(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Adjunct Law Prof Blog 

Post Frequency: 42.5/day Last Entry: April 01, 2011 at 01:00:00 Recent Entries: 3355
By Mitchell H. Rubinstein
Go to Adjunct Law Prof Blog, find other Academic blogs, or browse all law blogs.
Discharge proper of employee who refused to submit to return-to-work exam
Posted on November 24, 2008Joyner v Simkins Indus, Inc, ___A.2d___(Conn Ct. App. November 4, 2008), is an interesting state employment law case where the court rejected the plaintiff's public policy argument. The court held that the employer did not violate public policy underlying the...
4th Holds Plaintiff's Allegations of Cover-Up Dooms His Title VII Case
Posted on November 23, 2008Lightner v. City of Wilmington, ___F.3d___(4th Cir. Nov. 3, 2008), is an important case. It illustrates that Title VII is not a just cause statute and it does not protect against cover-ups, personality conflicts or even disparate treatment unless it....
Identity Theft and Privacy Protection
Posted on November 23, 2008New York recently published a guide which outlines steps consumers could take to protect against identify theft and to help assist people who have already fell victim to identity theft. That guide is available here and may be useful to...
White and Case Lays-Off 70 Associates
Posted on November 22, 2008The November 17, 2008 National Law Journal is reporting that White and Case, a white shoe New York Law firm is laying off 70 associates. That article is available here. White and Case is the 6th largest firm in the...
As Economy Falls, Applications To Public Colleges Soar
Posted on November 22, 2008As Economy Falls, LI Colleges Soar is an interesting Nov. 2, 2008 New York Newsday article which states that applications to Long Island's public universities is soaring due to the economic decline. As the article states: Compared to this time...
Cert petition pending over whether workplace/campus stalking constitutes sex harassment?
Posted on November 21, 2008Martin v. Howard University, is a very interesting case involving the question whether campus stalking could constitute sexual harassment where the University is aware of it and does nothing. To make the case even more interesting, the case involves a...
Commissioner of Education Issues Primer On Student Residency
Posted on November 21, 2008Student Residency cases are fairly common. They are important because a student usually goes to school where he resides. Sometimes, parents try to enroll their students in a "better" district that may be located a few miles away. Appeal of...
3 Month Suspension Upheld In Student Discipline Case
Posted on November 21, 2008In New York students can appeal their suspension to the Commissioner of Education. I Bring Matter of C.R, ___Ed. Dep't. Rep. ___(Oct. 1, 2008), to your attention because it contains an nice summary of the applicable law. The Commissioner described...
False Doctors Note Leads To Public Employee's Termination
Posted on November 21, 2008Forging a medical note to excuse absence Admin. for Children's Services v. Murray, OATH Index No. 2515/08 A clerical associate admitted forging a doctor's note to excuse a three-day absence after he was involved in a car accident. Noting that...
St. John's Law School Mourns The Passing Of Its Dean
Posted on November 21, 2008Since so many of our readers are from the St. John's community, I thought I should let people know that yesterday I became aware that our Dean, Mary Daly passed away after a long illness. SJU's announcement is available here....
2d Enforces NLRB Finding Unlawful Unilateral Change
Posted on November 20, 2008Cibao Meats v. NLRB, ____F.3d____(2d Cir. Nov. 2, 2008), is an interesting case where the 2d enforced the decision of the NLRB below. The court approved of the Board's order which held that because the employer unilaterally ceased payments to...
Use of profanity toward a supervisor
Posted on November 20, 2008Health & Hospitals Corp. (North Bronx Healthcare Network) v. Wolfe, OATH Index No. 2844/08 Evidence at the hearing established that a hospital service aide used profanity toward his supervisor and asked him to "step outside." ALJ Tynia Richard also credited...
Employee Misclassification Protection Act Introduced
Posted on November 20, 2008Senator Kennedy is still hard at work. On September 29, 2008, he introduced S. 3648. If enacted, this statute would amend the FLSA to provide for harsher employer penalties for misclassifying workers as independent contractors. The Bill imposes a $10,000...
New York Criminal Practice Blog
Posted on November 20, 2008There is a new blog in town that focuses on New York Criminal Practice and Procedure. It is run by Professor Larry Cunningham, a legal writing professor at St. John's Law School. Professor Cunningham explained his reasons for starting this...
Law Professor Suit Against His Students Settled!
Posted on November 19, 2008As reported on Adjunct Law Prof Blog here on April 30, 2008, and here on May 2, 2008, a University of Arkansas,Little Rock William H. Bowen School of Law professor actually sued his students for defamation. Why? They accused him...
