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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

Federal Court Podcasts

Posted on January 18, 2009
The federal court system has made a series of podcasts of the select rule making committee proceedings. Those podcasts are available here. The U.S. Court System's web site provides in part: Welcome to Federal Rulemaking Podcasts! We have posted audio...

Book Review Highlight, The Organized Lawyer By Kelly Lynn Anders

Posted on January 17, 2009
Lawyers that know me are well aware that I spend hours organizing my office and files. I frequently tell lawyers that organization is the key to success. I suspect that Kelly Lynn Anders, the author of a new paper back...

Labor Law Legislation Under Obama Administration

Posted on January 17, 2009
Management attorney Kenneth R. Dolin wrote an interesting article for the Jan. 5, 2009 National Law Journal entitled "Legislation Under Obama." (registration required). Most of the article focuses on the Employee Free Choice Act and why it is not necessary...

Here Comes The Ledbetter Amendment To Title VII

Posted on January 16, 2009
Workplace Prof Blog reported on Jan. 15, 2009, that the Senate invoked cloture on the Ledbetter Amendment to Title VII. As you will recall, this amendment recently passed the House and Obama is a strong supporter. This amendment would amend...

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County Executive?s order recognizing same sex marriages held lawful

Posted on January 16, 2009
County Executive?s order recognizing same sex marriages held lawful Godfrey v Spano, 2008 NY Slip Op 10584, Decided on December 30, 2008, Appellate Division, Second Department Margaret Godfrey asked the court to declare that Westchester County Executive Order No...

Free Electronic Treatise on Electronic Discovery Under FRCP

Posted on January 16, 2009
The Sedona Principles (2d Ed. June 2007), is a free electronic treatise on electronic discovery in federal court. It spans 90 pages and is full of helpful cites. Litigators may want to check this out. Mitchell H. Rubinstein

Commerial Arbitration Differs From Labor Arbitration

Posted on January 16, 2009
Labor Decision Doesn't Effect Business Arbitration is an important December 29, 2008 article from the Legal Intelligencer because it highlights an important difference between labor and commercial arbitration. The article discusses Vantage Technologies Knowledge Assessment v...

Major Decision- Airline Employee Can Sue Lab For False Test Under State Law Tortious Interference and Negligence Theories

Posted on January 15, 2009
Siotkas v. Lab One, ___F.Supp.2d ___(E.D.N.Y. Jan. 6, 2009)(registration required) is a major employment law case. As we all know, drug abuse is a serious problem today and more and more employers are testing employees. What if the lab is...

There Is A New Chief Judge of New York Court of Appeals In Town

Posted on January 15, 2009
Patterson Picks Chief Judge Nominee is an important Jan. 13, 2008 New York Times article which outlines Gov. Patterson's pick to pick a new Chief Judge to replace Judith Kaye. The nominee is Jonathan Lippman, the Chief Judge of the...

Terminated Volunteer Wins First Amendment Case

Posted on January 15, 2009
In a major employment law case of first impression, an uncompensated volunteer's jury verdict in her favor was upheld even though she was not an employee. The case is Lynch v. Town of Southhampton, ___F.3d___(2d Cir. Dec. 2, 2008). Unfortunately,...

Book Review Highlight-Gee and Daniel Law and Public Education: Cases and Materials

Posted on January 15, 2009
E. Gordon Gee, President of Ohio State and Professor Philip Daniel just published a wonderful new edition Law and Public Education: Cases and Materials (Lexis Nexis 4th Ed. 2009). The Book is not yet available on Lexis/Nexis website or on...

Supremes Grant Cert. In Reverse Discrimination Case

Posted on January 14, 2009
Ricci, et al v DeStefano, et al (Dkt Nos. 07-1428; 08-328) looks like it is going to be a critically case in employment discrimination jurisprudence. The Second Circuit decision below is available here. The issue in the case revolves around...

NLRB Upcoming Reversals

Posted on January 14, 2009
Top NLRB Precedents In Jeopardy Under Obama Labor Board is an interesting Jan. 13, 2009 New York Law Journal article (free with registration). This article highlights the top ten NLRB 3-2 decisions which will likely be reversed by an Obama...

Book Review Highlight-Areen Higher Education And The Law Cases and Materials

Posted on January 14, 2009
I was pleasantly surprised to open my mail the other day which included a copy of Georgetown Law School Professor Judith Areen's wonderful casebook entitled Higher Education and the Law (Foundation Press 2009). As its name implies, this book's focus....

NLRB Summarizes Successorship Doctrine

Posted on January 14, 2009
I bring Professional Janitorial Service, 353 NLRB No. 65 (Dec. 17, 2008), to your attention because it does a nice job of summarizing the Board's successorship doctrine. This doctrine provides guidance with respect to when a successor employer has an...

