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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

Concerning the so-called ?Blue Wall of Silence

Posted on July 09, 2010
Diesel v Town of Lewisboro, CA2, 232 F.3d 92 While some might allege that there is a "blue wall of silence"* encouraged by certain individuals involved in law enforcement, rarely does one find a court decision that specifically addresses the...

U.S. Citizenship and Immigration Services Launches E-Verify

Posted on July 09, 2010
After a year-long overhaul, U.S. Citizenship and Immigration Services (USCIS) recently launched a completely redesigned web interface for employers using the Agency's E-Verify Program. The new web interface includes improved navigational tools to enhance ease-of-use and minimize errors...

Release signed by employee was valid waiver of substantive USERRA rights

Posted on July 09, 2010
Wysocki v International Bus Mach Corp, ____F.3d_____(6thCir, June 16, 2010), is an interesting case. The 6th Circuit held that an employee who alleged that IBM violated USERRA by refusing to reintegrate him as a data administrator after he returned from...

Summary of Supreme Court's Term

Posted on July 08, 2010
The Roberts Court Comes of Age is an interesting June 29, 2010 NY Times article that Supreme Court watchers will find of interest. It summarizes the major recent Supreme Court rulings and includes a multi-media chart showing how each Justice...

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Hawaii Governor Vetoes Same Sex Civil Union Bill

Posted on July 08, 2010
Details in this July 7, 2010 article from Findlaw. Mitchell H. Rubinstein

NLRB Inspector General Initiates Ethic Investigation of Member Becker

Posted on July 08, 2010
Politics remains alive and well at the NLRB. CCH and the National Right To Work Foundation reported that the NLRB Inspector General is looking into the fact that Member Becker did not recuse himself in a case pending before the...

New Hampshire law requires schools to have policies against cyberbullying

Posted on July 07, 2010
A newspaper, The Eagle-Tribune reported that New Hampshire Gov. John Lynch has signed a bill that requires schools to have policies against cyberbullying. Reportedly, bullying has made headlines across the region in recent months. Schools will need to determine when...

Mass. Evidence Guide

Posted on July 07, 2010
The state of Mass. put our a evidence guide that litigators and researchers may find helpful. That guide is available here. Mitchell H. Rubinstein

Yet another successful union organizing drive by non-tenure track college profs

Posted on July 07, 2010
Non-tenure track faculty members at Ferris State University in Michigan have "overwhelmingly" voted in favor of union representation. According to a university press release: BIG RAPIDS ? Ferris State University non-tenured faculty eligible to vote in a union certification election...

Contigent faculty face fight on union representation at East-West University

Posted on July 06, 2010
In contrast to the story below, Inside Higher Ed is also reporting on another union battle that is not going as well for contingent faculty at this Chicago area university: The New Faculty Majority, a national adjunct organization, has become...

Adjuncts earn right to vote for collective bargaining agreement

Posted on July 06, 2010
According to Inside Higher Ed: A union seeking to organize adjuncts has reached an agreement with Central Michigan University on an election that will decide on collective bargaining. The union, affiliated with the American Federation of Teachers, has been complaining...

Supremes Uphold Right To Law School To Require That All Students Be Eligible To Join Student Organizations

Posted on July 06, 2010
Matter of Christian Society, ____U.S.____(June 28, 2010), is a Supreme Court case that did not get much media attention. In an 85 page decision, the Court held 5-4 that there was no violation of the First Amendment when Hasting Law...

100 Informative & Inspiring YouTube Videos for Educators

Posted on July 06, 2010
Some readers may find this list of 100 Informative You Tube Videos for Educations helpful. It appears to be geared to both K-12 teachers and college professors. Mitchell H. Rubinstein Hat Tip: Emma Taylor

College Student Cheating

Posted on July 06, 2010
To Stop Cheats, Colleges Learn Their Trickery, is an interesting July 5, 2010 article from the NY Times. It is about how colleges are trying to stop student cheating. Some tricks include, the filming exams, anti-plagiarism services, and software which...

National Jurist notes "The Downside of Grade Inflation."

Posted on July 06, 2010
According to National Jurist Magazine (free subscription required), there's a downside to the prevalence of grade inflation in law school as previously reported by the New York Times: Law school officials explain the practice in terms of competitiveness ? not...

Tenure is a dying concept says U.S. Dept of Ed

Posted on July 06, 2010
The Chronicle of Higher Ed is reporting that the U.S. Department of Education will be releasing a study soon that shows the percentage of tenure and tenure-track jobs in higher education has fallen from 57% in 1975 to 31% in...