UAW and Big 3 Seek Bailout
Posted on November 19, 2008Clout Has Plunged For Automakers and Union Too is an interesting Nov. 17, 2008 New York Times article. It discusses the fact that both the Big 3 automakers and the UAW will be seeking Bailout monies from Congress. However, as...
Individual rather than the court responsible for identifying the ?cause of action?
Posted on November 19, 2008Zimmer v Secretary of Department of Homeland Security, USCA, 3rd Circuit, Docket #08-1590, October 22, 2008 [not precedential] Lawrence Zimmer appealed an order by the United States District Court for the Middle District of Pennsylvania, that dismissed his employment discrimination...
The Workplace Religious Freedom Act of 2008
Posted on November 19, 2008The Workplace Religious Freedom Act of 2008 is a pending Bill, S. 368, that has been introduced by Senator John Kerry. It amends Title VII to require accommodation of religious practices. It amends the definitional section of Title VII. You...
Employer not required to provide union with the work e-mail addresses of its employees
Posted on November 18, 2008Professional Staff Congress, AFT Local 2334 and City University Of New York, PERB Decision U-27641 City University did not violate the Taylor Law when it refused to provide the Professional Staff Conference with email addresses for employees at work. PERB?s...
Staying Abreast Of EEO Cases
Posted on November 18, 2008As regular readers to this blog know, Jack Sargent, a retired EEOC attorney, publishes a Free Internet Newsletter entitled EEO INews which includes links and commentary to recently decided EEO cases. It is a wonderful way to stay abreast of...
Morgan Lewis Barred From Litigation Because It Offerred To Represent Witness
Posted on November 18, 2008Morgan Lewis is one of this nation's premier employment law firms. However a Oct. 29, 2008 law.com article entitled "Judge Calls Morgan Lewis Actions A Bid To Thwart Informal Discovery" May Tarnish there reputation. What happened? They reportedly approached a...
No Personal Liability Under Illinois Employee Classification Act
Posted on November 18, 2008Chicago Reg'l Council of Carpenters v Sciamanna, Inc, ___F. Supp. 2d___ ( N. D. Ill, October 23, 2008), is an important employment law case of first impression concerning the Illinois Employee Classification Act, which aims to minimize the improper classification...
President Elect Obama And Blackberrys
Posted on November 16, 2008Say Goodbye To Blackberry ? Yes He Can Maybe is a very interesting Nov. 15, 2008 New York Times article. It discusses how Obama has been dependent on his blackberry as well as technology. The article postulates that Obama may...
Minority Enrollement In Law Schools On The Decline
Posted on November 16, 2008Deans, Professors Ponder Reasons For Decline in Minority Enrollment is an interesting Nov. 14, 2008 New York Law Journal Article. (free with registration). Its about a trend towards decreasing minority enrollment in law schools. Why? The article ponders that this...
7th Defines Who Is A Supervisor Under Title VII
Posted on November 16, 2008Andonissany v. Hewlett-Packard Co., ___F.3d___(7th Cir. Nov. 7, 2008), is an important decision that has gone virtually unnoticed. In this Title VII, racial harassment case, the court had to define who a supervisor was under Title VII. The court narrowly...
Online Law Schools
Posted on November 16, 2008Online grads: Older No Slackers is an interesting Nov. 3, 2008 National Law Journal article about online legal education. It focuses on perhaps the best well known of these programs, Concord Law School. Concord reportedly has graduated 525 students and...
DOL To Issue New and Updated FMLA Regs
Posted on November 15, 2008On Nov. 17, 2008, the DOL will publish the first revisions to its rules since the statute was enacted in 1993. A copy of the current rules are available here. The revised rules and comment are available here. They span...
Washington D.C. Proposes To Eliminate Teacher Tenure
Posted on November 14, 2008A School Chief Takes On Tenure is an important November 13, 2008 New York Times article. It is about the Washington D.C. Superintendent's quest to eliminate tenure in exchange for huge teacher raises, perhaps up to $40,000. As the article...
Book Review Highlight-Heinsz, Nolan and Bales LABOR LAW (6th ed. 2009)
Posted on November 14, 2008Move over Cox, Bok, Gorman and Finkin, there is a new labor law text in town. It is Labor Law Collective Bargaining in a Free Society (6th Ed. 2009) by the late Timothy J. Heinsz, Dennis Nolan and Richard Bales....
Employees and retirees covered by a health insurance plan must be advised of changes
Posted on November 14, 2008Orth v Wisconsin State Employees Union Council 24 et al, USCA 7th Circuit, Docket # 07-2778. A collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr. Orth prior to...
Previous | Next
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...
If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....

If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








