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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

Brian Hayes Republican Nominated To NLRB

Posted on July 13, 2009
President Obama has nominated Republican Brian Hayes to the NLRB. As readers know, traditionally, the President's party holds 3 seats and other party holds 2. Workplace Prof Blog reports that now all 3 NLRB Members have been nominated (there are...

Obama To Meet With Union Leaders

Posted on July 13, 2009
In a move that signals the Administration's support for unions, Steven Greenhouse of the NY Times reported that President Obama will be meeting with about a dozen union leaders. The article reports that likely topics are the Employee Free Choice...

California Supreme Court Adopts Title VII Standards For Sexual Harassment Restrictions On Professional Relationships

Posted on July 13, 2009
Standard Established For Sexual Harassment Within Professional Relationships is an important National Law Journal article for California attorneys. California's Civil Code Section 51.9, prohibits sexual harassment in certain business relationships outside the workplace, such as those involving attorneys and their...

Injunction of state rule requiring pharmacists to fill drugs was overbroad

Posted on July 13, 2009
I am surprised that we have not heard much about Stormans, Inc v Selecky, ____F.3d____(9th Cir. July 8, 2009). The 9th held that a district court abused its discretion by enjoining the Washington State Board of Pharmacy from enforcing its...

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Recession and Law Schools

Posted on July 12, 2009
Recession Crimps Plans For New Law Schools is an interesting June 1, 2009 article from the National Law Journal. It is about the effect the economy is having on planned new law schools. As you can imagine, the effect is...

Top 100 Employment Law Blogs

Posted on July 11, 2009
Delaware Employment Law complied a list of the top 100 Employment Law Blogs. This list should be very helpful to readers-even though they left one out! Their list is as follows: Affirmative Action Blog Spot Alaska Employment Law Boston Employment...

Employee Web Based E-Mail- A New Frontier??

Posted on July 09, 2009
Investigating Personal Web Based E-Mail is an excellent June 26, 2009 law.com article. It correctly explains that the law is fairly settled with employee use of employer email. Employees almost never will have a cause of action. But what about...

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

Posted on July 09, 2009
Kalyanaram v New York Institute of Technology, 2009 NY Slip Op 04349, decided on June 4, 2009, Appellate Division, First Department After investigating complaints from 37 students alleging that Gurumurthy Kalyanaram, a member the New York Institute of Technology?s faculty...

Random Drug testing policy for school employees unconstitutional

Posted on July 09, 2009
Jones v. Graham County Bd. of Educ., No. 08-477 (N.C. App. June 2, 2009), is an interesting North Carolina Court of Appeals case. The court held that a Board of Education policy requiring employees to submit to random, suspicionless drug-testing...

Strike Could Threaten 2010 World Cup

Posted on July 09, 2009
A July 9, 2009 Associated Press article reported that South African construction workers recently went on strike and that strike could effect the 2010 World Cup. As the article states: Thousands of workers at stadiums across the country put down...

Copy of Michael Jackson's Will Available

Posted on July 06, 2009
A copy of Michael Jackson's will is all over the internet. If you have not seen it by now, it is available here. It was executed in 2002 and what is surprising to me is that it only spans 5...

What the Franken Victory Means

Posted on July 06, 2009
The AP ran an interesting July 2, 2009 story about the significance of Franken being seated as a U.S. Senator, available here.As they point out, 2 Democrats (Byrd and Kennedy) have been out for months. It will also give the...

Adjunct Law Prof Blog-Research and Blog Roll Updates

Posted on July 06, 2009
As many of you know, on the left hand side of this blog I maintain a list of free legal research sites as well as a blog roll. I have just updated both. Today, a decent amount of research can...

Court vacates jury?s determination that employee was laid off because of her political affiliation

Posted on July 06, 2009
Miller v County of Nassau, 2009 NY Slip Op 31178(U), May 11, 2009, Supreme Court, New York County, Docket Number: 28936/92, Judge: Ute W. Lally [Not selected for publication in the Official Reports] Roberta Miller was the only Democrat employed...

Alumni Sponsors At Harvard

Posted on July 04, 2009
I'm Going To Harvard. Will You Sponsor Me is an interesting June 12, 2009 article. It is about a new service which matches alumni sponsors with students who can not afford college. As the article states: Unithrive, which made its...

Government reports on restraint and seclusion of students

Posted on July 03, 2009
The Congressional Research Service (CRS) issued an updated version of its April 19, 2009 report on the legal issues concerning the use of restraint and seclusion in schools, including their application both to children covered by the Individuals with Disabilities...

