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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

Decision of Unemployment Board Not Given Preclusive Effect In Subsequent Action

Posted on February 16, 2011
What happens if an Unemployment determines that the employee did not commit misconduct. Is that finding binding on a court proceeding challenging the same termination. The answer in New York is clearly no. See, Silberzweig v. Doherty, 2010 NY Slip...

Law Review Submission Guide

Posted on February 15, 2011
UMKC Professors Nancy Levit & Allen Rostron just updated their incredibly useful document, which is a law review submission guide. This document, which is published on SSRN, contains two charts for the Spring 2011 submission season. s. The first chart...

California school district suspends student for insulting teacher on Facebook

Posted on February 15, 2011
Details here Source: International Business Times, 2/2/11, By Staff Mitchell H. Rubinstein

Justice Thomas Keeps His Silence

Posted on February 14, 2011
It has been 5 years since Justice Thomas asked a lawyer a question during oral argument as outlined in this New York Times article. I do not view this as something positive. Oral argument is the time that Justices can...

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All about New York State?s Taylor Law Summary of Taylor Law basics

Posted on February 13, 2011
Posted on the Internet is John M. Crotty?s Introduction to the Taylor Law. Mr. Crotty, an attorney and arbitrator, explains the key elements of the Taylor Law and its application and administration, its history, collective bargaining under its provisions and...

School Law Jobs

Posted on February 12, 2011
Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California School/Employment Law Attorney Carter Mathis San Francisco, California Special Education Attorney Lozano Smith Fresno, California General Counsel School Board of Broward...

Alleged CBA violation must be submitted to arbitration unless both prongs of the two-prong test governing arbitrability of disputes are satisfied

Posted on February 11, 2011
Matter of County of Orange v Civil Serv. Employees Assn. Local 1000 AFSCME, 2010 NY Slip Op 51647(U), Decided on September 22, 2010, Judge Jeffrey A. Cohen, [Not selected for publication in the Official Reports] CSEA Local 1000 filed a...

Now We Glorify Bail Bondsman!

Posted on February 10, 2011
I was amazed that the New York Times ran an article about bail bondsman, here. I guess the point of the story was to profile one successful bondsman for the starts-but so what. As the article points out, bail bondsman...

NLRB Revises Web Site

Posted on February 10, 2011
Here?s what the NLRB sent out about its revised website: The National Labor Relations Board today announced the launch of a new agency website that is more flexible, timely, easy to navigate, and useful to a variety of audiences, from...

Student suspended for wearing nose ring claims school officials violated religious rights

Posted on February 09, 2011
The AP reports that a high school student in North Carolina was suspended because her nose ring violates the school district?s dress code. the student and her mother,belong to the Church of Body Modification, a small group unfamiliar to many...

Illinois appellate court concludes disabled students enjoys statutory right to have service dog accompany him in school

Posted on February 08, 2011
An Illinois Appellate court held that a student with autism has the right under Illinois law to have his service dog attend school with him. It concluded that the dog met the statutory definition of ?service animal? and, therefore, the...

Nj Enacts Anti-Bullying Legislation

Posted on February 07, 2011
The Newark Star Ledger reported that Governor Christie signed anti-bullying legislation into law, which makes NJ one of the toughest laws in the nation. The ?Anti-Bullying Bill of Rights? is intended to eliminate loopholes in the state?s first anti-bullying law,...

Article on Cyber-Bullying

Posted on February 06, 2011
Cyber-Bullying New York Court Rejects Online Harassment Claim is an important Sept. 21, 2010 New York Law Journal article (registration required). It is about Finkel v. Dauber ?N.Y.S.2d?, No. 012313/09, 2010 WL 2872874 (N.Y. Sup. July 22, 2010) where a...

School Law Jobs

Posted on February 05, 2011
Job Title Employer Job Location Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California School/Employment Law Attorney Carter Mathis San...

Getting A Job After Age 50-Keep Dreaming!

Posted on February 04, 2011
For The Unemployed Over 50, Fears of Not Working Again, is a frightening September 19, 2010 article from the New York Times. The basic premise of the article, which is actually nothing new, is that if your over age 50...

9th Issues Interesting Reverse Sexual Harassment Decison

Posted on February 03, 2011
Equal Employment Opportunity Comm'n v. Prospect Airport Servs., Inc., No. 07-17221, 2010 U.S. App. LEXIS 18447 (9th Cir. Sep. 3, 2010), is an interesting case. The 9th held that a female co-worker's repeated sexual advances to a male colleague can...

