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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

Employee Who Resigned To Avoid Being Fired Is Not Eligible For Unemployment

Posted on June 12, 2008
Matter of Riley v Commissioner of Labor, ___A.D. 2d___,2008 NY Slip Op 04588,(3rd Dep't. May 22, 2008) is an important unemployment insurance case. The Unemployment Insurance Appeal Board rejected Kristine E. Riley?s application for unemployment insurance benefits after finding that...

Maternity Leave Applies To Dad's Too

Posted on June 12, 2008
Concurring Opinions Jessica Silbey reported on June 11, 2008 about a Massachusetts Commission Against Discrimination Policy (which apparently interprets Massachusetts Maternity Leave Act ) which provides that this statute will be applied equally to men and to woman...

9th Circuit Chief Judge Kozinski Maintains a Porn Site??

Posted on June 12, 2008
Dan Slater, on his Wall Street Law Blog, wrote an interesting story entitled Judge Kozinski on His Porn Site: ?It?s part of life.? It reports on a LA Times article which exposed a web site maintained by the Judge. The...

Asking Female Employee To Get A Cup of Coffee For Male Supervisor Is Not Sexual Harassment

Posted on June 12, 2008
There still is a serious misunderstanding of what constitutes sexual harassment as a June 11, 2008 law.com article entitled Asking for Coffee Not Grounds for Sex Harassment Suit demonstrates. The article reports on Klopfenstein v. National Sales and Supply where...

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Executives Are Employees Under NYS Labor Law and Employer's Cannot Make Unauthorized Deductions

Posted on June 11, 2008
State labor law is often an overlook body of employment law as Pachter v. Bernard Hodes Group, ___N.Y. 3d___(June 10, 2008), a NYS Court of Appeals decision, demonstrates. This case involves two certified questions from the 2d Circuit. After a...

Work Rule Prohibiting Loitering On Company Property After Work Violates NLRA

Posted on June 11, 2008
Tecumseh Packaging Solutions, 352 NLRB No. 57 (June 2, 2008), is an interesting NLRB case. The employer had a "no loitering rule" which prevented ?[l]oitering on Company property after working hours[.]? You might ask what is the problem with such...

City of New York Sanctioned In Employment Discrimination Case Involving Teacher Due To Repeated Failures To Comply With Discovery

Posted on June 11, 2008
Attard v. The City of New York, __F.Supp.2d___(E.D.N.Y. May 5, 2008), is an example of how not to litigate a case. After obtaining several extensions, the City did not comply with discovery orders. When they submitted statistical information it was...

9th Overturns NLRB and Holds Ban on Union Buttons Was Unlawful

Posted on June 11, 2008
Washington State Nurses v. NLRB, ___F.3d___(9th Cir. May 20, 2008) is an important case. The court held that a ban on union buttons was a ULP and disagreed with the NLRB which held that special circumstances justified the ban. The...

NLRB Election Set Aside Due To Board Agent's Failure To Properly Allow Employer To Inspect Ballots

Posted on June 10, 2008
Fresenisu USA, 352 NLRB No. 86 (May 30, 2008) is an interesting NLRB representation case. The Board set aside an election because the Board agent did not allow the employer to inspect the ballots after the election. As the Board...

President Bush Issues Executive Order Requiring That Contractors Check The Legal Status of Their Employees

Posted on June 10, 2008
Bush orders contractors to check legal status of employees is a June 9, 2008 Associated Press news article. The article reports that President Bush signed an Executive Order requiring federal contractors to check the legal status of their employees. As...

Union Member Breach of Contract Claim Against Union Preempted By Duty of Fair Representation

Posted on June 10, 2008
Atkins v. Alvarez, __F.3d__ (9th Cir. May 22, 2008), is a somewhat unusual case. The court held that a former members' state law breach of contract claim against the secretary-treasurer and the union president was preempted by the statutory duty...

To Establish Affirmative Defense To Hostile Environment Claim Employer Must Take Prompt Remedial Action

Posted on June 10, 2008
Bailey v USF Holland, Inc., No. 07-5304 , ___F.3d ___ (6th Cir. May 16, 2008), demonstrates that if an employer seeks to establish an affirmative defense to a claim of hostile enviroment discrimination it must take prompt remedial action. This...

Maine's Proposed Husson's Law School Denied State Accredition

Posted on June 09, 2008
The June 5, 2008 Bangor Daily News has reported that Maine's proposed Husson Law School has been denied state accredition by the Maine Supreme Court. That story is available here. The law school reportedly has not applied for ABA accredition....

SSRN Rankings Make The New York Times

Posted on June 09, 2008
Now Professors Get Their Star Rankings, Too is an interesting June 9, 2008 New York Times article that discusses professor download rankings on SSRN. The significance of SSRN rankings should be nothing new to law professors, but it is significant...

