Adjunct Law Prof Blog: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

NYS Div of Human Rights Case Takes 8 Years To Litigate Administratively

Posted on February 13, 2009
I bring Matter of Lowney v. NYS Div. of Human Rights, ___Misc. 3d___(N.Y. Co. Feb. 4, 2009) because it took 8 years for this employment discrimination case to be tried administratively under New York Law. The plaintiff prevailed. What was...

Law Professors In Obama Administration

Posted on February 13, 2009
Dorf on Law has an interesting Jan. 24, 2009 posting entitled Obama's Best and Brightest Law Professors. The article discusses the relatively large number of law profs in the Obama Administration. The article also compares the Obama Administration to the...

The Theory Of Evolution In Texas

Posted on February 13, 2009
Split Outcoome in Texas Battle on Teaching Evolution is an interesting Jan. 24, 2009 New York Times article. It reports on Texas dropping its twenty year mandate that science teachers explore with their students the ?strengths and weaknesses? of all....

SDNY holds that the lack of clean, sex-segregated toilets didn't support harassment claim

Posted on February 12, 2009
Dauer v Verizon Communications Inc,___F.Supp.2d___(S.D.N.Y. January 26, 2009), is an unusual case. the court held that an employer's failure to provide an office technician with access to unoccupied, clean, same-sex bathrooms did not constitute a hostile work environment in violation...

To access this complete feed in the blog feed reader login or register for free.

Rare Cause of Action For Breach of Duty Of Fair Representation Stated

Posted on February 12, 2009
Addington v. U.S. Airlines, 588 F. Supp.2d 1051 (D. Az. 2008)Download 588_F_SUPP_2D_1051_2-11-09_1331.txt is a rare plaintiff DFR win-or at least the successful defeat of a motion to dismiss. This is an RLA case where pilots of a smaller airline that...

Garcetti Applied To Classroom Instruction

Posted on February 12, 2009
Panse v. Eastwood, ___F.3d___(2d Cir. Dec. 18, 2008)(n.o.r.), is a critically important First Amendment case. Amazingly, the 2nd chose not to officially publish it. After noting that there was a conflict in the circuits over whether Garcetti applies to classroom...

Supremes Grant Cert Over Reasonableness Of Student Strip Search For Prescription Strength Ibuprofen

Posted on February 12, 2009
The Supremes granted certiorari in a 1983 action in which the Ninth Circuit, sitting en banc, held that middle school officials' strip search of a thirteen-year-old female student to find prescription strength ibuprofen was unreasonable under the Fourth Amendment...

NJ: Ordinance banning union's inflatable rat violated free speech rights

Posted on February 11, 2009
State of New Jersey v DeAngelo,___N.J. ___(N.J. February 5, 2009), is an important N.J. Supreme Court decision. The court held that a sign ordinance that prohibits a union from displaying a ten-foot-tall, inflatable rat balloon at labor protests but allows...

Pre-deprivation Hearing Not Required Where Plaintiff Convicted Of A Felony

Posted on February 11, 2009
Rosa v. CUNY, ___F.3d___(2d Cir. Jan. 13, 2009), is an interesting public sector employment law case. A tenured faculty member was convicted of a felony crime and ultimately his termination was upheld by an arbitrator. Here, the plaintiff claimed that...

Large Law Firm Requires Use of LOIS Law Over LEXIS

Posted on February 11, 2009
Locke Lord Bissell & Liddell reportedly is requiring its associates to use LOIS Law over Lexis and Westlaw at least with regard to non-billable matters. Why? The firm has a flat rate with LOIS Law and can reportedly save money....

2d Issues A Primer On IDEA Private Placement Decision

Posted on February 11, 2009
A.C. v. Board of Education, ___F.3d___(2d Cir. Jan. 16, 2009), is a typical special education case where the the parents disagree with the school district, enroll their child in private school and seek reimbursement from the school district. Here the...

Employer's assistance with decertification drive warranted bargaining order

Posted on February 10, 2009
Narricot Industries, LP, 353 NLRB No 82 (January 30, 2009), is an interesting case. The NLRB held that an employer that impermissibly assisted in petition efforts to decertify an incumbent union could not rely solely on the decertification petition as...

Keeping Track of Telecommuters

Posted on February 10, 2009
Keeping Track of Telecommuters (registration required) is an interesting Feb. 9, 2009 New York Law Journal article. It is about the problem of monitoring employee work and the fact that such monitoring can raise legal issues. As the article states:Fuel...

Court Annuls One Year Student Suspension For Gang Related Activity

Posted on February 10, 2009
Board of Education v. Commissioner of Education, ___Misc. 3d___(Albany Co. Jan. 9, 2009), demonstrates that student suspension hearings are complicated and they have their own procedural rules which must be followed. I bring this case to your attention because it...

