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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

Hiring X Cons and Discrimination

Posted on May 26, 2010
Matter of Boatman v New York State Dept. of Educ., 2010 NY Slip Op 03523, decided on April 29, 2010, Appellate Division, Third Department Correction Law §752 bars the denial of a license or employment application based solely upon an...

Academic Study on Bullies

Posted on May 25, 2010
Bullying is one of the hotest issues in employment and education law. So who are the bullies and why do they bully people? That is the question addressed in a new academic study that was previewed in the May 21,...

Bar Exam Apps

Posted on May 25, 2010
You new it had to be coming. There are now bar exams apps for the iphone. A company called BarMax makes one for the California Bar and it is not cheap. It is over $1,000. BAR/BRI also offers an app,...

Care Givers and Discrimination

Posted on May 25, 2010
A New Minefield is an interesting May 2010 ABA Journal article which states that caregivers are a new protected class and that more and more litigation is occurring. The article is only partially correct. A caregiver is not protected class,...

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JSD Degree??

Posted on May 25, 2010
For those seriously interested in a law school career, a JSD degree is something that you might want to consider. An excellent article on SJD degrees is available on Prawfs Blawg, here. If I had to do it all over...

Reminder; Attorneys in 2d Circuit Must Renew 2d Circuit Admission Every 5 Years

Posted on May 24, 2010
2d Circuit Local Rule 46.1 requires attorneys to renew their admission to the 2d Circuit every five years. It provides: 2) Renewal of Admission. An attorney is admitted for a period of five years, and must renew admission every five...

Writing Tips

Posted on May 24, 2010
Professor James Levy over at Legal Writing Prof Blog and a contributing editor here posted an interesting story outlining important writing tips for academics. I actually believe these tips are good advice for everyone and that is why I am...

Board member acting on the advice of counsel cannot be deemed to have engaged in willful misconduct

Posted on May 24, 2010
Application of Carol Gillen for the removal of Nicholas Mauro as a member of the Board of Education of the City School District of The City of Middletown, Decisions of the Commissioner of Education, Decision No. 16,030 Carol Gillen asked...

Social Networking and Employment Law

Posted on May 23, 2010
Update: Legal Risks for Employers Who Use Social Networking Web Sites is an interesting April 5, 2010 New York Law Journal article (free registration required). It about how the use of a social networking site, such as Facebook, could cause...

DOL Issues Notice Requiring Federal Contractors To Post Notices Advising Employees of NLRA Rights

Posted on May 23, 2010
The NLRA is the only major federal employment statute that does not require employers to post a notice explaining employee rights under the law. President Obama, however, signed an Executive Order (No. 13496), that requires federal contractors to post such...

More On Student Unpaid Internships

Posted on May 23, 2010
The Economic Policy Institute published a paper on April 5, 2010 about unpaid internships and the potential end around of our nation's employment laws-particularly the FLSA. We have addressed this topic several times. Researchers may find this paper of interest...

Justia Ranks Adjunct Law Prof Blog 61st Most Popular of All Time

Posted on May 22, 2010
Justia ranks blogs. I am delighted to report that we are ranked number 61 of all time. It ranks 3,000 of them so this is quite an honor. Of course, Justia covers just law and legally related blogs. Who are...

School Law Jobs

Posted on May 22, 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...

Dual Filed Wage Claims Under The FLSA

Posted on May 21, 2010
Jurisdiction Over Dual Filed Wage and Hour Actions is an interesting April 2, 2010 New York Law Journal article (registration required). It discusses dual-filed actions,where employees bring the federal claims as an opt-in collective action under FLSA §16(b) and the...

Law School Clinic Backlashes

Posted on May 21, 2010
School Law Clinics Face Backlash is an interesting April 3, 2010 New York Times article. It is about how some clinics are under attack for positions they may have taken in litigation. In some states, legislatures are looking at the...

Does It Matter If Elena Kagan Is Gay?

