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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

NYU Journal of Law and Liberty: Justice Thomas Symposium

Posted on March 10, 2010
The New York University Journal of Law and Liberty has published the Symposium on Justice Clarence Thomas. Authors are Professor Nicole Garnett (Notre Dame), Professor Gregory Maggs (George Washington), Judge David Sentelle, (Chief Judge, D.C. Circuit), Professor Stephen F...

Attorney?s letter to witnesses in a grievance proceeding held an attempt to threaten or influence a witness

Posted on March 09, 2010
Kalyanaram v New York Institute of Technology, 3 AD3d 435 (1st Dep't 2009) After investigating complaints from 37 students alleging that Gurumurthy Kalyanaram, a member the New York Institute of Technology?s faculty had engaged in inappropriate conduct during class, the...

ALCU investigating suspension of Pennsylvania teacher over Facebook photo of her with male stripper

Posted on March 09, 2010
The ACLU reportedly is looking into the case of a Fayette County high school teacher who was suspended from her job after someone posted photos of her with a male stripper to an online social networking site. "We're investigating the...

Offensive speech need not be directed at plaintiff to support sexual harassment

Posted on March 09, 2010
Reeves v C.H. Robinson Worldwide, Inc, ___F.3d___(11th Cir. January 20, 2010) (en banc), is an important case. The court held that daily exposure to office talk and radio programming that was particularly offensive to women but not overtly targeted at...

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Terminated volunteer wins first amendment case

Posted on March 09, 2010
Wonder v Hyland, CA9, 127 F3 1135, amending 117 F.3d 411 (9th Cir. 1997). Only rarely does one find litigation involving the separation of a volunteer worker. One such case: Wonder v Hyland, CA9, 127 F3 1135. Roy L. Wonder...

Trial Judge Rescinds Texas Death Penalty Ruling

Posted on March 09, 2010
Court watchers may recall that last week, a Harris County, Texas (Houston) district judge held that the Texas death penalty procedures were unconstitutional. Today, Brian Rogers (Houston Chronicle) reports that the same judge rescinded that earlier order this afternoon and...

Rhode Island School District To Fire All Of Its Teachers.

Posted on March 08, 2010
A small school district plans to fire all of its teacher and then only rehire some in an effort to improve the District and get additional federal funds. President Obama has endorced this plan, but it has angered teacher unions....

Comment that drivers "can clean out their trucks" threatened discharge

Posted on March 08, 2010
Alton H. Piester, LLC v NLRB, ____F.3d _____(4th Cir. January 15, 2010), is an interesting case. The NLRB properly determined that an employer's comment to its truck drivers that "they could clean out their trucks" if they didn't like a...

Unemployment Remains Unchanged at 9.7%

Posted on March 08, 2010
The New York Times reported on March 5, 2010 that the nations unemployment rate remains unchanged at 9.7%. I am not sure if that is a good sign or a bad sign. Mitchell H. Rubinstein

NY App. Division Finds Unemployment Claimant Had Good Cause To Leave Employment

Posted on March 08, 2010
Matter of Grace v. Commissioner of Labor, ____A.D.3d____(3rd Dep't. Jan. 21, 2010), is a rare unemployment decision where the court found that the claimant was eligible for unemployment because she had good cause to quit. As the court explained: Whether...

Craig Becker May Get Recess Appointment After All

Posted on March 07, 2010
Workplace Prof Blog cited to an AP story which quoted the Secy of Labor as indicating that unions will be very pleased by the way the Becker nomination is resolved. Readers to this blog will recall that Becker was unable...

PERB Holds No Right To Disclosure In Disciplinary Arbitrations

Posted on March 07, 2010
Pfau v. PERB, ___A.D.3d___(3rd Dep't. Jan. 14, 2010), is a critically important public sector case from New York. Under the Taylor Law, employees have the right to obtain relevant information related to a potential grievance. What if the grievance involves...

Supreme Court Briefs Are In Re: 2 Member Board Case

Posted on March 07, 2010
Copies can be downloaded at non-charge via Workplace Prof Blog. Mitchell H. Rubinstein

List of 100 Search Engines For Scholars

Posted on March 06, 2010
While not geared for lawyers or law professors, researchers may find this list of search engines for scholars useful. It is available here. Mitchell H. Rubinstein Hat Tip: Kaitlyn Cole

School Law Jobs

Posted on March 06, 2010
School Law Jobs Job Title Employer Job Location General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los Angeles, California Special Education Attorney Lozano Smith...

