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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

Kagan Confirmation Hearings Expected To Be Full of Politics

Posted on June 28, 2010
The Kagan confirmation hearings begin today, June 28, 2010 and they are expected to be full of politics with an eye on the midterm elections. A New York Times article about this is available here. As the article states: With...

Online Defamation

Posted on June 28, 2010
Recent Decisions Tackle Electronic Defamation is an interesting May 4, 2010 article from the New York Law Journal (registration required). Unfortunately, the article is not particularly well written. Researchers and lawyers, however, still may find the article helpful because it...

Former employee?s claims of denial of administrative due process in a disciplinary hearing rejected by the Appellate Division

Posted on June 27, 2010
Matter of Stodolka v Starpoint Cent. School Dist., 2010 NY Slip Op 03698, Decided on April 30, 2010, Appellate Division, Fourth Department The Stodolka decision by the Appellate Division, Fourth Department, is an interesting decision as it sets out, and...

Law Student Sets Up Pay Pal Account To Accept Tuition Donations

Posted on June 27, 2010
Here is a new one. A law student, actually a accepted student to Univ of North Carolina at Chapel Hill set up a web site and is seeking donations for her tuition. So far, she had gotten 3 donations. An...

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School Law Attorney Jobs

Posted on June 26, 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...

Retirement System is required by law to correct errors in retirement benefit payments and seek repayment of excess benefits already paid to a retiree

Posted on June 25, 2010
Matter of Palandra v New York State Teachers' Retirement Sys., 2010 NY Slip Op 50735(U), Decided on March 17, 2010, Supreme Court Albany County, Judge George B. Ceresia, Jr. Maria Palandra, a retired Superintendent of the Elmont Union Free School...

How To Find Out Information About A Particular Job

Posted on June 25, 2010
An over-looked research tool is the Occupational Outlook Handbook. It describes jobs, training and educational requirements. Most importantly, it provides future employment projections. That can be very valuable to students and non-students looking to change careers...

NYC Bar Association Report on Kagan Rates Her As Highly Qualified

Posted on June 25, 2010
The Association of the Bar of the City of New York issued a 12 page report finding her highly qualified for a position on the Supreme Court. The Association reviewed information from a variety of sources: Solicitor General Kagan?s memos...

The reliability of student evals - point, counterpoint

Posted on June 25, 2010
Courtesy of the New York Times online columnist Professor Stanley Fish via the TaxProf Blog: If a waiter asks me, ?Was everything to your taste, sir??, I am in a position to answer him authoritatively (if I choose to). When...

Are Employees Entitled To Overtime For That IM or Email Sent From Home??

Posted on June 24, 2010
The Mobile Workforce is an interesting April 27, 2010 article from the New York Law Journal (registration required). It raises the question whether work done from home via email or IM is subject to the FLSA. Although the article does...

Retroactive application of a law, rule or regulation

Posted on June 24, 2010
St.Clair Nation v City of New York, Court of Appeals, 2010 NY Slip Op 03471, Decided on April 29, 2010 May the provisions of a law, rule or regulation be applied to the individual with respect to his or her...

FMLA Leave To Become Available For Gay Federal Employees

Posted on June 24, 2010
Workplace Prof Blog reported on June 22, 2010 that gay federal employee may take leave to care for a child with a gay partner. Presumably this will occur via Executive Order. This is long overdue. Mitchell H. Rubinstein

Employer health care costs expected to rise 9 percent in 2011

Posted on June 23, 2010
Behind the Numbers report published by the PricewaterhouseCoopers LLP (PwC) Health Research Institute recently published an important study which scholars and readers may find of interest. The nation's employers can expect medical costs to increase by 9 percent in 2011,...

U.N. and Former U.N. Officials Immune From Sex Discrimination and Retaliation Suit

Posted on June 23, 2010
The Labor and Employment Law Blog of The New York State Bar Association described a recent case involving immunity of UN officials as follows: On March 2, 2010, the Second Circuit held that the United Nations and former U.N. officials...

Hearing Officer Has Discretion Whether To Grant Adjournments

Posted on June 23, 2010
Matter of Stodolka v. Starpoint Central School Dist., ___A.D. 3d ___ (4th Dep't. April 30, 2010), demonstrates that Hearing Officers are given a significant amount of discretion whether to grant adjournments-even if the request is for medical reasons...

Firms predict more lay-offs on the horizon.

