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Adjunct Law Prof Blog Adjunct Law Prof Blog


By Mitchell H. Rubinstein

Post Frequency: 42.5/day

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

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Third Annual Colloquium on Current Scholarship in Labor & Employment Law

Posted on October 19, 2008
The Third Annual Colloquium on Current Scholarship in Labor & Employment Law will take place on Oct. 23-25, 2008 at three different law schools in San Diego California. Co-hosted by University of San Diego School of Law, California Western School...


Supreme Court Preview Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595

Posted on October 18, 2008
On Oct. 8, 2008, the Supremes heard oral argument in Crawford v. Metro Gov't of Nashville & Davidson County, No. 06-1595. A law.com article about this case is available here. SCOTUS WIKI contains copies of all of the briefs as...


Board Refuses To Excuse Party's Default

Posted on October 18, 2008
Forest Hills Supermarket, 353 NLRB No. 37 (Sep't. 30, 2008), is an interesting and important NLRB procedural decision. Section 102.20 of the Board's rules deem a complaint admitted unless an answer is filed in 14 days unless "good cause" is...


U. S. Supreme Court vacates Sixth Circuit in Ohio's Help America Vote Act case

Posted on October 17, 2008
This morning, the United States Supreme Court vacated the Sixth Circuit's earlier 9-6 en banc decision entering a temporary restraining order directing the Ohio Secretary of State to take specific steps to update the state's voter database to meet Help...


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Political Discrimination In The Workplace

Posted on October 17, 2008
Political Discrimination In The New York Workplace is an important and timely Oct. 16, 2008 New York Law Journal by Richard Kass.(registration required). Richard reviews the various constitutional and statutory rights of public and private sector employees with respect to...


Blackberrys and Litigation

Posted on October 17, 2008
Mobile Computing Holds Compliance Risks is an important Oct. 2, 2008 New York Law Journal article. It notes that mobile computing has changed law firm practice as well as much of the American workplace. As a result, the workplace and...


Correction Officer May Not Withdraw His Resignation, But He Is Entitled To A Hearing Over Disciplinary Charges

Posted on October 17, 2008
Blair v. Horn, ___Misc. 3d___(N.Y. Co. Sept. 12, 2008)(Marcy S. Friedman, J.S.C.) is an important NY public sector employment law case. After certain disciplinary allegations arose, a correction officer was given terminal pay and chose to resign. Shortly before his...


Transgendered Employee States Cause of Action

Posted on October 17, 2008
Hofstra Law School Professor Joanna Grossman wrote an interesting article about Schroer v. Billington, ___F. Supp. 2d___(D.D.C. 2008), dated Sept. 30, 2008 entitled Why A Federal District Court's Decision Is a Victory for Transsexuals' Right Not to Face Employment Discrimination...


E.D.N.Y. Judege Jack Weinstein Rejects Use of Race Statistics In Determining Damages

Posted on October 16, 2008
Judge Rejects Use of Statistics on Race to set Damages is an interesting Oct. 15, 2008 New York Law Journal article. The article is about McMillian v. City of New York, ____F.Supp.2d___(E.D.N.Y. Oct. 14, 2008). McMillian was awarded millions in...


Wal-Mart Treats its Part-Time Employees Better Than Universities Treat Adjuncts

Posted on October 16, 2008
Dean Paul Caron over at Tax Prof Blog posted an interesting Oct. 15, 2008 story about a Chronicle of Higher Education article which states that: Wal-Mart, the nation?s largest private employer, long criticized for its workplace policies, is a ?more-honest...


Broadband Data Improvement Act ???

Posted on October 16, 2008
The October 1, 2008 New York Times ran an interesting article entitled Congress OKs bill to improve broadband access. The Bill is S. 1492. This Bill actually only tracks usage and is designed to provide statistics. As the article states:...


US Circuit Court of Appeals rules that New York State law provides for ?employment-at-will? absent a constitutionally impermissible action by the employer

Posted on October 16, 2008
Marsha Bartel v NBC Universal, Inc., USCA 7th Circuit, Docket # 07-3913 www.ca7.uscourts.gov New York State follows the common law doctrine of at-will employment. Except with respect to a judicial exception, ?under New York law as it now stands, absent...


2d Holds Special Education Student Not Entitled To Residential Placement

Posted on October 15, 2008
Matter of M.H. v. Monroe-Woodbury Board of Education, ___F.3d___(2d Cir. Oct. 7, 2008), is a fairly short, but well written decision which summarizes when a student is entitled to a residential placement. As one could imagine, residential placements are quite...


Criminal Prosecutions Predicted to Surge Over Financial Crisis

Posted on October 15, 2008
Criminal Prosecutions Predicted to Surge Over Financial Crisis is an interesting Oct. 9, 2008 New York Law Journal article.A little known part of the recent federal bailout is that companies involved must cooperate with FBI investigations. As the article states:...


