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A Lawyer's Worst Nightmare ? a Law Review article by Mitchell H. Rubinstein, Esq.

A Lawyer's Worst Nightmare ? a Law Review article by Mitchell H. Rubinstein, Esq.
Source: Northwestern University?s Law Review [103 Northwestern Law Review Colloquy 317 [2009]

NYPPL?s summary of the Appellate Division?s decision in Vinluan v Doyle was posted January 29, 2009. [see http://publicpersonnellaw.blogspot.com/2009/01/except-under-exceptional-circumstances_29.html ]

Professor Mitchell H. Rubinstein?s article analyzing the Vinluan decision has been published in Northwestern University?s Law Review [103 Northwestern Law Review Colloquy 317 (2009)].

In an article entitled A Lawyer's Worst Nightmare: The Story of a Lawyer and His Nurse Clients Who Were Both Criminally Charged because the Nurses Resigned En Mass, Professor Rubinstein explores the events leading to a troubling situation, the result of which led to litigation wherein New York State?s Appellate Division held that the prosecution of nurses that resigned from their respective positions with a medical facility offended the Thirteenth Amendment of the United State Constitution as well as violating an attorney?s First Amendment right to provide legal advice to his nurse-clients.

Professor Rubinstein also explores public policy issues raised by this case such as the right of a nurse to withhold his or her services in the same manner as other private sector employees as well as a number of other issues that the Appellate Division did not reach including whether the criminal prosecution of the nurses underlying this action is preempted by the National Labor Relations Act.

The law review article is posted on the Internet at:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1330049

It may be downloaded without charge.

Full post as published by New York Public Personnel Law on February 02, 2009 (boomark / email).