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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 32.2/day

Last Entry: May 22, 2013 at 07:45:46

Campbell Law Review Call for Papers

Posted on May 22, 2013
From the Campbell Law Review website: The Campbell Law Review is pleased to announce a call for papers for its National Edition, which will be focused broadly around Internet Law and related themes. The Internet and associated technologies continue to...

Supreme Court Takes Government Prayer Case

Posted on May 21, 2013
Thirty years ago in Marsh v. Chambers, 463 U.S. 783 (1983), the Supreme Court held in a divided opinion that opening legislative sessions with prayer did not violate the Establishment Clause. But can the government open such legislative sessions with...

Former Chairman Liebman Supports Senate Action on NLRB Nominees

Posted on May 21, 2013
Former NLRB Chairman Liebman recently wrote an opt ed piece calling for the Senate to take action on the 5 nominees to the NLRB. That article can be found here. Chairman Liebman states in part: Mitchell H. Rubinstein

Morris Nichols recently published

Posted on May 21, 2013
Morris Nichols recently published an interesting piece on the enforceability of contracts to extend the time period for the application of a statute of limitations. http://www.mnat.com/assets/htmldocuments/MorrisNichols_HeringDiVincenzo_May2013.pdf Dimitry Herman

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Employers must use the revised federal Employment Eligibility Verification Form (Form I-9) after May 7, 2013.

Posted on May 20, 2013
The U.S. Citizenship and Immigration Services, Department of Homeland Security, advises employers that after May 7, 2013*only the newly revised federal Employment Eligibility Verification Form (Form I-9)** may be used New York State Department of Civil Service has added Advisory...

Files on Conflicts of Interest

Posted on May 19, 2013
Tyler, Texas attorney and State Bar of Texas President Buck Files has written an informative essay on conflicts of interest which appears in the April 2013 Voice for the Defense (page 15). The essay uses the federal case U.S. v....

No Race To the Courthouse in Utah Adoptions

Posted on May 18, 2013
In many situations, the first to file a lawsuit in a controversy obtains procedural and sometimes substantive advantages over later filers. The Utah Supreme Court held last week, however, that winning the race to the courthouse carries no special advantage...

Neither a judicial or quasi-judicial administrative proceeding may be conducted on a Saturday or a Sunday where such day is kept as a holy day by any party to the case

Posted on May 17, 2013
May judicial or quasi-judicial proceeding be conducted on a Sunday? This was one of the issues raised by the petitioner in her CPLR Article 78 petition seeking to vacate the appointing authority?s disciplinary determination that resulted in her being dismissed...

Reviewing Radin's Boilerplate

Posted on May 17, 2013
ContractsProf Blog (A Member of the Law Professor Blogs Network) has been hosting a series of short reviews of Margaret Radin's new book Boilerplate: The Fine Print, Vanishing Rights and Rule of Law. Contributions so far have been by Ethan...

New In Print: The Law Review Review

Posted on May 17, 2013
The Georgetown Journal of Gender and the Law''s Wintere 2013 issue includes their Winter Issue of Gender and Sexuality Law with articles by Seletha R. Butler (Georgia Tech College of Business), Julie Goldscheid (CUNY Law) and Jody M. Prescott (Vermont)...

Breaking News. 3rd Circuit Follows DC Circuit By Invalidating NLRB Craig Becker Appointment

Posted on May 16, 2013
In a 102 page opinion released a majority of the 3d Cir. (Smith and Van Antwerpen) agreed with the D.C. Cir. that recess appointments can only be made during a recess between congressional sessions. Judge Greenaway wrote a 55 page...

Union Release Time In The Public Sector

Posted on May 15, 2013
A court in Arizona reportedly held that police could not use release time for union representationalwork. A newspapter article describing this case is available here. The plaintiff's theory appears to be that paying public employees for union business is a...

Dittfurth: Restitution in Texas

Posted on May 10, 2013
David Dittfurth's (St. Mary's) article "Restitution in Texas: Civil Liability for Unjust Enrichment" appears in the latest South Texas Law Review (Winter 2012). On first read, I am impressed with this article, which is comprehensive and makes a valuable contribution...

Supreme Judicial Court Decision Interprets Enforceability of Online Terms and Conditions

Posted on May 09, 2013
A recent decision by the Massachusetts Supreme Judicial court holds that a forum selection and limitation of liability clause is not enforceable under Massachusetts law in a browsewrap agreement. This is an interesting opinion because it touches on a number...

