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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

Assistant Superintendent is a public figure

Posted on June 20, 2010
Whether or not an individual is a public figure is a critically important part of defamation law. This is because public officials are subject to a heightened standard. Sliverman v. Newsday, ___Misc. 3d___(Nassau Co. April 19, 2010), is an excellent....

Does Our Next Supreme Court Justice Have To Have Judicial Experience??

Posted on June 19, 2010
Rare Breed Now is an excellent April 30, 2010 article from the New York Times which questions whether the next Supreme Court Justice should be a sitting or former judge. The article highlights Elena Kagan who has no judicial experience....

The Significance of New Process Steel

Posted on June 18, 2010
The significance of yesterday's decision in New Process Steel v. NLRB which invalidated 2 Member Board decisions cannot be overstated. An NLRB press release states this case will effect 69 cases pending in the Circuits and 5 cases that are...

Excellent Analysis of Quon

Posted on June 18, 2010
Professor Robert Sprauge (Univ. of Wyoming) put together an excellent analysis of Quon which is available here. In my judgement, this was an easy case. The Court held that even if the public employee had a reasonable expectation of privacy...

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Law Students Push For Transparency In Law School Employment Data

Posted on June 18, 2010
The ABA Journal News Now reported on two law students who are pushing for transparency in law school employment data. They published a scholarly article on the this topic (and cited Adjunct Law Prof Blog) which is available on SSRN....

College Internships and Employees

Posted on June 18, 2010
Whether interns are protected under our nations employment laws is a recurring issue in employment law. Why? Because most employment law only protect employees. The line between employees and non-employees is not always a straight one. Is a student who...

Law Prof also pushes for more transparency when it comes to law grad employment stats

Posted on June 18, 2010
Apropos to Professor Rubinstein's post below, a law professor at St. John's (who was also voted professor of the year) is also calling for law schools to be more transparent in reporting grad employment stats. In so doing, Professor Tamanaha...

Only the union or the employer may demand that an issue be submitted to arbitration

Posted on June 17, 2010
New York City Tr. Auth. v Gorrick, 2010 NY Slip Op 03044, Decided on April 15, 2010, Appellate Division, First Department The New York City Transit Authority sued Philbert Gorrick, its former employee, in connection with Gorrick?s ?admittedly fraudulent misrepresentation...

NLRB To Consider Electronic Voting

Posted on June 17, 2010
On Jan. 9, 2010, the NLRB issued Solicitation Number: RFI-NLRB-01 which is a Request For Information with Respect to Secure Electronic Voting. The solicitation states:The NLRB's requirements are for the acquisition of electronic voting services to support conducting secret-ballot elections...

A Bill To Protect Non-CItizens

Posted on June 17, 2010
Workplace Prof Blog recently summarize a new federal Bill, the Protect Our Workers from Exploitation and Retaliation (POWER) Act. The act would amend the Immigration and Nationality Act to provide protections for non-citizen workers when those workers have been harmed...

Breaking News Supreme Court Decides Important Case Concerning Employee Privacy Rights In Text Messaging

Posted on June 17, 2010
The Supremes just handed down Ontario v. Quon, ___U.S.___(June 17, 2010), concerning the privacy rights employees may have in text messages. Mitchell H. Rubinstein

Breaking News Supreme Court Invalidates Hundreds of 2 Member NLRB Decisions

Posted on June 17, 2010
The Supreme Court just decided New Process Steel v. NLRB, ___U.S.___(June 17, 2010). In a 5-4 decision, the Supreme Court held that the NLRB did not have the authority to issue 2 Member Board decisions. This will result in hundreds...

Employee suspended without pay in excess of the time authorized by �75 may be entitled to be paid for some or all of such suspension without pay

Posted on June 16, 2010
Elizabeth Miller Nabors v Town of Somers, 2010 NY Slip Op 03089, Decided on April 13, 2010, Appellate Division, Second Department Elizabeth Miller Nabors began working part time for the Town of Somers. Although she worked about 10 hours per...

Custodian's Termination Upheld

Posted on June 16, 2010
Matter of Edwards v. Oyster Bay Union Free School Dist., ___A.D.3d____(2d Dep't April 9, 2010), is an interesting case. A bring this case to your attention because of the unusual standard of review applied in the context of a disciplinary...