10th Holds Lawyering Is Protected Activity Under Title VII

Posted on October 15, 2008
Kelly v. City of Albuquerque, ___F.3d___(10th Cir. Sept. 17, 2008) is a lengthly (41 pages) case of first impression concerning whether an attorneys representation of a client is protected against retaliation under Title VII. The plaintiff, an assistant city attorney...


Board Applies Familar Wright Line Standard To Case Involving Alleged Refusal To Rehire Union SALT

Posted on October 15, 2008
A union SALT is a union operative who obtains employment with a targeted employer. They have the same protections under the NLRA as everyone else. Recently, in Horizon Contracting, 353 NLRB No. 16 (Sept. 25, 2008),the NLRB applied the familar...


NLRA Contains No CBA Ratification Requirement

Posted on October 14, 2008
Most CBA's that are negotiated are subject to ratification by the union membership. However, as New Process Steel, 353 NLRB No. 11 (Sept. 25, 2008) demonstrates this is not required by the NLRA. Rather, this is an internal union matter....


Employer That Provides Shuttle Bus Service Is Subject To RLA

Posted on October 14, 2008
Air Serv Corp., 353 NLRB No. 11 (Sept. 23, 2008), demonstrates how the NLRB decides whether a puative employer is subject to the NLRA or RLA. Quite simply, it doesn't. Rather, it refers the case to the NMB and then...


Yours Truly Will Debate The Employee Free Choice Act on Oct. 14, 2008 at Noon at Columbia Law School

Posted on October 14, 2008
Yours truly will be debating the Employee Free Choice Act later today (Tuesday Oct. 14, 2008) at noon at Columbia Law School in room JG103. I will be debating University of Chicago Professor Richard Epstein. I will be arguing in...


2d Issues Major Decision Defining Least Restrictive Environment

Posted on October 14, 2008
Matter of P v. Newington Board of Education, __F.3d___(2d Cir. Oct. 9, 2008), is a major IDEA decision which explains what is meant by the terms "least restrictive environment." The court held that the Board complied with the IDEA's least...


On Law Review Titles

Posted on October 14, 2008
Professor Orin Kerr (George Washington), writing at The Volokh Conspiracy, noted yesterday the (temporary?) fall of long law review titles at Stanford Law Review. I am always interested in trends in the law review business, and a this qualifies as...


Hiring Bubble About To Burst

Posted on October 13, 2008
Hiring Booms, but Firms See Bust Ahead is an important Oct. 13, 2008 Legal Times article. The article reports that D.C. firms increased staff about 4% this year, but because of the economy that is likely to change. As the...


Are Medical Residents Students For FICA Purposes??

Posted on October 13, 2008
Univ. of Chicago v. U.S., ___F.3d___(7th Cir. Sept. 23, 2008) is a little noticed tax law case. Students are exempt for FICA taxes. Query, whether medical residents are students? The court does not set forth a blanket rule and instead...


Connecticut Supreme Court Holds Gays Have State Constitutional Right To Marry

Posted on October 13, 2008
The Connecticut Supreme Court ruled 4-3 that gays have the right to marry. Thus, Connecticut becomes the third state in the union behind Mass. and California to recognize gay marriages. An AP article about this important case is available here....


Breaking News!! Adjunct Law Prof Blog Obtains A Copy Of Troopergate Report

Posted on October 12, 2008
The so-called "Troopergate report" concerning Governor Palin is 263 pages and is available here.Download troopergate.pdf Interestingly, the first line of the report says it is a bi-partisan report. It is based upon interviews conduct of 19 witnesses. The report notes...


Facts and Stats About Union Membership, Unemployment and More

Posted on October 11, 2008
The AFL-CIO maintains a wonderful web site which includes facts and stats organized by state with respect to union membership, unemployment levels, bankruptcy and much more. Researchers should find this site very helpful. The site is Fact Sheets, Charts, Graphs...


Researching State Legal History

Posted on October 11, 2008
Indiana Law School maintains a wonderful web site which lists links to each state's legislative history. This is certainly a cite you may want to bookmark. To give you an idea, for New York, this web site includes the following:New...


Agency Determination of Fitness Entitled To Deference

Posted on October 10, 2008
Bowie v. NYC Civil Service Commission, ___Misc.3d___(Queens Co. Sept. 29, 2008) demonstrates the amount of deference that is given to appointing authorities with respect to a determination of fitness to work. A correction officer sought to vacate a finding that...


Momentum for Employee Free Choice Keeps Growing

Posted on October 10, 2008
Momentum for Employee Free Choice Keeps Growing is an interesting September 26, 2008 AFL-CIO News Blog article. It reports on some more state officials and some 800,000 working men and woman supporting the Employee Free Choice Bill which would significantly...


Michigan Does Away With LSAT In Some Admissions

Posted on October 10, 2008
No LSAT Allowed in Michigan Law School?s Special Admissions Program is an interesting September 25, 2008, ABA Journal Blog article. Michigan, one of our nations top law schools is going to do away with the LSAT in its special admissions...


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