JAG Lawyer Applications On The Rise

Posted on July 03, 2009
Military JAG Corps Report Recruitment Surge is a interesting June 8, 2009 National Law Journal article. The article reports that applications for positions as a JAG officer are approaching record levels. This comes as no surprise to me-given the poor...

District?s policy of reviewing of valedictory speeches upheld

Posted on July 02, 2009
Corder v. Lewis Palmer Sch. Dist. No. 38, No. 08-1293 (10th Cir. May 29, 2009), is an interesting Student First Amendment case. The 10th Circuit held that a school district did not violate a student?s free speech rights by requiring...

MT: Employer must accommodate service dog of worker with a disability

Posted on July 02, 2009
McDonald v Dept of Environmental Quality, MontSCt, June 17, 2009, is an interesting Supreme Court of Montana case. The use of a specially trained service dog by a state employee who required the dog?s assistance for both a physical and...

U.S. To Encourage Online Education

Posted on July 02, 2009
U.S. Push For Free Online Courses is an interesting June 29, 2009 article from Inside Higher Education. It reports that the Obama Administration plans to offer federal funds to colleges and high schools that offer free online courses. The program...

Adjunct Professor Abuse

Posted on July 02, 2009
Will Teach For Tenure is an excellent June 25, 2009 article by Kevin Clarke who writes for U.S. Catholic. It outlines how grossly underpaid adjuncts are at colleges-particularly at several Catholic universities which the article focuses on. As the article...

Goldman: Why Law Students Should Take the Federal Courts Course

Posted on July 02, 2009
Roger Goldman (Saint Louis University Law School) has posted his short essay, "Why Students Should Take the Federal Courts Course," on the Social Science Research Network. Saint Louis University Law Review has accepted the paper for publication. Here is the...

Injunction Against Strike Is Not a Prior Restraint On Speech

Posted on July 01, 2009
Commonwealth Employment Relations Board v. Boston Teachers Assoc., ___N.E.2d___ (Mass. App. Court June 28, 2009), is an interesting public sector labor law case. A state appellate court held that a trila court's preliminary injunction prohibiting a teachers strike in connection...

Madoff Sentenced To 150 Years

Posted on July 01, 2009
Madoff is Sentenced to 150 Years For Ponzi Scheme is an interesting June 29, 2009 NY Times article. U.S. Judge Denny Chin, a former labor lawyer, through the book at him and sentenced him to the max for one of...

Law Journal Article On Arbitration Fairness Act

Posted on July 01, 2009
Businesses, Consumers At Odds Over Proposed Arbitration Act is an interesting June 5, 2009 article. It is about the Arbitration Fairness Act that was recently reintroduced into the 111th Congress. The Bill, if enacted would bar most mandatory predispute arbitration,...

Sotomayor Nomination And Web Commentary

Posted on July 01, 2009
The National Law Journal is continuing to provide links to commentary appearing on the web concerning the confirmation of Sonia Sotomayor to the U.S. Supreme Court. For those interested in following these developments, this may be an easy way to...

Johnson & Johnson wins $1.67 Billion from Texas Jury

Posted on July 01, 2009
Johnson & Johnson won a $1.67 billion federal court verdict from an East Texas jury yesterday, the largest patent jury verdict in U.S. history. Johnson & Johnson's Centocor unit sued Abbott Laboratories claiming Abbott interfered with Johnson & Johnson's exclusive...

Supremes Decide Important Reverse Discrimination Case

Posted on June 30, 2009
Ricci v. DeStefano, 557 U.S. ___(June 29, 2009), is an important Title VII decision concerning reverse discrimination. The decision spans 93 pages and is well written. In a 5-4 decision, the Court holds that a fire department's rejection of a...

ENDA Re-introduced Into the 111th Congress

Posted on June 30, 2009
On June 19, 2009, Rep. Barney Frank re-introduced H.R. 2981, the Employment Non-Discrimination Act or "ENDA." The Bill makes it unlawful to discriminate on the basis of sexual orientation or gender identity. Specifically, the Bill provides in part: Employer Practices-...

Student On Student Harassment Via Email-Not Actionable

Posted on June 30, 2009
Sauerhaft v. Board of Education, Hastings-on-Hudson U.F.S.D., ___F.Supp.2d. ____, NYLJ June 8, 2009 (S.D.N.Y. 2009) (registration required), is an interesting case. Plaintiff received three offensive e-mails through her high school e-mail account. She claimed the e-mails were student-on-student sexual harassment...

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