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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

Resume Marketing

Posted on March 01, 2010
Interesting article in the Feb. 28, 2010 New York Times entitled "Writing a Resume That Shouts Hire Me", http://www.nytimes.com/2010/02/28/jobs/28search.html?8dpcwww.nytimes.com/2010 It is about resume marketing. The article is not geared for lawyers, but some of the tips may be helpful...

Illinois appellate court allows student with autism to bring service dog to school

Posted on March 01, 2010
Kalbfleisch v. Columbia Comm. Unit Sch. Dist. No. 4, No. 09-0447, ___F.Supp.___ (Ill.App. Dec. 16, 2009), is an important special education case. The Appellate Court of Illinois, Fifth District has upheld a lower court?s decision to grant a preliminary injunction...

Student who rejected written settlement that offered all requested relief was not entitled to attorney?s fees under IDEA

Posted on March 01, 2010
El Paso Indep. Sch. Dist. v. Richard R., ____F.3d____No. 08-50830 (5th Cir. Dec. 16, 2009), is an interesting case. The 5th Circuit held that a special education student who rejected a written settlement that offered all requested relief and attorney?s...

E-mails between board members prior to open session violated Massachusetts? open meeting law

Posted on February 28, 2010
District Attorney for the Northern Dist. v. School Comm. of Wayland, No. 10406 (Mass. Dec. 31, 2009), is an important case to be aware of. The Massachusetts Supreme Judicial Court has ruled that e-mail communications between school committee members prior...

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Unreasonable Accommodation and Due Hardship

Posted on February 28, 2010
Professor Mark Weber (DePaul) just posted on SSRN another important article entitled Unreasonable Accommodation and Due Hardship. The abstract provides: This Article analyzes authoritative sources concerning the Americans with Disabilities Act accommodation requirement and concludes: (1) Reasonable accommodation and undue...

Online vs. Main Stream Law Reviews

Posted on February 27, 2010
A recent study by Professor Ross Davies of George Mason University School of Law, states that law review subscriptions rates are in decline, in some cases precipitously so. More about this can be found in the National Law Journal, here,...

Supremes hear arguments on deference due ERISA plan administrators

Posted on February 27, 2010
One of the most difficult issues in ERISA concerns the degree to deference that must be paid to plan administrators. The Supremes recently heard arguments in Conkright v Frommert (Dkt No 08-810), an ERISA case, regarding the degree of deference...

Arbitration panel may not retain jurisdiction of a matter it adjudicated indefinitely

Posted on February 26, 2010
Matter of Brisman v Hebrew Academy of Five Towns & Rockaway, 2010 NY Slip Op 01480, Decided on February 16, 2010, Appellate Division, Second Department Nachum Brisman was terminated from his ?tenured teaching position? at the Hebrew Academy. He subsequently...

District officials had no authority to discipline student for non-disruptive off-campus speech

Posted on February 26, 2010
J.C. v. Beverly Hills Unified Sch. Dist., No. 08-03824, ____F.Supp.2d____ (C.D. Cal. Nov. 16, 2009), is an interesting decision. A California federal district court has ruled that school officials, who suspended a student for creating a vulgar, derogatory video about...

No Fundamental Right To Pension Benefits Contained In A CBA

Posted on February 26, 2010
Walker v. Burns, ___F.3d___(2d Cir. Jan. 13, 2010), is an interesting public sector case. The legal issue in this case was whether pension benefits contained in a CBA were fundamental rights. If they were, due process rights would attach. The...

CT: No private right of action for employer's violation of state electronic monitoring statute

Posted on February 25, 2010
Gerardi v City of Bridgeport, ____Conn.____(Conn. Supreme Court January 5, 2010), is an interesting case. Two city fire inspectors who were disciplined for improper job performance, which was detected through the use of global positioning system devices, had no private...

NYC Police Officers Can Be Subject To Breathalyzer Tests After Police Discharge Their Firearm

Posted on February 25, 2010
A federal appeals court in Manhattan has ruled constitutional a New York City Police Department policy requiring breathalyzer tests for officers who use their guns to kill or injure someone. The 2nd U.S. Circuit Court of Appeals rejected a challenge....

Passing a Psychiatrict Exam That Indicates That Employee Is Fit Does Not Mean He Is Qualified

Posted on February 25, 2010
Shepheard v. NYC Correctional Dep't., ___F.3d___(2d Cir. Jan. 13, 2010), is an interesting ADA case. A very common issue in such cases is whether the plaintiff is qualified for the job in question. An issue sometimes arises as the meaning...

Do Judges Have The Right To A Raise??

Posted on February 24, 2010
Yes, says New York's highest court. The denial of a raise to state judges for more than a decade violates the state Constitution, the state Court of Appeals ruled in a 5-1 opinion. However, the majority declined to order any...

