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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

Lawsuit Challenging Democratic Party's Refusal To Seat Florida Delegates Dismissed

Posted on May 28, 2008
DiMaio v. Democratic National Party, ___F.Supp. 2d ___(M.D. Fla. Oct. 5, 2007), is a very interesting case which was just posted on Findlaw. The court dismisses a lawsuit by a Florida voter upset that Florida's primary will not count because...

6th Holds That Labor Arbitration Decision Does Not Bar ADA Litigation

Posted on May 27, 2008
Nance v. Goodyear Tire and Rubber Co., ___F.3d___(6th Cir. May 23, 2008) is an important decision. It concerns the affect of a prior arbitration on the ability of a plaintiff to pursue an ADA case in federal court. The court...

Colorado To Consider Ban On Affirmative Action

Posted on May 27, 2008
This November voters in Colorado will have the opportunity to consider a ban on affirmative action known as the Colorado Civil Rights Initiative which is actually a proposed amendment to the state constitution. If enacted this amendment would prohibits preferences...

10th Issues Important Association Discrimination Decision Under the ADA

Posted on May 27, 2008
In Trujillo v. PaciCorp., ___F.3d___(10th Cir. May 7, 2008), the Tenth Circuit held that a couple with disabled son (brain tumor) stated a cause of action with evidence that their termination was due to son?s medical expenses. This is a...

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School District Can Refuse To Hire Ex-Felons

Posted on May 27, 2008
Crook v. El Paso Independent School Dist., __F.3d__ (5th Cir. May 8, 2008) is an important case. The upheld the school districts decision to refuse to higher a social studies teacher because of his 13 felony convictions. The plaintiff was...

Memorial Day

Posted on May 26, 2008
Memorial Day dates back to Civil War veterans is an interesting May 25, 2008 San Francisco Chronicle article that traces the history of memorial day. Today is actually the 140th Memorial Day. It was first recognized as a holiday in...

Welcome To My New York Law School Summer Employment Law Students

Posted on May 26, 2008
By now, many of you have found this blog. Please feel free to look around. As our class is a paper class, and therefore, you need to find a topic. Blogs are a great place to search for a topic....

New York May Get 3 New Law Schools

Posted on May 26, 2008
The May 25, 2008 Buffalo News is reported on the New York Legislatures set aside of 50 million dollars for 3 new law schools in New York ;one in Rochester, one in Long Island and another in Binghamton. The article...

Hit The Beach With Technology

Posted on May 26, 2008
Law.com ran an interesting May 27, 2008 article entitled Hit the Beach With Technology. The article summarizes how lawyers and others can remain "connected" to their office while on vacation. What do they recommend? PANASONIC TOUGHBOOK CF-W7 SLINGBOX SOLO LG...

What Type of Judges Will Senator McCain Appoint If Elected??

Posted on May 25, 2008
Find Law has an interesting May 9, 2008 story by Prof Edward Lazarus entitled McCain's Remarks Regarding the Kind of Judges He Would Nominate As President: His Surprising Failure to Take Into Account the Rightward Turn of the Supreme Court...

Book Review Highlight of "The Discipline Book"

Posted on May 25, 2008
I initially reviewed this wonderful text on April 10, 2008, available here. This important text, which is actually only available via download as an e-book is $75.00 and now available for purchase here. A excerpt from the book is also...

A Timeline of Senator Kennedy's Life

Posted on May 25, 2008
The Associated Press recently published a timeline of Senator Ted Kennedy's life, available here. It recounts such things as him getting caught cheating on an exam at Harvard College and then him re-enrolling. Kennedy fans will find this article very...

Harvard Law Faculty Articles to Be Free Online

Posted on May 24, 2008
Harvard Law Faculty Articles to Be Free Online is an important May 12, 2008 National Law Journal Article. As its title implies, all of Harvard Law faculty's publications will be available on line. It is about time. I expect all...

Va Legislature Considering Special Education Changes

Posted on May 24, 2008
Proposal Limits Progress Reports is an interesting May 9, 2008 Washington Post article about proposed special education law changes in Va. The proposals, which are apparently controversial, cut back state law requirements to the min. requirements under the IDEA...

Does An E-Mail Satisfy The Statute of Frauds??

Posted on May 23, 2008
E-Mail Meets the Statute of Frauds is a very interesting May 22, 2008 New York Law Journal article. The article reviews the limited jurisprudence in New York which addresses whether an e-mail can satisfy the ancient statute of frauds which...