Supremes Grant Cert In Arizona Employment Law Case

Posted on July 05, 2010
Workplace Prof Blog via Lawmemo.com recently reported that the Supremes granted cert in Chamber of Commerce v. Candelaria, which involves a challenge to an Arizona law that penalizes employers from hiring aliens not authorized to work. The cert questions taken...

20 Simple Twitter Job Search Tips

Posted on July 05, 2010
Apparently, some use Twitter to search for jobs. Now, there is a list of twitter tips. While most of this is obvious, perhaps some will find it of interest. That list can be found here. Mitchell H. Rubinstein Hat Tip:...

Supremes Take Association Discrimination Case

Posted on July 04, 2010
Workplace Prof Blog recently reported that the Supremes granted cert in Thompson v. North American Stainless, 09-291.Click here for the Scotuswiki page collecting links.The questions presented in the cert petition are: (1) Does section 704(a) forbid an employer from retaliating...

School Law Jobs

Posted on July 03, 2010
School Law Jobs Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California Legal Counsel II Whittier Area Cooperative Special Education Program Whittier, California School Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith...

Captain with shy bladder failed to take advantage of accommodation

Posted on July 02, 2010
Kinneary v City of New York, ____F.3d____(2d Cir. March 19, 2010), is an interesting 2d Circuit employment discrimination case. A sludge boat captain with a shy bladder, by not providing an adequate physician's note, failed to take advantage of the...

100 Informative & Inspiring YouTube Videos for Educators

Posted on July 02, 2010
Some readers may find this list of 100 Informative You Tube Videos for Educations helpful. It appears to be geared to both K-12 teachers and college professors. Mitchell H. Rubinstein Hat Tip: Emma Taylor

NLRB outlines plans for considering 2-member cases in wake of Supreme Court ruling

Posted on July 02, 2010
A July 1, 2010 NLRB Press Release reads: In response to numerous inquiries, the National Labor Relations Board today outlined its plans for handling returned cases following the Supreme Court?s recent decision in New Process Steel v. NLRB that the...

Federal court issues preliminary injunction barring Indiana district from allowing student-led prayer at high school graduation ceremony

Posted on July 01, 2010
Workman v. Greenwood Cmty. Sch. Corp., __F.Supp.2d____ (S.D. Ind. Apr. 30, 2010), is an interesting case. The court issued a preliminary injunction enjoining school district officials from allowing any prearranged, predetermined student-led prayer at the high school?s commencement exercises...

District prohibition on student?s anti-abortion protest involving wearing armband, and distributing flyers violated her free speech rights

Posted on June 30, 2010
C.H. v. Bridgeton Bd. of Educ., ___F.Supp. 2d ____ (D. N.J. Apr. 22, 2010), is an interesting case. A lower court held that school officials violated a student?s First Amendment right to freedom of speech and expression when they prohibited...

Mass firing of teachers leads to suit against Rhode Island district and state education commissioner challenging constitutionality of action

Posted on June 30, 2010
This may be a bit of old news. But in case you have not heard, the teachers? union has filed suit in federal court against Superintendent Frances Gallo and Rhode Island Education Commissioner Deborah Gist, demanding reinstatement of 77 teachers...

New Jersey appellate court upholds governor?s executive order withholding state aid to local school districts in amount of surplus funds held by those districts

Posted on June 30, 2010
In Perth Amboy Bd. of Educ., No. A-3361-09T4 (N.J. Super., App. Div. June 14, 2010), a New Jersey intermediate level court held that Governor?s Christie's executive order directing the state to withhold state aid to local school districts for the...

Lesbian student?s senor class photo excluded from Mississippi high school?s yearbook

Posted on June 29, 2010
According to a local newspaper report, the senior photo of Ceara Sturgis was omitted from the Wesson Attendance Center yearbook, as was any mention of her. Sturgis and her mother, Veronica Rodriguez, had been involved in a long battle with...

Rare Decision Finding Employee Attorney Left His Job For Good Cause and Is Entitled To Unemployment

Posted on June 29, 2010
Matter of Collen v. Commissioner of Labor, ___A.D.3d___(3rd Dep't. June 24, 2010), is one of those rare decisions finding an employee eligible for unemployment insurance because he left his employment for good cause. The employee, an attorney, refused to make...

Grade Inflation To The Extreme

Posted on June 28, 2010
The New York Times ran an interesting article on June 26, 2010 entitled How Many Graduates Does It Take To Be Number 1? It is about how some high schools have multiple valedictorians. As the article states: ?When did we...

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