Arbitration Vacated Where Employee Violated Last Chance Agreement

Posted on February 10, 2009
Yakima Police Patrolman's Assn, ___N.W.2d___ ( Wash. Ct. App, January 8, 2009), is an interesting public sector arbitration decision. The court held that a police officer was properly terminated for violating the terms of a last chance agreement and the...

8th Circuit Upholds School Ban Of Confederate Flag

Posted on February 09, 2009
In BWA v. Farmington R-7 Sch. Dist., No. 07-3099 (8th Cir. Jan. 30, 2009),the Eighth Circuit held that a Missouri school district?s ban on the display of Confederate flag did not violate students? First Amendment free speech rights, because school...

Seton Hall Law School Graduate Earns U.S. Supreme Court Clerkship

Posted on February 09, 2009
A Feb. 2, 2009 press release from Seton Hall Law School announces that Lucas Townsend, '04, has secured a clerkship with Supreme Court Justice Samuel Alito, commencing in July 2009. Justice Alito was an adjunct at Seton Hall while he...

Comments By Co-Worker Does Not Rise To Level Of Sexual Harassment Under Title VII

Posted on February 09, 2009
Title VII, of course, outlaw sexual harassment. There are generally two types of sexual harassment. Quid Pro Quo (this for that) and hostile environment. Ladd v. Grand Trunk, ____F.3d____(6th Cir. Jan. 14, 2009), demonstrates that more than just some offensive...

6th holds school district can be liable for pattern of harassment even if it deals with each incident

Posted on February 09, 2009
The 6th Circuit recently issues an important decision under Title IX. The court held a former student could go to trial in his Title IX case over continued student-on-student sexual harassment, even where a court found that the school district...

A Uniform Bar Examination??

Posted on February 08, 2009
Uniform Bar Exam A Reality? is an interesting Jan. 19, 2009 National Law Journal article. It is about a movement in some 19 states to adopt a uniform bar examination. As the article states: The possibility of a uniform bar...

Stage Is Set For Legal Labor Brawl

Posted on February 08, 2009
Stage Is Set For Legal Labor Brawl is an interesting Jan. 19, 2009 National Law Journal article. It is about the Employee Free Choice Act which some employer groups refer to as "Armageddon." As the article states:Business calls it "Armageddon."...

How Much Should Judges Make??

Posted on February 07, 2009
How Much Should Judges Make? is another interesting New York Times article by Adam Liptak. In this article, which appeared on Jan. 20, 2009, Liptak discusses whether federal judges are underpaid. Chief Justice Roberts has called for a pay increase....

National Law Journal Article On Pyett Presents Some Interesting Stats

Posted on February 07, 2009
Adjunct Prof Blog covered the 2nd Circuit decision in Pyett as well as the Supreme Court's grant of cert. The issue is whether a CBA can waive an individuals statutory rights. Penn Plaza v. Pyett is an interesting Jan. 12,...

Colby on punitive damages (Yale Law Journal)

Posted on February 06, 2009
The Yale Law Journal has published Thomas B. Colby (George Washington), "Clearing the Smoke from Philip Morris v. Williams: The Past, Present, and Future of Punitive Damages" in its December 2008 issue. Professor Colby concurs with the Williams holding prohibiting...

"..and every one of those words rang true"

Posted on February 06, 2009
Michael L. Perlin (New York Law School) has posted, "'Everybody is Making Love/Or Else Expecting Rain'. Considering the Sexual Autonomy Rights of Persons Institutionalized Because of Mental Disability in Forensic Hospitals and in Asia" on the Social Science Research Network...

Does A FAPE Include College Preparation??

Posted on February 06, 2009
Education Week has a great story about a student who claims that his IEP was not sufficient to prepare him for the ACT entrance examinations. This story first appeared in Kansas City Newspaper, here. As the blog posting states:The district...

Union Release Time Counts Towards FMLA Min. Hour Requirements

Posted on February 06, 2009
Maples v. Illinois Bell, ___F.Supp. 2d ___, 2009 U.S. Dist. Lexis 3156 (N.D. Ill. Jan. 14, 2009), is an extremely important FMLA and labor relations case. Many unions bargain for release time for their stewards an officers. Query, does that...

New IRCA Rules On The Way

Posted on February 06, 2009
As most of you know, under IRCA, all employers must verify the identity of employees before they can be hired. The U.S. Department of Homeland Security is amending its regulations governing the types of acceptable identity and employment authorization documents...

Truck Driver Held To Be Employee For Unemployment Purposes

Posted on February 06, 2009
Matter of Wright v. Commissioner, ___A.D. 3d___(3d Dept. Jan. 15, 2009), illustrates that employee status can, and often is, litigated in unemployment hearing and that an independent contractor agreement is not binding. The court, applying the right to control test,...

Garden Leave Employment Contracts

Posted on February 05, 2009
There is a great Feb. 5, 2009 New York Law Journal Employment story by Jeff Klein and Nick Pappas about so called "garden leave" employment contracts. (registration required). What is garden leave? The article describes these clauses as follows:For many...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...