ACLU alleges school districts? imposition of fees violates California constitution?s guarantee of free public education

Posted on February 02, 2011
A few months ago, the American Civil Liberties Union of Southern California has filed suit against the State of California. The suit alleges that some school districts are imposing student activity fees for textbook use, taking required tests and courses,...

Second Circuit Court of Appeals explains why ADEA, Title VII, Equal Protection, LMRA and ERISA claims against the City had to be dismissed

Posted on February 01, 2011
Vandermark v City of N.Y., 09-4746-cv (2nd Cir. 9-7-2010)[Summary Order*] Marshall Vandermark was the lead plaintiff when a number of Environmental Police Officers (EPOs) employed by the City of New York sued the City alleging hat the City had violated...

Estreicher on Preclusive Effects Of Arbitration

Posted on January 31, 2011
Samuel Estreicher and Steven Bennett, Preclusive Effects Of Arbitration, NYLJ Sept. 15, 2010 Download Arbitration resjudicatais an interesting article which outlines New York law with respect to res judicata and collateral estoppel in connection with arbitration...

Confessing To A Crime, But Innocent

Posted on January 30, 2011
As hard as it is to believe, defendants sometimes confess to crimes that they did not commit. This occurs in labor law as well when someone admits to misconduct. A recent New York Times article documents this and cites to...

California?s Supreme Court confirms longstanding California rule concerning employee layoffs

Posted on January 30, 2011
IAFF, Local 188 vs. Public Employment Relations Board [City of Richmond (Real Party in Interest),] California Supreme Court No. S172377 Source: Meyers Nave PLC. -- The Public Blog, posted athttp://www.publiclawnews.com/public_law_news/2011/01/ -- Reproduced with permission...

School Law Jobs

Posted on January 29, 2011
School Law Jobs Job Title Employer Job Location Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California School/Employment Law Attorney...

Labor Disputes In Cyberspace

Posted on January 28, 2011
In N.F.L. Labor Fight, Battlefield Moves Online is an interesting NY Times article from Jan. 26, 2011. Apparently, the parties are responding to each and the public online. As the article states: The Goodell-Smith volley was the latest in a...

President Obama Vetoed National Notary Legislation

Posted on January 28, 2011
The President recently vetoed HR 3808 which would have allowed state and federal courts to recognize notary signatures from other states. I cannot imagine why the President did this. It makes perfect sense to recognize notaries from the several states...

Appealing an administrative determination by the State Department of Education

Posted on January 28, 2011
Appeal of Dean F. Goewey, Decisions of the Commissioner of Education, Decision #16,135 The State Education Department?s Office of School Personnel Review and Accountability denied Dean F. Goewey?s request for a change in venue with respect to a hearing to...

School district ordered to reimburse Medicare-eligible retirees enrolled in Medicare the cost of Medicare premiums

Posted on January 27, 2011
Matter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., Supreme Court, Broome County, 2010 NY Slip Op 20360, Decided on September 3, 2010, Supreme Court, Broome County, Judge Philip R. Rumsey The Chenango Forks Central School District...

2d Circuit Issues Important NLRB Decision Concerning Forum Shopping

Posted on January 26, 2011
IBEW v. NLRB, ___F.3d___(2d Cir. Nov. 12, 2010), is an important case. An appeal can be filed in the circuit where the ULP occurred or the D.C. Circuit. What if requests for review were filed in two different circuits? The...

Conference on Law and the Brain

Posted on January 25, 2011
On March 15, 16 2011 there is a conference on Law and the Brain. A summary of this conference which will be held in New York is as follows: Advances in neuroscience are providing insight to the inner workings of...

Appealing an administrative determination by the State Department of Education

Posted on January 25, 2011
Appeal of Dean F. Goewey, Decisions of the Commissioner of Education, Decision #16,135 The State Education Department?s Office of School Personnel Review and Accountability denied Dean F. Goewey?s request for a change in venue with respect to a hearing to...

Union Membership Continues To Decline

Posted on January 24, 2011
The BLS just released its annual satistics on unionization rates in this country and if you believe in unions the numbers are not good in the private sector. 6.9% of the private sector workforce is unionized while 36.2% of the...

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