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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

Think Before You Tweet

Posted on December 02, 2009
Professor Wants Law Students To Think Before They Tweet is an interesting Oct. 19, 2009 National Law Journal article. In this article, a Drake Law School prof warns students and attorneys that there is a gap between what the older...

Appointing authority not required to postponing an administrative disciplinary action despite a pending related criminal action

Posted on December 02, 2009
Matter of Watson v City of Jamestown, 27 AD3d 1183 The bottom line in the Watson decision: An individual does not have a right to delay an administrative disciplinary proceeding pending the resolution of criminal action based on related acts...

7thCir: Only written complaints are FLSA-protected activity; rehearing denied

Posted on December 01, 2009
In a 7-3 vote, the Seventh Circuit denied an employee's petition for panel rehearing and rehearing en banc of a decision holding that employees must complain in writing in order to be protected under the FLSA's anti-retaliation clause. In June,...

Attorney barred from practicing before the New York City Office of Administrative Trials and Hearings [OATH]

Posted on December 01, 2009
In the Matter of Department of Education v Craig Brust, OATH Index. No. 2280/07 The Chief Administrative Law Judge suspended an attorney indefinitely from practicing before OATH for willfully and persistently violating Section 1-13 of its rules of practice during...

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Massive summary judgment materials produced error

Posted on December 01, 2009
Nazir v United Airlines, Inc, ___Cal. Rept. ____(Ct. App. October 9, 2009), is an interesting case. In a case involving what a California Court of Appeal said "may well be the most oppressive motion ever presented to a superior court,"...

White House Crashers Legal Responsibility

Posted on December 01, 2009
So what are the legal consequences for sneaking into a White House party and meeting the President and Vice-President?? It of course, depends upon the facts. What exactly was said and to whom. The Blog of the Legal Times believes...

Duty To Accommodate With Natural Light

Posted on November 30, 2009
Ekstrand v. School Dist., __F.3d___(7th Cir. Oct. 6, 2009) is an interesting case. Plaintiff, a former elementary school teacher with seasonal affective disorder whose requests for classroom with natural light were denied may proceed with failure-to-accommodate claim, even though she...

EEOC Issues Technical Assistance Document on Pandemic Planning in the Workplace

Posted on November 30, 2009
The influenza season is now official. Interesting the EEOC issued technical document to help instruct employers what to do. he Equal Employment Opportunity Commission has published new technical guidance, ?Pandemic Preparedness in the Workplace and the Americans with Disabilities Act,?...

Can Employers Mandate That Employees Take Swine Flu Shot??

Posted on November 30, 2009
Employers ask Can we require Swine Flu Shots For Workers is an interesting and timely Oct. 20, 2009 National Law Journal article. The bottom line according to the article is yes. As the article states: In the private arena, Michels...

Upcoming conferences for new and aspiring law professors

Posted on October 01, 2009
Readers of this blog may be interested in these two upcoming conferences courtesy of the Legal Scholars Blog: 1. The Southwest Junior Law Professors Workshop - Tempe, Arizona The Sandra Day O?Connor College of Law (Arizona State University) hosts the...

Columbia Medical Student Looses In His Bid To Challenge His 2 Year Suspension

Posted on October 01, 2009
Zartoshiti v. Columbia Univ., ___Misc.3d___(N.Y. Co. Aug. 12, 2009), is about a medical student's challenge to his suspension due to poor grades. Students making such challenges almost never prevail because they have a tough burden to meet. The court described...

List of Law School Bloggers

Posted on October 01, 2009
Evidence Prof Blog is putting together a list of law professors who blog, available here. Unlike some other lists, adjunct profs are included and therefore, this blog is included. Readers may find this posting of interest. Mitchell H. Rubinstein

Supremes Grant Cert In Executive Compensation Case

Posted on October 01, 2009
The N.Y. Times reported on August 17, 2009 that the Supremes granted cert. in an executive compensation case. Here. The case arises out of the 7th Circuit and generated a strong dissent from Judge Posner with regard to an application...

Appeals court finds plenty of evidence to support FMLA claim

Posted on October 01, 2009
DeFreitas v Horizon Investment, ___F.3d___(10th Cir. August 14, 2009, is an interesting case. Plaintiff was discharged the day after telling her employer she needed a full six weeks off to recover from a hysterectomy (per doctor?s orders). The court held...

Supreme Court Oral Argument Preview-RAILWAY LABOR ACT, ARBITRATION, COLLECTIVE BARGAINING, DUE PROCESS

Posted on September 30, 2009
There is one major labor case scheduled for oral argument in the Supreme Court on Oct. 7, 2009. Five railroad employees filed claims through their union, the Brotherhood of Locomotive Engineers and Trainmen (?Brotherhood?), contesting disciplinary charges imposed by the...

