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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

Excellent NYLJ article on FMLA Regulations

Posted on March 18, 2009
New Regulations Change in Face of Family Medical Leave Act (registration required) is an excellent Feb. 26, 2009 New York Law Journal article about the recent amendments to the FMLA. It outlines the changes applicable to service men and women...

Supremes Grant Cert In RLA Case Concerning Scope of Review of NRAB Decisions

Posted on March 18, 2009
The Supreme Court granted cert in Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Cent. Region v. Union Pacific R. Co., 522 F.3d 746 (C.A.7-Ill. 2008). The Seventh held that the Court of Appeals could review claims of...

NLRB Issues Important Decision On Responsible Direction And Assignment

Posted on March 17, 2009
Rockspring Development, 353 NLRB No. 105 (Feb. 27, 2009), is an important decision concerning supervisor status. The issue was whether a safety coordinator was a supervisor and the Board held that he was not, reasoning: In Oakwood Healthcare, supra, the...

Directory of Online Law Reviews and Journals

Posted on March 17, 2009
As most people know, it generally takes about a year to get published in a main line law review. Recently, a number of schools added online law review journals. They sometimes allow original scholarship, but are sometimes limited to filing...

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Personal preference not enough to establish a material adverse action

Posted on March 17, 2009
Semsroth v City of Wichita, ___F.3d___(10th Cir. February 17, 2009), is yet another decision struggling with what an adverse employment action is under Title VII. The 10th held that 3 plaintiff police officers asserting Title VII reprisal claims failed to...

Hearing-aid ban during hearing test was a lawful business necessity

Posted on March 17, 2009
Allmond v Akal Security, Inc, ___F.3d___(11th Cir. February 20, 2009), is one of those few cases where a business necessity defense was established by the employer. A ban on the use of hearing aids during hearing tests in preemployment medical...

Alternative to LSAT??

Posted on March 16, 2009
Study Offers A New Test of Potential Lawyers is a very interesting March 10, 2009 article from the New York Times. It discusses a test that has been developed by a retired law professor to come up with an alternative...

Interesting Employment At Will Law Review Article

Posted on March 16, 2009
Professor Kenneth Swift (Hamline Law School) recently posted on SSRN his article entitled "The Public Policy Exception to Employment at Will: Time to Retire A Nobel Warrior?" In this article, Professor Swift surveys the development of the employment at will...

Probationer must prove dismissal was made in bad faith or for a statutorily or constitutionally impermissible reason

Posted on March 16, 2009
Matter of Bonanno v Nassau County Civ. Serv. Commn., 009 NY Slip Op 01114, Decided on February 10, 2009, Appellate Division, Second Department Dorothy H. Bonanno, a probationary employee dismissed from her position, sued to regain her position alleging that...

1st Issues Major Decision Upholding Authority of 2 Member NLRB To Issue Decisions

Posted on March 16, 2009
Northeastern Land Services v. NLRB, ___F.3d___(1st Cir. March 13, 2009), is a major decision upholding the authority of the NLRB to make decisions with only 2 Members. The substance of the case concerned a ULP because the employer maintained an...

Help Wanted U.S. Supreme Court Justice??

Posted on March 15, 2009
An interesting March 16, 2009 law.com article entitled Justice Ginsburg Hints at Possible Supreme Court Opening suggests that there may be a Supreme Court opening soon. But who will it be? Ginsburg who is recovering from cancer, Stevens who is...

Book Review Highlight-Randall, The Section 207a/c Casebook

Posted on March 15, 2009
Readers of this blog will know Harvey and Eric Randall. They are the authors of the Discipline Book (reviewed here and here) which is about New York Public Sector Labor and Employment Law. I am pleased to announce that they...

Hofstra Law School April 1st Conference On Employee Free Choice Act

Posted on March 14, 2009
The Hofstra Labor and Employment Journal is sponsoring an important conference on April 1, 2009 at Hofstra Law School entitled "The Employee Free Choice Act -The Right or Wrong Choice For America." This looks like a wonderful program which I...

More On National Coalition Of Adjunct Faculty

Posted on March 14, 2009
Adjunct Law Prof Blog posted about this new organization on Feb. 22, 2009. I have been in contact with the organizations founders and have decided to join the organizing committee. For you adjuncts out there (both college and law school),...

Ignorance Of The Law Is No Excuse

Posted on March 13, 2009
Matter of Pascarella v. NYS Highway Thruway Authority, ___A.D.3d___(3d Dep't. Feb. 19, 2009), illustrates an important principal of the law. Namely, a party's failure to read instructions or be aware of legal time limits is no excuse. Therefore, the court...

