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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

President Bush signs consumer product safety bill with whistleblower protections

Posted on September 06, 2008
The Consumer Product Safety Improvement Act (HR 4040) was signed into law on August 14 by President Bush. The legislation increases staff and funding for the Consumer Product Safety Commission (CPSC), enhances the agency's recall authority and expedites CPSC rulemaking...

10th Holds Standard For FAPE Does Not Include "Self-Sufficiency" Outside Of School

Posted on September 05, 2008
Thompson R2-J Sch. Dist. v. Luke P., ___F.3d___(10th Cir. Aug. 29, 2008), is an interesting decision.The Tenth Circuit held that an individualized education program (IEP) developed by a Colorado school district provided a student with a ?free appropriate public education?...

3d Holds Suspension of Security Clearance Renders Employee Unqualified

Posted on September 05, 2008
Makky v. Chertoff, ___F.3d___(3d Cir. Aug. 7, 2008) is an interesting Title VII case. The 3d dismissed plaintiff's Title VII mixed-motive discrimination claim alleging national origin and religious discrimination claim because the employee failed to establish a prima facie case...

Video Tape Evidence Admissible In Disciplinary Hearing

Posted on September 05, 2008
Video and audio recording used as evidence in disciplinary hearing Dep't of Sanitation v. Iannello, OATH Index No. 1978/08 ALJ Ingrid Addison found that a sanitation worker and his partner had collected at least 27 bags of construction debris from...

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Termination of Employee Upheld For Failure To Report For Drug Test

Posted on September 05, 2008
Not reporting for drug test without submitting documentation showing employee was unable to report constitutes a refusal to submit to drug testing Dep't of Sanitation v. Field, OATH Index No. 1977/08 ALJ Faye Lewis sustained a charge that a sanitation...

Out of State Same Sex Marriages Recognized In New York

Posted on September 04, 2008
Olden v. Patterson,___Misc.3d ____ (Bronx Co. Sept. 2, 2008), is an important decision.Download 119238-1.pdf In a lengthly decision, a Justice of the New York State Supreme Court, Bronx County(which is a lower court), dismissed petition challenging Governor David Patterson's executive...

Law Student Summer Union Side Labor Law Jobs

Posted on September 04, 2008
I received the following information about the AFL-CIO Law Student Union Summer 2009 program. It is a wonderful program for law students truly interested in practicing union-side labor law. On behalf of the AFL-CIO, I am pleased to announce Law...

Narrow Arbitration Clause Precludes Arbitration of Dispute

Posted on September 04, 2008
FCI Group v. City of New York, ___A.D. 3d____(1st Dep't. July 22, 2008), is an interesting decision. Arbitration was sought over a contruction contract dispute. The court ultimately held that the dispute was not arbitrable because the arbitration clause was...

Paralegal Fired For Taking Smoking Breaks Not Entitled To Unemployment Because She Engaged In Misconduct

Posted on September 04, 2008
Matter of Kridel v. Commissioner of Labor, ___A.D.3d___ (3rd Dep't. Aug. 7, 2008), is a tough decision. A law firm fired a paralegal for taking smoking breaks. The employer had a policy that employees could not take breaks. The court...

Manifest Disregard For The Law May No Longer Be A Basis To Vacate An Arbitration Award

Posted on September 03, 2008
Vacating Awards Under the Federal Arbitration Act is an important September 2, 2008 New York Law Journal article (registration required). It discusses Hall St. Assoc. LLC v. Mattel, where the Supreme Court stated that FAA ��10 and 11 "provide the...

Local Georgia School System Looses Accreditation

Posted on September 03, 2008
A Georgia School System Loses Its Accreditation is an important August 29, 2008 New York Times article. For the first time in almost 40 years, Clayton County, just south of the Atlanta, was ruled unfit for accreditation by the Southern...

ABA OKs Bar Exam Courses for Graduation

Posted on September 03, 2008
ABA OKs Bar Exam Courses for Graduation is an interesting August 11, 2008 story from ABA Journal Now Blog. It reports on the ABA House of Delegates action which permitts law schools to require a bar exam course for graduation....

Did Wal-Mart Violate Federal Election Laws In Advocating Against Employee Free Choice Act??

Posted on September 03, 2008
The August 14, 2008 Wall Street Journal Law Blog ran an interesting story entitled Did Wal-Mart Violate Federal Election Laws? Labor Groups Want to Know. The Wall Street Journal Proper ran a similar story available here. Wal-Mart organized company meetings...

2d Certifies Question To NYS Court of Appeals Concerning A Non-Custodial Parent's Rights Under The IDEA

Posted on September 02, 2008
In these days of a 50% divorce rate the rights and responsibilities of non-custodial parents are important. In Fuentes v. NYC Board of Education, ___F.3d___(2d Cir. Aug. 28, 2008), the 2d Circuit asked the NYS Court of Appeals to answer...

