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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

First Amendment Case Involving Attorney Employed By Disciplinary Committee Can Proceed To Trial

Posted on May 27, 2009
Anderson v. State of New York, ___F.Supp. 2d___(S.D.N.Y. April 27, 2009), is an interesting case. In a lengthly decision, the court held that the plaintiff, a New York lawyer, who was fired after working six years as a staff lawyer...

Copy of Justice Souter's Resignation Letter

Posted on May 26, 2009
Ever wonder what a retirement letter from the Supreme Court looks like. Well, SCOTUS Blog has Souter's letter to the President and additional information which is reproduced as follows: Justice David H. Souter notified President Obama Friday that he will...

Proposed Restatement of Employment Law

Posted on May 26, 2009
Professor Richard Bales over at Workplace Prof Blog posted a very interesting April 29, 2009 article about the proposed Restatement of Employment Law which scholars cannot seem to agree on. He summarizes the debate and enclosed links to several important...

Ledbetter Act saves professor?s Title VII claim for denial of tenure

Posted on May 26, 2009
Gentry v Jackson State Univ, ___F.Supp.2d___ (S.D. Miss. April 17, 2009), is an interesting case. The court held that the plaintiff, a university professor could proceed with her claim that she was denied tenure and a corresponding salary increase because...

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Is Discharge For Wearing Religious Nose Ring Discriminatory??

Posted on May 26, 2009
EEOC v Papin Enters Inc, ___F.Supp.2d____(M.D. Fla. April 7, 2009), is an interesting case. The court held that EEOC could proceed to trial with its lawsuit alleging that a Florida corporation which franchised the Subway sandwich shop brand and one...

Justice O'Connor on Judicial Elections, Civic Education and the High Court Vacancy

Posted on May 25, 2009
Justice O'Connor gave a rare interview to the National Law Journal, here. As she has done before, she discussed the importance of civc's and education, but this time she also talked a bit about Justice Souter and that she would...

Prof. Harris Confirmed As Deputy Secy of Labor

Posted on May 24, 2009
On May 21, 2009, the U.S. Senate confirmed New York Law School Professor Seth Harris to be Deputy Secretary of Labor which is the number 2 position in the department. Seth is a old college buddy of mine as well...

Bitter Lawyer Entertaining Web Site

Posted on May 23, 2009
Ok, its Memorial Day weekend, so its time for something light. How about this wonderful new web site I just discovered www.Bitterlaw.com. It is run by former big firm lawyers with one goal in mind-to entertain. Some of the material...

Slow Computer Boot-Time Suit

Posted on May 23, 2009
Laptop Mag at page 112 (April 2009), reported in a brief blurb (no link to the story online) that employees at AT&T, Cigna an United Health Group are suing their employers for the time they have to spend waiting for...

List of Law Profs In Obama Administration

Posted on May 22, 2009
Here, complied by Hunter of Justice. Hat Tip. Brian Leiter Law School Reports Mitchell H. Rubinstein

Court Holds That To Be Eligible For Unemployment, You Must Be Totally Unemployed

Posted on May 22, 2009
Matter of Bunting v. Commissioner of Labor, ___A.D.3d___(3d Dept. April 23, 2009), is an interesting case. The plaintiff was denied unemployment because he was not totally unemployed. As the court explained: By decision filed May 28, 2008, the Unemployment Insurance...

New York Law Journal Special Report On Law Schools

Posted on May 22, 2009
The April 27, 2009 New York Law Journal ran a Special Report on Law Schools. (registration required). The Journal is running stories on survival tips for law students, law school rankings, what law firms want, and career management. I found...

Conflict of Interest for Adjunct at Rutgers-Newark Law

Posted on May 22, 2009
Dan Filler at The Faculty Lounge picked up this story by Henry Gottlieb, New Jersey Law Journal, about Rutgers-Newark Law forcing adjunct professor Sheryl Mintz Goski to choose between working as an adjunct at the school or representing a client...

Union Busting Increasing!

Posted on May 21, 2009
Study Says Antiunion Tactics Are Becoming More Common is an important May 19, 2009 article by NY Times Reporter Steven Greenhouse. Greenhouse previews a upcoming scholarly article by Cornell ILR Professor Kate Bronfenbrenner which documents some stunning statistics including: -57%...

FMLA Retaliation Found Where Employer Cancelled Health Insurance

Posted on May 21, 2009
Ryl-Kuchar v Care Centers, Inc, ___F.3d___(7th Cir. May 11, 2009), is an interesting FMLA case. The 7th held that a jury could reasonably have found an employer violated the FMLA when it retroactively canceled an employee?s health insurance benefits after...