Attorney Malpractice For Failing To Timely File Human Rights Appeal

Posted on March 05, 2010
Malpractice verdict against attorney for failing to timely file de novo appeal of decision of human rights commission against employee on her gender discrimination claim is upheld. The court, in bench trial properly concluded that his representation of her continued...

Exotic Dancer States Hostile Environment Cause Of Action

Posted on March 05, 2010
Fowler v. Scores Holding Co, ___F.Supp.2d___(S.D.N.Y. 2010)(decision not online), is a very unusual case. The court holds that an exotic dancer's complaint sufficiently alleges hostile work environment claims under New York State and City Human Rights Laws, where she alleges...

HOUSE BILL LIMITS SCHOOL USE OF RESTRAINTS

Posted on March 05, 2010
Physically restraining unruly schoolchildren or locking them in isolated spaces would be subject to federal restrictions under legislation passed by the House Wednesday. Lawmakers were responding to reports that abuses of restraint and seclusion methods have resulted in children being...

"[W]hen, as here, the language of the parties' agreement is clear and unambiguous, the arbitrator may not bypass the express contract provisions and rely instead on past practices"

Posted on March 05, 2010
Matter of Good Samaritan Hospital v. Local 1199, ___A.D.3d___(2d Dept. Jan. 12, 2010), is an interesting case. It is a rare example where the vacatur of a labor arbitration was upheld. Why? Because the arbitrator did not give effect to...

NJ Supreme Ct. Post Termination Cancelation Of Health Insurance Is Adverse Action

Posted on March 04, 2010
Post-discharge cancellation of employee's health insurance in retaliation for reporting sexual harassment is actionable under New Jersey Law Against Discrimination. The court reasoned that since retaliatory conduct prohibited by statute is not limited to harm related to present or future...

Book Review: Korean Odyssey by Tai Kyun Shin

Posted on March 04, 2010
It should be obvious to regular readers that the Korean Odyssey by Tai Kyun Shin is a special book. This is because I do not usually cover non-legal or non-academic matters and I have never before reviewed a non-legal book....

List of 100 Best Crime Books Every Written

Posted on March 04, 2010
Details and list here. Mitchell H. Rubinstein

Trip abroad with ill husband for faith healing was not FMLA-protected leave

Posted on March 04, 2010
Tayag v Lahey Clinic Hospital, ____F.Supp.2d___(D. Mass.January 6, 2009), is an unusual case. An employee's seven-week trip to the Philippines with her husband (who has a serious health condition), ostensibly so that he could participate in a faith healing event...

100 Useful Social Sites For Every Kind Of Job Seeker

Posted on March 03, 2010
Details and list available here. Mitchell H. Rubinstein

7thCir: Employee could not show that employer knew she was pregnant

Posted on March 03, 2010
A pregnant employee who was transferred to an office in another town failed to show that sex or pregnancy discrimination was the basis of the transfer decision because she could not establish that her employer knew she was pregnant when...

11thCir: Nondisabled employee has right of action for improper medical inquiry

Posted on March 03, 2010
In Harrison v Benchmark Electronics Huntsville, Inc, ___F.3d___ (11th Cir.January 11, 2010), a case of first impression, the Eleventh Circuit joined its sister circuits in holding an employee has a private right of action under the ADA when an employer...

Settlement payment for emotional distress not excludable from income

Posted on March 03, 2010
The Tax Court recently held that a $175,000 payment received by a plaintiff "as damages for her emotional distress due to depression and other claims, not as wages or back pay," paid out by her employer to settle her employment...

Electronic Texts Are Here!

Posted on March 02, 2010
The New York Times reported on Feb. 21, 2010 that electronic texts are here. That article can be found by here, http://www.nytimes.com/2010/02/22/business/media/22textbook.html?partner=rss&emc=rss Thought the article is about college texts, seems to me that electronic texts are even more valuable to...

2ndCir: Director of ad sales did not satisfy administrative employee exemption

Posted on March 02, 2010
In a FLSA case of first impression, the Second Circuit held that an advertising salesperson was not an exempt administrative employee under the FLSA since her primary duty was not "directly related to [the] management policies or general business operations"...

Attorney Who Profited From Escort Ring Disbarred

Posted on March 01, 2010
Matter of Committee on Professional Standards v. Bergrin, ___A.D.3d___(3d Dep't. Jan. 14, 2010), is one of those cases involving facts you just cannot make up. A New York attorney is disbarred for his criminal activity involving a high price escort...

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