Pennsylvania law governing reporting requirements of home- schooled children was not unconstitutional

Posted on September 02, 2008
Combs v. Homer-Center School Dist., ___F.3d___(3d cir. Aug. 20, 2008) is an important case involving home schooling. In a lengthly opinion, the court held Pennsylvania law governing the reporting and superintendent review requirements of home-schooled children did not violate parents'...

Plaintiff Awarded Attorneys Fees For First Trial Even Though It Resulted In A Hung Jury

Posted on September 02, 2008
Under Title VII, attorneys fees are available to prevailing plaintiffs. It is sometimes difficult to determine how to calculate attorney fees. Abner v. The Kansas City Southern Railroad, ___F.3d___ (5th Cir. Aug. 14, 2008), is an instructive case because it...

Religion In The Workplace

Posted on September 02, 2008
Workplace religion leads to suits is an interesting August 18, 2008 National Law Journal article (registration required). This is becomming a large issue today as the number of religious discrimination cases is increasing. The cases are varied and many believe...

Fellowships for Entry into Law Teaching

Posted on September 02, 2008
Paul Caron (TaxPorf) has updated his very exhaustive list of fellowships available to aspiring law teachers. I came into full-time teaching through one of these (U of Florida's Visiting Assistant Prof. in the Tax Program). I know many others who...

Labor Day 2008

Posted on September 01, 2008
May Day"(May 1st) is celebrated as a labor holiday in many parts of the world as a holiday for labor. However, in the U.S., Labor Day is celebrated the first Monday in September. It is a holiday that too many...

Why Senator McCain Picked Governor Palin

Posted on August 31, 2008
I usually do not comment on politics, but have commented on Obama and Biden and it so time to comment about McCain and Palin. One of the boldest moves in American political history was Senator McCain's choice of Governor Sarah...

6th Holds USERRA Claims Must Be Arbitrated

Posted on August 30, 2008
Landis v. Pinnacle Eye Care, ___F.3d___(6th Cir. Aug. 11, 2008) is an important USERRA caes to be aware of. An optometrist's action claiming employment discrimination based on his military service and his age was subject to arbitration because the employee...

Spying On Employees

Posted on August 30, 2008
Spying employers raise legal hackles is an interesting August 18, 2008 National Law Journal article (registration required). The article reports that a growing number of employers are spying on employees suspected of abusing FMLA leave. As the article states: A...

MOU Found Not To Be A Collective Bargaining Contract

Posted on August 29, 2008
Coca-Cola Enterprises, 352 NLRB No. 123 (Aug. 14, 2008), is an interesting decision. As this case demonstrates, it is important to know whether a MOU is intended to be a collective bargaining agreement. The Board held that a memorandum of...

USERRA Claims Against State Must Be Brought In State Court

Posted on August 29, 2008
McIntosh v. Partridge, ___F.3d___ (5th Cir. Aug. 11, 2008), is an important decsion to be aware of. In a suit by a dentist dismissed from his position at a state-run home after his return from active military duty, summary judgment...

Forbes Best College Ranking

Posted on August 29, 2008
Forbes has now gotten into the business of ranking colleges. Here is their top 25 list: 1 Princeton University NJ 47,975 1,242 2 California Institute of Technology CA 46,560 231 3 Harvard University MA 48,550 1,668 4 Swarthmore College PA...

State Solictor Generals

Posted on August 29, 2008
The August 18, 2008 National Law Journal contaied a very interesting article entitled State solicitor general appointments open doors for appellate practitioners. Several states are adding solicitor general offices to oversee state appellate work. As the article states: A trend...

Front Page Wall Street Law Journal Article On Law School Rankings

Posted on August 28, 2008
In a August 26, 2008 Wall Street Law Journal front page article entitled Law School Rankings Reviewed to Deter 'Gaming' reporter Amir Efrati reports that U.S. News and World Reports is considering changing its ranking system to include part time...

10th holds disclosure of medical records was protected, but nurse's aid was properly fired

Posted on August 28, 2008
Vaughn v. Epworth, ___F.3d___(10th Cir. Aug. 19, 2008) is an important Title VII case. The 10th holds that even though a African-American nurse's aid engaged in protected activity under Title VII's anti-retaliation provision when she sent copies of a patient's...

Are Mediation Settlement Agreements Binding??

Posted on August 28, 2008
I always assumed that mediation settlement agreements were binding and have wrote many such agreements. However, the City of El Paso apparently thinks differently. Workplace Prof Blog ran an interesting August 14, 2008 story entitled EEOC and DOJ File Suit...

2nd Circuit rules courts should weigh a petitioner?s interest in proceeding anonymously against the public?s and defendant?s interests in disclosure

Posted on August 28, 2008
SEALED PLAINTIFF, v. SEALED DEFENDANT #1, et al, USCA Second Circuit, Docket #06-1590-cv, decided: August 12, 2008 The district court dismissed the ?Sealed Plaintiff?s complaint sua sponte after she failed to file an amended complaint in her actual name rather...

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