Justices Will Not Review Ruling Shielding Retirees' Health Care Benefits

Posted on May 08, 2013
Denying a packaging firm's petition for review, the U.S. Supreme Court recently denied cert to a case which held that retirees of a Michigan plant are vested with lifetime, employer-paid health care insurance for themselves and their spouses ( Menasha...

Fifth Circuit: Pharmacy Purchase Logs are Nontestimonial Business Records

Posted on May 08, 2013
In a divided opinion, the Fifth Circuit Court of Appeals held in United States v. Townes, No. 11-50948 (5th Cir. April 30, 2013), that a pharmacy's pseudoephedrine purchase logs were nontestimonial business records that could be admitted in a criminal...

Please Support Kidney Donation By Supporting Linda's Home Team

Posted on May 08, 2013
Linda February 2013 As many of you know, on June 29, 2011, my then 13 year old daughter, Linda, received a Kidney transplant from a child donor who died in a tragic accident. We are forever greatful to that wonderful...

Linda's Home Team

NLRB Petitions Supreme Court to Review Ruling on Recess Appointments

Posted on May 06, 2013
As expected, the NLRB filed petition asking the U.S. Supreme Court to review a recent DC Circuit decision which held unconstitutional President Obama's January 2012 recess appointments to the board (NLRB v. Noel Canning Div. of Noel Corp., petition filed...

Texas: February 2013 Bar Results Are In

Posted on May 06, 2013
The bar exam results are in for the February 2013, exam and congratulations are in order to Texas's newest attorneys. The overall pass rate for this exam was 74.18%, with the breakdown among Texas law schools (for first time takers)...

King; Enforcing Effective Assistance after Martinez

Posted on May 06, 2013
Professor Nancy J. King (Vanderbilt) has posted her essay, "Enforcing Effective Assistance after Martinez" on SSRN. Here is the abstract: This Essay argues that the Court?s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v...

2013 NYU Annual Conference on Labor June 6-7

Posted on May 04, 2013
By far, one of the best labor conferences in the country-and I have been to many conferences-is the annual NYU Labor Conference. Details and registration material can be found by clicking Download LABOR CENTER -- 2013 NYU ANNUAL CONFERENCE ON...

New In Print: Law Review Reviews

Posted on May 03, 2013
Fordham Law Review's April 2013, issue includes a symposium on the goals of antitrust. Barak Orbach (Arizona) contributed the Forward. The April 2013, California Law Review includes "Property's Constitution," by James Y. Stern (Virginia) and From Independence to Politics in...

Recent Massachusetts Supreme Judicial Court Decision Interprets a Landlord?s Indemnification Rights under a Commercial Lease

Posted on May 02, 2013
A recent decision by the Massachusetts SJC provides a short master class on indemnification provisions in a commercial lease. (For those interested, a link to the oral argument can also be found here.) While I do not focus on real...

Unsucessful Law Professor Job Applicant Loses Discrimination Case

Posted on May 01, 2013
(Dobkin v. Univ. of Iowa, Iowa Ct. App. No. 2-1096/12-1012, 2/13/13) is an interesting case. The court held that the lower court properly denied admission of an article from a law journal newspaper written by a witness for the age-protected...

Surprise, Surprise A Boss Who Exposes Himself Faces Sexual Harassment

Posted on April 30, 2013
Sometimes you just cannot make these cases up. An emergency medical technician claiming her supervisor exposed his testicles after she told him he "didn't have any balls" can proceed with a sexual harassment claim against her former boss under California...

Workers Memorial Day 2013

Posted on April 28, 2013
Matt Pelletier writes to tell us about Workers Memorial Day which is on April 28, 2013. He published a tribute page which is full of interesting information about OSHA. I did not know anything about Workers Memorial Day. He describes...

Extraneous Facebook Remarks Leads To Remand For Re-Sentencing

Posted on April 27, 2013
Debra Cassens Weiss at ABA Journal has this report about a strange federal child pornography case in Connecticut where the appeals court has remanded the case back to the trial court for re-sentencing. From the story: ...[U.S. District Judge] Eginton...

New In Print: Law Review Reviews

Posted on April 26, 2013
The Denver University Law Review (Vol. 89, No. 4) has published papers from the 19th Annual Rothgerber Conference - "Toward A Constitutional Right of Access to Justice: Implications and Implementations," with a focus on access to the courts and medical...

Thank you for the introduction

Posted on April 26, 2013
Thank you for the introduction and opportunity, Mitchell. I look forward to participating in this blog and contributing on topics relating to corporate law, mergers & acquisitions and technology deals. These are areas that I teach and also where I...

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