66 Law School Professors Opposed Restatement of Employment Law

Posted on May 23, 2008
By my count, 66 law professors who teach in the area of labor and employment law have wrote a letter opposing the adoption of the Restatement of Employment Law. The reporters of the Restatement are Professors Mike Harper (Boston Univ...

N.Y. Appellate Court Recognizes The Importance Of Past Practices In Public Secor Labor Law

Posted on May 23, 2008
Past practices have long been considered part of a collective bargaining agreement in the private sector. The litigation in the private sector is usually over exactly what constitutes a past practice. Until fairly recently, there has not been much litigation...

Use of Wiki's In Legal Practice

Posted on May 23, 2008
We have all seen them. Wiki's. They are a cross between a blog and a web site. The way they work is that the web site is collaborative. It allows others to post and comment. That opens up opportunities for...

Texas Appellate Court Returns Some FLDS Children to Parents

Posted on May 23, 2008
The Court of Appeals in Austin, Texas ordered the State to return some children taken into protective custody in a raid on the Fundamentalist Church of Latter Day Saints (FLDS) to the parents. In re: Sara Steed, et al, ___S.W.3d___...

President Bush Signs The Genetic Nondiscrimination Act of 2008 Into Law

Posted on May 22, 2008
As President Bush signed H.R. 493, the Genetic Nondiscrimination Act of 2008 into law he paid tribute to Senator Kennedy who spent a decade trying to get this type of legislation enacted. This is a complicated piece of legislation which...

Paper Money Discriminates Against The Blind!!!

Posted on May 22, 2008
The American Council of the Blind v. Paulson, ___F.3d___(D.C. Cir. May 20, 2008) is an important case. A divided D.C. Circuit holds that paper money discriminates against the blind in violation of Section 504 of the Rehabilitation Act of 1973....

Court Cannot Modify Order Of Presentation Of Proof To Accommodate Lawyer's Vacation

Posted on May 22, 2008
Accommodating Lawyer's Vacation Doesn't Justify Inverting Order of Testimony is an important May 8, 2008 law.com article. It is about a New Jersey unpublished appellate divsion decision which reversed a jury verdict in a civil case because it found that...

Workplace Love Contracts

Posted on May 22, 2008
Employees Sign 'Love Contracts' is an interesting article from U.S. News and World Reports. It reports on the practices of some companies which ask that dating employees declare their relationship, state that their relationship is consensual and that they are...

Public School Teacher Has The Right To Send Her Child To Private School

Posted on May 21, 2008
Barrow v. Greenville Independent School Dist., ___F.3d____ (5th Cir. 2007), pet. for cert filed, is an important case to be aware of. Download 0610123.0.wpd[1].pdf Remarkably, a public school district refused to consider a teacher for a promotion to an Assistant...

Lawyers and Law Students Beware. Lying On Employment Application May Be Cause For Discipline

Posted on May 21, 2008
The state of Illinois has brought a complaint against an attorney for several different alleged disciplinary violations. First, on her law school application the attorney left out that she was dismissed from medical school for poor scholarship and she answered...

Lawyer Sanctioned $29,000 For His Client's Profanity At Deposition

Posted on May 21, 2008
The March 5, 2008 Legal Intelligencer reported on a case where a lawyer was held to be jointly and severally responsible for $29,000 in FRCP 11 sanctions because his client repeatedly used profanity at a deposition and did nothing to...

9th Affirms 1 million dollar verdict for plaintiff in employment discrimination case

Posted on May 21, 2008
A April 25, 2008 EEOC Press release available here announces a plaintiffs verdict in the amount of 1 million dollars which included attorneys fees. The press release provides: The United States Court of Appeals for the Ninth Circuit has affirmed...

7th Holds No Duty To Create a Job Under The ADA

Posted on May 20, 2008
Dargis v. Sheahan, ___F.3d___(7th Cir. May 16, 2008) is an important ADA case which, once again, demonstrates how narrow ADA protections really are. In Dargis, a correction officer sufferred a stroke. He admitted that he could not perform traditional correction...

NLRB Regional Director Issues Primer On Appropriate Unit Principles

Posted on May 20, 2008
Air Liquide America, 37-RC-4182 (Regional Director May 12, 2008), is a recent Regional Director decision which does a nice job in summarizes the applicable principles in determining whether the petititoned for unit is an appropriate unit. The Board ultimately concludes...

Overpriced Philadelphia School Law Attorneys??

Posted on May 20, 2008
The May 19, 2008 Philadelphia Daily News ran an interesting article entitled Why such high pay for school-district lawyers? This article is about the Philadelphia inhouse school district attorneys. Apparently, there are 18 such attorneys. The General Counsel makes $236,900...

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