Supreme Court Term Preview: Business Issues in the Spotlight

Posted on September 30, 2009
The First Monday in October is coming up and the National Law Journal has an excellent article previewing the major cases, available here. Though the article states that no employment cases were taken, that is only partially correct. There is...

NLRB backpay calculations were not arbitrary or unreasonable

Posted on September 30, 2009
You don't see a case like NLRB v John T. Jones Construction Co, ___F.3d____(8th Cir. August 14, 2009), everyday. Affirming an NLRB supplemental decision, the Eighth Circuit held the Board did not err in failing to offset fringe-benefit contributions by...

No need to reinstate employee before discharging for cause under FMLA

Posted on September 30, 2009
(Daugherty v Wabash Center, ___F.3d___(7th Cir. August 14, 2009), is an unusual FMLA case. Plaintiff contended that his employer was ?absolutely prohibited from terminating him? while he was out on FMLA leave. He also claimed an employer who discovers a...

The job market is really bad when unemployed lawyers start applying for unpaid jobs

Posted on September 30, 2009
Above the Law is reporting on a Craigslist advertisement placed by a Menlo Park, California law firm seeking an attorney(s) willing to work for free in a 6 to 12 month "internship" with the possibility of a later shot at...

Adjunct critical of school's preferential treatment of athletes allegedly fired for her views

Posted on September 30, 2009
The New York Times is reporting that a U. of Binghamton adjunct who taught human development for eleven years is alleging she was dismissed because of her criticism of the school's preferential treatment of athletes, including pressure to change grades,...

Does being a "character" make you a better teacher?

Posted on September 30, 2009
That's the question being asked at the Chronicle of Higher Ed blog where readers are encouraged to post their opinions. For adjunct law profs, many of whom also practice, it might make it more difficult to maintain a professional persona...

Professor Insurance

Posted on September 29, 2009
Peter Schmidt wrote an excellent Oct. 2, 2009 article for The Chronicle Of Higher Education entitled "Professors Are Pitched Lawsuit Protection." (registration required). It discusses an issue that professors do not like to talk about-being sued. Professors can be sued...

Facebook, Law Students and Professors

Posted on September 29, 2009
On Sept. 28, 2009, the Chronicle of Higher Education ran an interesting article entitled Facebook, The New Classroom Commons?(registration required for full article).The article highlights the pros and cons of friending students on Facebook. On the one hand, it crosses...

Complaint Thrown Out For Poor Stapling

Posted on September 29, 2009
Contributing Editor Jim Levy posted an interesting story on Legal Writing Prof Blog about a case being thrown out for poor stapling. As Jim states: The New York Law Journal is reporting (subscription only) that a New York state judge...

Multiple nooses created hostile workplace, but no employer liability

Posted on September 29, 2009
Porter v Erie Foods Int?l, Inc, ___F.3d___(7th Cir. August 7, 2009), is an important decision to be aware of. An African-American worker whose coworkers displayed nooses and threatened him experienced a racially-hostile workplace, but his employer was not liable for...

Mistake As A Defense In Employment Discrimination

Posted on September 27, 2009
Upshaw v Ford Motor Co, ___F.3d___ (6th Cir. August 14, 2009), is an interesting decision. An employer admitted that it mistakenly promoted white candidates based on faulty performance ratings, but the mistake was a legitimate, nondiscriminatory reason for failing to...

On Call Duty and The FLSA

Posted on September 27, 2009
The National Law Journal ran an interesting August 14, 2009 article about AT&T Trouble Shooters who brought a class action because they were not paid while on call, here. Unfortuntately, the article does not do a good job in outlining...

Employee terminated after making a false statement on his employment application

Posted on September 27, 2009
Matter of Wilson v Town of Minerva Town Bd., 2009 NY Slip Op 06214, decided on August 13, 2009, Appellate Division, Third Department The Town of Minerva appointed Philip Wilson as a maintenance mechanic in 2001. When completing his employment...

For adjuncts, does teaching at a for-profit present special challenges?

Posted on September 25, 2009
Here's an interesting article from Inside Higher Ed about the difference between teaching at a non-profit versus a for-profit university from an adjunct's perspective. There are already a few for-profit law schools, including Florida Coastal, California Western, and Phoenix, and...

Breaking News New ADA Proposed Regulations Published

Posted on September 24, 2009
On Sept. 23, 2009, the EEOC published new ADA regulations under the amended statute. A copy of the Federal Register is available here. The regulations are significant for the following reasons: They interpret broadly the definition of ?disability?; Significantly lower...

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