ADA Document Portal

Posted on May 21, 2009
The National Network of ADA Centers maintains a ADA Document Portal which researchers and litigators may find of interest. The categories of information which can be researched are as follows: General The ADA Law Overview Frequently Asked Questions Employment Technical...

8th Circuit Issues Decision Discussing Damages Under Title VII

Posted on May 21, 2009
Wallace v. DTG Operations, Inc., No. 08-1474 (8th Cir. Apr. 17, 2009), is an interesting decision. This is because it reviews the standards for awarding damages under Title VII. The 8th affirms a jury veridict ($10K wages; $20K comps; $220K...

Restatement of Employment Law About To Be Adopted

Posted on May 20, 2009
Workplace Prof Blog has reported that the Restatement of Employment Law has been tentatively adopted by ALI (the same folks who brought us the UCC). Foir a copy, click on the word Restatement The ALI has stated that the tentative...

Breaking News Copies of Torture Memo's Available; ASIL Paper of Torture Memos

Posted on May 20, 2009
The American Society of International Law recently published a paper, as part of their Insight Series entitled "The Torture Memos and Accountability". It is written by Allen Weiner-a Stanford Law School Prof. It includes links to the memos in question,...

7th Holds Driving Is Not A Majority Activity Under ADA

Posted on May 20, 2009
Winsley v. Cook County, No. 08-2339 (7th Cir. Apr. 22, 2009) is an interesting decision. The court affirmed the dismissal of Black female nurse?s race and disability + retaliation claims, noting that driving is not an ADA major life activity....

So You Want To Be A FT College Prof

Posted on May 20, 2009
So You Want To Be A Professor is an interesting April 23rd Wall Street Journal Op Ed which discusses just how difficult it is to land a tenure track gig at a University. The article does not discuss law profs...

More on Souter's Possible Replacements

Posted on May 19, 2009
This is a new one. Professor Eric Posner, the son of 7th Circuit Judge Posner has posted on a blog a story about statistical analysis of Judges to rate the leading candidates to replace Justice Souter. A law.com story about...

Arbitration Award That Conflicts With Public Employer's Internal Policy Does Not Violate Public Policy

Posted on May 19, 2009
I bring Matter of Amalgamated Transit Union v. MTA, ____Misc. 3d____ (N.Y. Co. April 16, 2009), to your attention because it once again demonstrates how difficult and close to impossible it is to vacate an arbitration award. Here, an arbitrator...

Summaries Of Law Review Articles

Posted on May 19, 2009
The Legal Workshop is a blog which reprints summaries of law review articles from several schools. The current members are: Cornell Law Review Duke Law Journal Georgetown Law Journal New York University Law Review Northwestern University Law Review Stanford Law...

Individual Liability For Discrimination Under New York Law

Posted on May 19, 2009
Solinsky v. Custodial Maintenance, ___F.Supp. 2d ___ , 2008 U.S. Dist. Lexis 105964 (N.D. N.Y. 2009)(not freely available on the internet) demonstrates once again how state discrimination law differs from federal law. Here, corporate officers were not entitled to dismissal...

2d Circuit Issues Major Decision On Intersection Between Statutory Strike Notice and Call In Rule

Posted on May 18, 2009
NLRB v. Special Touch, ___F.3d____(2d Cir. May 12, 2009), is an important case of first impression. In the health care industry, unions must give advance notice of striking. That was done in this case. However, the employer also had a...

Two Year Suspension Of Student For Placing Fist On Teacher Sustained

Posted on May 18, 2009
Appeal of B.M., 48 Ed. Dep't. Rep.___, No. 15, 909 (March 31, 2009), is brought to your attention because it reviews some basic principles with respect to discipline of students under N.Y. Education Law Sec. 3214. Here, a two year...

Alexander and Alexander's Law of Schools, Students and Teachers in a Nutshell, 4th

Posted on May 18, 2009
I was kind of surprised to learn that West publishes Alexander and Alexander's Law of Schools, Students and Teachers in a Nutshell (4th ed. 2009). That is because Education Law is unfortunately, not a popular class in law schools. Upon...

Cancer patient with unknown return date not otherwise qualified under ADA

Posted on May 18, 2009
Peyton v Fred's Stores of Arkansas, Inc, ___F.3d___(8th Cir. April 15, 2009), demonstrates how difficult it is to establish a ADA claim. A store manager who was diagnosed with ovarian cancer and who was uncertain as to her possible return...

DOL SOX proceeding had preclusive effect on later Title VII, ADEA court claims

Posted on May 17, 2009
Tice v Bristol-Myers Squibb Co, ___F.3d___ (3rd Cir. April 8, 2009), is an important case-yet it is marked as "not precedential." In a case of first impression, the Third affirmed a district court ruling that an employee could not proceed...

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