Posted on May 21, 2010
Though I consider myself a supporter of gay rights, I believe it matters-in fact it matters a lot if Elena Kagan is gay. We made it a big deal when a woman or a minority is appointed to the Court....

Same Sex Marriage In New York

Posted on May 21, 2010
After Godfrey v. Spano: Is New York's High Court Ready to Recognize Out of State Same Sex Marriages? is an excellent May 2010 NYS Bar Journal article. The article discusses the NYS Court of Appeals decisions in Hernandez v. Robles...

DColo: Arbitrator's interpretation of surveillance video supported reinstatement

Posted on May 20, 2010
A district court rejected an employer's challenge to an arbitrator's interpretation of a surveillance video purporting to show an employee stealing cash from its store, and instead upheld the award reinstating the employee. The employee worked as a customer service...

Elena Kagan Timeline

Posted on May 20, 2010
The New York Times ran an interesting time line summary, together with pictures, of Elena Kagan's life. Supreme Court watches may want to check it out. Mitchell H. Rubinstein

NYLJ Article On Independent Contractors

Posted on May 20, 2010
Independent Contractors is an interesting March 29, 2010 New York Law Journal article. (registration required). Whether an individual is an employee or an independent contractor is often litigated in employment cases. As the article points out, misclassification is common and...

Constitutionality of the Mandate of Individual Insurance

Posted on May 20, 2010
Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis analyzes arguments against the mandate brought under the Fifth and Tenth Amendments and explores the sufficiency under the First Amendment of exceptions for certain religious groups...

The End of The Legal Yellow Pad??

Posted on May 19, 2010
A Legal iPad is an interesting April 2010 ABA Journal article which raises the question whether the iPad and like devices will single the end of the legal yellow pad? Will any technology device ever fully replace the ubiquitous legal...

4thCir: Court vacates financial advisors' NASD arbitration award

Posted on May 19, 2010
An arbitration award rendered under NASD rules granting compensatory damages to financial advisors was properly vacated as the award did not rest on the evaluation of the advisors performance but rather on issues that were outside the arbitrators power under...

St. John's Law School Announces Boyd Scholarship Winner

Posted on May 19, 2010
I am delighted to be a member of the Board of Advisors at St. John's Law School's Center for Labor and Employment Law. The Center has several important events planned. On June 2, 2010, the Honorable Wilma Liebman, Chairman of...

Does Gender Matter in Negotiations??

Posted on May 19, 2010
A Toolkit For Woman Seeking A Raise is an interesting May 14, 2010 New York Times article. While the primary focus of the article is on the pay gap between men and woman, it theories that this may be because...

Estreicher on Class Action Arbitrations

Posted on May 18, 2010
Sam Estreicher and Elena Voss just published an excellent article in the New York Law Journal entitled Supreme Court: No Class Arbitration Where Agreement Is Silent (registration required). It is about the Supreme Court's April 27, 2010 decision in Stolt-Nielsen...

Service Dogs And Special Education

Posted on May 18, 2010
One of the hotest and most difficult issues in special education law today is whether disabled students should be allowed to bring their service animals to school? That is the topic of an April 2010 ABA Journal article, here. As...

Cloud Computing and Lawyer Ethics

Posted on May 18, 2010
Cloud computing is in vogue today. Everyone, including me, loves it. You do not have to worry about files taking up space on your computer or have access to your files if your using another computer. The files are stored...

St. John's Law School Announces Boyd Scholarship Winner

Posted on May 18, 2010
I am delighted to be a member of the Board of Advisors at St. John's Law School's Center for Labor and Employment Law. The Center has several important events planned. On June 2, 2010, the Honorable Wilma Liebman, Chairman of...

15 Week LLM Program At Top Law School

Posted on May 17, 2010
Northwestern Offers Foreign Students A Fast Track LLM is an interesting March 17, 2010 National Law Journal article. It is only open to foreign law students and takes just 15 weeks-yes 15 weeks. The article describes the program as follows:...

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