Copy of Madoff's Guilty Plea Allocution

Posted on March 13, 2009
Readers may be interested in seeing a copy of Bernard Madoff's guilty plea allocution he made in federal court, here. It is 6 pages long and made before Judge Denny Chin, who interestingly enough was a plaintiff's side employment lawyer...

Laid Off Attorney Unpaid Internship Opportunites At NYC Corporation Counsel

Posted on March 13, 2009
Here is a new one. The NYC Corporation Counsel is taking advantage of the poor economy by offering some attorneys unpaid work. They have the guts to call this "public service." A March 13, 2009 New York Law Journal explains...

School Attorney Jobs

Posted on March 13, 2009
I recently became aware of the following school law attorney jobs. I thought I would post it for the benefit of our readers. Mitchell H. Rubinstein School Law Jobs Job Title Employer Job Location Special Education Attorney Lozano Smith Northern...

Conflicting Arbitrability Provisions Are For Arbitrator To Decide

Posted on March 12, 2009
Matter of Museum of the City of New York v. D.C. 37, ___Misc. 3d___ (N.Y. Co. Feb. 27, 2009), is a very interesting stay of arbitration decision. The CBA provided that employees who were employed less than a year could...

Age Discrimination Suits Are On the Rise

Posted on March 12, 2009
Surprise, surprise, age discrimination suits are on the rise, so reports the March 11 ,2009 Wall Street Journal. Why? What do people do when they are laid off?? They sue. As the article states:As unemployment intensifies in the economic downturn,...

College Prof Employed On Annual Basis Not Entitled To Unemployment Over The Summer

Posted on March 12, 2009
Matter of Gronowicz v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Feb. 19, 2009), is an interesting unemployment case. The court held that a college prof who was employed on an annual basis was not considered unemployed during the summer. Therefore, he...

Wisconsin student arrested for repeated text messaging in class

Posted on March 12, 2009
The Milwaukee Journal Sentinel, in a Feb. 17, 2009 story by Sharif Durhams reports about a High School resource officer who arrested a student who refused to stop texting during class after a teacher told her to stop. The student...

The Battle Over Employee Free Choice Act Has Begun

Posted on March 11, 2009
There is an interesting March 11, 2009 article in the Washington Post entitled Clash Over Rights Bill Appeal Likely which is about the just reintroduced Employee Free Choice Act. The article outlines the congressional battle which has begun. The real...

IDEA Application To Students With Emotional Problems

Posted on March 11, 2009
Serious Emotional Disturbance and IDEA Eligibility is an interesting Feb. 19, 2009 New York Law Journal article (registration required) that outlines the special problems students with emotional disturbance have under the IDEA. The article describes the issue such students face...

Employee required to answer employer?s work-related inquiries

Posted on March 11, 2009
Spielbauer v County of Santa Clara [Calif.], Supreme Court of California, decided February 9, 2009. Docket No. S-150402 A deputy public defender, Thomas Spielbauer, being investigated by his employer, Santa Clara County, for alleged deceptive court conduct...

Letter To File Not An Adverse Employment Action Under Title VII

Posted on March 11, 2009
Stoddard v. Eastman Kodak, ____F.3d____(2d Cir. Feb. 13, 2009), reminds us that not every possible negative thing that happens at work is actionable under Title VII. Title VII only outlaws discrimination with respect to "material adverse employment actions" which result...

evidence of supervisor's cronyism defeats gender bias claim

Posted on March 10, 2009
Greene v Potter,___F.3d___(7th Cir. March 5, 2009) is an interesting sex discrimination decision. It illustrates a fundamental point of law under Title VII. Title VII is not a general code of civility. It also does not outlaw unfairness or arbitrary....

Scholarly Article Demonstrates That Union Organizers Face 15-20% Chance Of Being Fired Because Of Their Union Activities

Posted on March 10, 2009
"Dropping the Ax: Illegal Firings During Union Election Campaigns, 1951-2007 (March 2009)," is a scholarly empirical report released last week by the Center for Economic and Policy Research which documents just how likely it is for union supporters to be...

Interesting Article On Independent Contractors

Posted on March 10, 2009
Legal Requirements That Influence Control of Independent Contractors and Employees is an interesting Feb. 2009 NYS Bar Journal article about independent contractor status. The article mainly discusses NLRB and Tax case, though readers of this blog are aware that this...

Sending Porn In Email Is Misconduct And Disqualifies Employee From Unemployment Insurance

Posted on March 10, 2009
Geisinger Health Plan v Unemployment Compensation Board of Review, __N.E.2d__(Pa. Ct. Common Pleas Feb. 5, 2009) is an interesting Unemployment decision out of Pennsylvania. A divided Court reversed a decision of the state's Unemployment Compensation Board granting benefits to an...

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