2d Bars Litigant From Filing Appeal Without Leave Of Court In Order To Prevent Frivolous Appeal

Posted on January 13, 2009
We all have seen them. Litigants who who never go away. Often they are judgment proof and they file one lawsuit after another. They usually appear pro se, but Tibbetts v. The President and Fellows of Yale College, __F.3d___(2d Cir....

Auto Bailout Includes A No-Strike Provision

Posted on January 13, 2009
Via Workplace Prof Blog reporting on a Jan. 8, 2009 Wall Street Journal article, the Bailout includes a provision that the UAW may not strike. The amazing thing about this provision is that the union is NOT a party to...

2d Affirms NLRB That 5 Buildings Are Single Employer and Doorman Are Not Guards Under The NLRA

Posted on January 13, 2009
NLRB v. 675 West End Ave., ___F.3d___(2d Cir. Dec. 19, 2008), is an interesting decision which reviews several principles of labor law. First the court reaffirmed the test for single employer status under the NLRA where separate companies are in...

EEOC Investigations Requires That Employers Notify Insurance Carrier

Posted on January 13, 2009
As most practicing labor lawyers know, employers often carry discrimination insurance. Often times, policies require that the carrier be notified even before a formal lawsuit is filed. The failure to notify the carrier can be fatal to any claim for...

NJ Supreme Court Issues Major Employment Law Decision

Posted on January 12, 2009
Tartaglia v. UBS Paineweber, __N.J. ___(Dec. 16, 2008), is a major N.J. Employment Law decision. In a well reasoned opinion, the Court held, in a case of first impression, that a common law retaliatory discharge claim did not require an...

Employment Law Hard Ball

Posted on January 12, 2009
When Outside Counsel Represents Individuals (registration required) is an important Jan. 8, 2009 New York Law Journal article. It is primarily about Rivera v. Lutheran Medical Center, 2008 N.Y. Misc. LEXIS 6060, 866 NYS2d 520 (Sup. Ct., Kings County, 2008)...

Attorney-client privilege defeats motion to depose attorney

Posted on January 12, 2009
lark v Schuylerville Cent. School District, 2008 NY Slip Op 09685, Decided on December 11, 2008, Appellate Division, Third Department Linda Clark, a teacher at Schuylerville Central School District, was placed on administrative leave after showing the R-rated movie Macbeth...

When Is It Appropriate For A NLRB ALJ To Issue A Bench Decision

Posted on January 12, 2009
We do not see Bench decisions in NLRB cases that often. Even less often are cases discussing when it is appropriate to issue such a decision. However, in Camaco Lorain, Mfg., 353 NLRB No. 64 (December 18, 2008), the Board...

Breaking News! Copy of Supreme Court Of Illinois Decision Holding Governor's Appointment of Burris To Senate Was Lawful; Nevertheless, This Does Not Necessarily Get Burris Seated

Posted on January 11, 2009
Burris v. White, ___N.E.2d___(Ill. Jan. 9, 2009) is a critically important constitutional law decision. In a 10 page decision the Court holds that the Governor's appointment of Burris to Obama's Senate seat was lawful. As the Court explained: Because the...

Who Should Conduct Workplace Investigations?

Posted on January 11, 2009
Labor and Employment Law Blog has an interesting December 18, 2008 posting about who should conduct workplace investigations. This posting provides practical advice and concludes that the person chosen should meet the following criteria: Whoever is selected to investigate, it...

Blogs Are Influential

Posted on January 10, 2009
Blogs Find Favor As Buying Guides is an interesting December 21, 2008 article from the New York Times that discusses something we all know. Blogs are influential. Now a study has documented this. As the article states: The study, which...

Free Legal Encyclopedia

Posted on January 10, 2009
American Law and Legal Information maintains a free legal encyclopedia. Non-lawyer readers may find the information helpful, but it is not detailed enough for lawyers. However, it might be worth checking out as a starting point for legal research. I....

Now 401(K) Plans Are Being Cut

Posted on January 10, 2009
In Need of Cash, More Companies Cut 401(K) Match is an important December 20, 2008 New York Times article. As my students all know, for the last several years, more and more employers have stopped providing traditional pension plans known...

Blackberry As A Security Risk! Sorry I Don't Bye It

Posted on January 09, 2009
Risky For All Executives is an interesting Jan. 5, 2009 National Law Journal article about the so called security risks posed by Blackberrys.The article notes that Blackberrys can be lost or stolen and provides: The risk from BlackBerrys is exacerbated...

Labor Unity??

Posted on January 09, 2009
Labor Calls For Unity After Years Of Division is a very interesting Jan. 7, 2009 New York Times article by reporter Steven Greenhouse. Apparently, what sparked this was President-Elect Obama's preference for dealing with a united labor movement. As the...

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