Posted on June 23, 2010
Yesterday, Above the Law reported that Jones, Day will be laying off more staff but so far no lawyers. Law.com, however, is reporting that a survey by a respected law firm consulting firm shows that more attorney lay-offs are in...

AAUP critical of university for alleged anti-union tactic directed at adjuncts

Posted on June 23, 2010
According to today's Inside Higher Ed: The American Association of University Professors has issued a statement harshly criticizing East-West University for telling all adjuncts that they should would not be hired this summer and would need to be interviewed by...

Defintion of Son or Daughter Under FMLA

Posted on June 23, 2010
I bet you never thought there would be an issue with respect to the definition of son or daughter. Well, the issue comes up when there is no legal or biological parent-child relationship. The FMLA has issued an opinion letter...

NYT reports that poor job market for law grads is driving grade inflation.

Posted on June 22, 2010
In addition to the alleged pressure on law faculty, especially contingent and non-tenured ones, to inflate grades in order to boost student evaluation ratings (as reported below), the New York Times is reporting on similar pressure that law school administrators...

New York Considering A Bill To Expand Whistleblower Protection and To Allow Employees To View Personnel Files

Posted on June 22, 2010
A recent blog posting from the Labor and Employment Blog of the NYS Bar Association describes two pending NYS Bills as follows: S. 7060 would amend New York?s whistleblower statute, Labor Law � 740, by increasing the scope of what...

NYU Graduate Students Petition For Recognition Once Again

Posted on June 22, 2010
The New York Times reported on April 27, 2010 that graduate students at NYU are seeking recognition. This is a fairly significant development. As readers (and my students) should all recall, in 2000 the NLRB held that graduate students at...

Interactive Timeline Of So To Be Justice Kagan's Career

Posted on June 22, 2010
The New York Times has an interactive time line of Eleana Kagan's career. Readers may find it of interest-particularly now that her confirmation hearings are about to start. Mitchell H. Rubinstein

Unconscionable terms precluded enforcement of arbitration agreement; right to compel arbitration was waived

Posted on June 22, 2010
Nino v The Jewelry Exchange, Inc, ___F.3d___ (3rdCir, June 15, 2010), is a fairly unusual case. The 3rd Circuit held that in light of the ?pervasive one-sidedness? of an arbitration agreement asserted as grounds to dismiss a gay former employee?s...

Breaking News. NLRB Back To Full Strength-At Least For Now

Posted on June 22, 2010
With virtually no media attention, Workplace Prof Blog reported that on June 22, 2010 confirmed Hayes and Pearce, but not Craig Becker. Readers will recall that Hayes (Republican), Becker and Pearce were the package proposed by Obama. The Senate did....

Ever Wonder What Professors Make?

Posted on June 21, 2010
The Chronicle of Education just published a chart of average faculty salaries across disciplines. Remember these are average salaries and it is not clear that the reflect law school professor salaries whom work at law schools-as opposed to B Schools....

Third Circuit vacates decisions in pair of cases involving off-campus, online student speech and grants rehearing

Posted on June 21, 2010
On April 10, 2010, the 3rd Circuit granted the motions for rehearing en banc in J.S. v. Blue Mountain School District and Layshock v. Hermitage School District. Both cases involve students who were disciplined for using social networking sites to...

Union Commits ULP By Disciplining Member For Reporting Another Employee's Safety Violation

Posted on June 21, 2010
Operating Engineers, 355 NLRB No. 25 (April 19, 2010), is an interesting case. The Board ruled 3-0 that a union violated Section 8(b)(1)(A) by fining a member $2,500 for reporting another employee's safety violation. As the Board stated: The Respondent...

Study shows allegedly pernicious effects of grade inflation

Posted on June 21, 2010
Responding to a recent study suggesting that demanding teachers receive lower student evaluations, this follow-up articlein the Chronicle of Higher Education references a study purportedly showing a steady decline in the number of hours college students devote to their studies...

Controversial new study finds that first year retention rates for college freshmen are related to the number of adjunct-taught courses

Posted on June 21, 2010
While adjunct activists are sure to voice their opinions about the meaning of the results of this new study entitled "Examining Retention and Contingent Faculty use in a State System of Public Higher Education" published by the journal Educational Policy,...

Rare Pre-Miranda Decision in the Fifth Circuit

Posted on June 20, 2010
In May, 1964, two African-Americans, Henry Dee and Charles Moore, were kidnapped and murdered by several Anglo, Franklin County, Mississippi, citizens. Investigators recovered their bodies in the Old Mississippi River later that year. In November 1964, Mississippi authorities arrested Charles...

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