Rehab Act claim failed because superiors lacked notice of employee?s mental disability

Posted on February 24, 2010
Stewart v St. Elizabeths Hosp, ___F.3d___(D.C. Cir. January 5, 2010), is an interesting decision. An employee?s claim that her employer violated the Rehabilitation Act by failing to accommodate her disability in refusing her request for a transfer from a facility...

Florida State U. lays off tenured faculty members: "It's totally changed my view of how academia works."

Posted on February 24, 2010
As the result of state budgetary problems, Florida's state university system made the decision last summer to target several tenured and tenure track faculty positions for lay-offs. Among those getting a pink slip is a recent lateral hire recruited from...

DCCir: Employee?s reassignment was not an adverse employment action

Posted on February 24, 2010
Czekalski v LaHood, ___F.3d____(D.C. Cir. December 29, 2010), is an interesting decision. The D.C. Circuit held that a senior female employee of Federal Aviation Administration, who was transferred to a new position where she supervised fewer employees and contractors, had...

10th Cir Decides Case Involving Law Enforcement Exemption To Mandatory Retirement Rules

Posted on February 23, 2010
Kannady v City of Kiowa, ___F.3d___(10th Cir. January 6, 2010), is an interesting case. The refusal of a municipality to hire an over 45-year-old job applicant as a law enforcement officer because of statutory age limits governing a state police...

Compensatory and Punitive Damages Awarded In Tort Case Becase Sexually Harassment Case Was Time-Barred

Posted on February 23, 2010
Myers v Central Florida Investments, ___F.3d___(11th Cir. January 6, 2010), is an interesting case. A district court properly awarded compensatory and punitive damages to the female employee based on a jury's verdict of battery. In attempting to set a dollar...

Student expelled for threats against basketball coaches posted on Facebook

Posted on February 23, 2010
A Nashville, Tennessee high school student has been expelled for angry comments about his coaches he posted on his Facebook page, according to USA Today. The student logged onto Facebook at home and wrote, among other things, "I'ma kill em...

UNLV Law: Spring Conference on Contracts

Posted on February 23, 2010
The William S. Boyd School of Law at University of Nevada Las Vegas hosts the 2010 Spring Conference on Contracts February 26-27 in Las Vegas (H/T: ContractsProf Blog). The program includes grouping papers within major topics. Refer to the conference...

Free Kindle For Blackberry Released

Posted on February 22, 2010
Amazon has released its new, free Kindle for BlackBerry app for the BlackBerry Curve 8520 and 8900, Bold 9000 and 9700, Storm 9530/Storm2 9550 and the Tour 9630. Details and download here. Unfortunately, at the present time, you can only...

Free Books Given To Professors Are Subject To New York State Use Tax

Posted on February 22, 2010
One of the benefits professors enjoy is free books. We get books all the time to examine for use in class and we get to keep them. They are often unsolicited. The NYS Department of the Taxation and Finance recently...

3rdCir: Gross not in conflict with McDonnell Douglas framework in age bias cases

Posted on February 22, 2010
Smith v City of Allentown, ___F.3d___(3rd Cir. December 22, 2009), is an interesting case. A 55-year-old superintendent of a city?s recreation bureau failed to produce sufficient evidence to establish that the city?s proffered reason for discharging him was a pretext...

Good news for overworked, underpaid adjuncts: Vacations don't make you happy anyway

Posted on February 22, 2010
According to this new study published by Applied Research in Quality of Life, while anticipating a vacation increases levels of happiness, once it's over and you return to work, you're no happier than if you never left. The lesson? Since...

LexOpus Limits Free Law Review Submissions To 20 Copies

Posted on February 21, 2010
The free LexOpus law review submission service (used by 477 law journals) hosted by William & Mary has changed its policy on simultaneous submissions: Authors can select as many law journals as they wish, the system will transmit the work...

The Ward Churchill case motors on

Posted on February 21, 2010
The Chronicle of Higher Ed is reporting that the American Association of University Professors ("AAUP") has filed a brief in the pending appeal of Ward Churchill, the tenured U. of Colorado ethnic studies professor who claims he was fired in...

Texas Tech Law Review Criminal Law Symposium

Posted on February 20, 2010
Texas Tech Law Review will present "Fourth Amendment Search and Seizure" on April 9, 2010 at the Texas Tech Law School. Dean Erwin Chemerinsky (Cal-Irvine) will present the keynote address. The complete program is here. Craig Estlinbaum

Free Online Law Review Research

Posted on February 20, 2010
The ABA maintains a free legal search engine for law review articles, here. It appears to do a decent job of finding recent articles. It does not appear as inclusive as a Westlaw or Lexis search. But, hey- you can't...

Online College For Union Workers

Posted on February 20, 2010
The Jan. 15, 2010 New York Times ran an article about an online college that is being started for union workers. It's called the College For Working Families. As the article states: The A.F.L.-C.I.O., the main umbrella group for the...

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