Leaving A Job Because Of Emotional Reasons Is Disqualifying Misconduct

Posted on June 15, 2010
Employees who quit are, of course, not normally entitled to unemployment. If they quit for a good reason, they might be eligible. Is the fact that the employer is making the employee emotionally sick a good reason? No holds the...

Ledbetter Act did not apply to untimely ADEA nonpromotion claim

Posted on June 15, 2010
Barnabas v Bd of Tr of the Univ of the DC, ___F.Supp. 2d___(D.D.C.March 1, 2010), is an interesting case. A university's failure to promote an associate professor to a full-time professor position was not a "discriminatory compensation decision or other...

Are student evals of professors' teaching overrated?

Posted on June 15, 2010
The Washington Post is reporting on a new study called "Does Professor Quality Matter? Evidence from Random Assignment of Students to Professors" by Scott E. Carrell of the University of California, Davis and National Bureau of Economic Research; and James...

NLRB Member Becker Summarizes NLRB Recusal Standards

Posted on June 14, 2010
I bring Pomona Valley Hospital, 355 NLRB No. 40 (June 8, 2010), because Member Becker summarizes the applicable recusal standards for NLRB Members. A motion had been made for Becker to recuse himself and he has rejected most of these...

Discharge For Bringing Work Home Is Disqualifying Misconduct For Unemployment Purposes

Posted on June 14, 2010
Matter of Coleman v. Commissioner of Labor, ___A.D.3d___(3d Dep't. April 15, 2010), is a tough case. An employee was found to have engaged in disqualifying misconduct by downloading sensitive documents to his thumb drive. The employee claimed he was taking...

FOIL amended

Posted on June 14, 2010
Source: Office of the Governor Governor Paterson signed a number of bills enhancing the State?s Open Meetings Law. The bills include: 1. A.5873/S.4284, which provides that public meetings are to be held in facilities that are able to accommodate members...

New study challenges some assumptions about Gen Y and the workplace

Posted on June 14, 2010
Bloomberg BusinessWeek is reporting on a new study that declares some of the widely held assumptions about Gen Y (or the Millennial as they are sometimes called - those between the ages of 22 and 29) are myths when it...

The NLRB Flip Flopping Game Is About To Begin

Posted on June 13, 2010
Readers of this blog are well aware of the political nature of the NLRB. The Board is well known to change positions when the composition of the Board goes from Democratic to Republican or visa versa. Today's dissent really does...

Wilks Law School Put On Hold

Posted on June 13, 2010
On June 11, 2010, I got the following email which explains that Wilks Law School has been put on hold.Thank you for your interest in Wilkes University's Law School. I am writing to inform you that the Law School initiative...

So Sue Me-Article on Student Interns

Posted on June 13, 2010
Jim Castagnera of Rider University recently wrote another interesting article entitled "So Sue Me" for the May/June 2010 issue of Today's Campus, available here Download Jim. Though the article is not appear to be written for lawyers, lawyers, law students...

Hofstra University To Establish Medical School

Posted on June 12, 2010
The New York Times reported on June 4, 2010 that Hofstra University has begun to accept applications to its medical school set to open in August 2011. As the article states: Eventually the school, which is based on Hofstra?s campus...

Education Law Jobs

Posted on June 12, 2010
School Law Jobs Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California Legal Counsel II Whittier Area Cooperative Special Education Program Whittier, California School Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith...

Tough time finding an academic job? Try changing your name.

Posted on June 11, 2010
This past week we've brought you a couple of stories (here and here) to help you find a job as an adjunct professor. In this iinstallment, we suggest that if you're still having a problem finding the job you want,...

Attorney Disciplined For Providing False Leave Report To Her Employer

Posted on June 11, 2010
Matter of Stewart, ____A.D.3d_____(1st Dep't. April 15, 2010), demonstrates that an attorney employee can be disciplined for misconduct at the workplace. Here, the attorney pleaded guilty to one count of petit larceny in violation of Penal Law � 155.25, a...

Law Professor Blog Rankings

Posted on June 11, 2010
The annual ranking of law professor blogs are out. We are not listed even though we meet the criteria. Just another example of how adjuncts are second class citizens. Mitchell H. Rubinstein

Statements made in the course of a judicial or quasi-judicial proceeding are absolutely privileged

Posted on June 11, 2010
Matter of Gaeta v Incorporated Village of Garden City, 2010 NY Slip Op 02950, Decided on April 6, 2010, Appellate Division, Second Department Sometimes a party will file a lawsuit contending that he or she was slandered* in the course...

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