Racist Statement By Itself Does Not Establish Employment Discrimination

Posted on June 09, 2008
Harris v. Cobra Construction, ___F.3d___(3d Cir. April 15,2008) is a very unusual case. The owner of a company literally waved a sawed-off shotgun at two of his black employees, and then pointed it at a union business agent, telling him...

Executive Secretary Not Covered Under Title VII By Virture of The Personal Staff Exemption

Posted on June 09, 2008
A little known provision of Title VII is the personal staff exemption for certain employees who work for senior level government officials. The Fifth Circuit in Saddler v. Quitman County School Dist., ___F.3d___(5th Cir. May 16, 2008), Download 0760656...

Supreme Court Rejects Class of One Equal Protection Theory In Public Sector Employment Law

Posted on June 09, 2008
In Engquist v. Oregon Department of Agriculture, 553 U.S. ___(June 9, 2008), the Supreme Court ruled 6-3 that a Equal Protection claim involving only one employee (a class of one) is not viable in the context of public employment. This...

Supreme Court Millionaires Club

Posted on June 08, 2008
Justices List Their Assets; Wide Range of Wealth is an interesting June 7, 2008 article from the New York Times. The article reviews the net worth of the Justices of the U.S. Supreme Court. Most are millionaires. Over the past...

Employee's Probation Extended By His Vacation

Posted on June 08, 2008
In the public sector, an employees probationary period is critically important. This is because after the probationary period expires, the employee generally is entitled to a permanent appointment which likely will be considered a property interest. Thereafter, a tenured or...

ACLU Blog of Rights

Posted on June 07, 2008
They say everyone is blogging these days and everyone is. Now comes word that the ACLU has a blog, the Blog of Rights. The left hand side of the blog is divided into categories such as capital punishment, privacy which...

NYU Law School Offers Free Tutition To Students Committed To Public Interest

Posted on June 07, 2008
Headed for Public Interest Careers, NYU Grads Are Tuition-Debt Free is an interesting May 23, 2008 New York Law Journal article (registration required) about NYU Law School's Root Tilden-Kern Scholarship program which offers free tutition for students committed to public...

Rare Employee Privacy Victory, In New York No Less. Court Holds Search of Computer Suppressed

Posted on June 06, 2008
People v. Wilkinson, ___Misc. 3d___, 2008 NY Slip Op 28192 (Onondaga Co. Ct. May 22, 2008), is an unusal, but important case concerning an employee's right to privacy. It part of a rare breed of cases holding that an employee...

Employer Cannot Require That Employee Waive Rights Under A Collective Bargaining Agreement Without Notice To Union

Posted on June 06, 2008
Legal Services of Northern California, 352 NLRB No. 66 (May 16, 2008), is an interesting and important case. The major issue in the case was whether the union was entitled to a copy of a separation concerning a unit members...

The Problem of The ADA and Misconduct

Posted on June 06, 2008
There is a tension in the ADA between protecting the disabled by requiring employer's to reasonably accommodate and permitting employers to discharge employees for misconduct. To illustrate, if an employee shows up under the influence at work and violates a...

ABA Accredition Committee Recommends That Whittier Law School Be Removed From Probation

Posted on June 06, 2008
We have reported on Whittier's accredition problems in the past. Now, Dean Cogan posted a April 17, 2008 Letter to the Law School Community where he states that a committee of the ABA has recommended that Whittier be removed from...

Breaking News 5th Issues Major Decision Concerning Employer Liability For Misleading Employment References!!

Posted on June 05, 2008
Kadlec Medical Center v. Lakeview Anesthesia Assoc., ___F.3d___(5th Cir. May 30, 2008), is a major 5th Circuit decision, applying Louisiana law, concerning employer liability for misleading references. A physician anesthesiologist was dismissed from his position because he reported for work...

The Theory of Evolution In The Classroom

Posted on June 05, 2008
Opponents of Evolution Are Adopting New Strategy is an interesting June 4, 2008 New York Times article by Laura Beil which appears in Section A, Page 14. In this article, she notes that efforts to teach creationism, creation science and...

The Significance Of California's Gay Marriage Case

Posted on June 05, 2008
By now all of us already heard about the California Supreme Court decision in In re Marriage Cases, S147999, ___Cal. Rptr. ___(May 15, 2008) which we covered here. Columbia Law School Professor Michael Dorf wrote a fairly nice summary of...

Free On-line Treatise on Freedom Of Information Statutes and Open Meetings Laws

Posted on June 05, 2008
Resarchers take note. The Open Government Guide provides a free on-line treatise for all 50 states Open Meetings and Freedom of Information laws. They describe their web site as follows: The Open Government Guide is a complete compendium of information...

Law Schools Should Embrace Transfer Students

Posted on June 04, 2008
Brian Leiter in a June 3, 2008 posting on his Law School Reports Blog reports that transfer students are invisible to the U.S. News & World Reports "famous" law school ranking system and that some schools may be purposely "gaming"...

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