
New High In U.S. Prison Numbers is an interesting Feb. 28, 2008 Washington Post Article which indicates that 1 in 100 Americans are behind bars. The numbers are huge. As the article states: More than one in 100 adults in...

Supreme Court 4-4 Splits

Posted on March 10, 2008
SCOTUS Blog ran an interesting March 6, 2008 posting entitled How Often Does A Recusal Result In An Equally Divided Court? As readers of this blog know, the Supreme Court recently split 4-4 in the Tom F special education law...

Law Firm Launches You Tube Video

Posted on March 10, 2008
The San Franciso law firm of Hanson Bridgett, LLP just launched a "You Tube" video. It is meant to be humorous. It will be interesting to see if this works as a marketing tool. Only in California. Mitchell H. Rubinstein

Breaking News: NY Governor Spitzer Is About To Resign

Posted on March 10, 2008
ABC News is reporting that NY Governor Spitzer is about to resign over his purported involved in a prostitution ring. Details here. Mitchell H. Rubinstein

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