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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

Lawyer Sues For Defamation

Posted on April 27, 2010
Lawyers are not immune from lawsuits. A March 16, 2010 article in the Blog of the Legal Times discusses a defamation suit filed by a temp attorney because someone apparently told his employing agency that he was fired for stealing....

Denial of office space could constitute a materially adverse action

Posted on April 27, 2010
Lockridge v Univ of S Maine, ___F.3d____(1st Cir. March 10, 2010), is an interesting case. I bring it to your attention because the court recognizes that a denial of an office could be a material adverse action under Title VII....

Employee has the burden of proof that the decision that he or she did not satisfactorily complete a probationary period was made in bad faith

Posted on April 27, 2010
Matter of Davids v City of New York, 2010 NY Slip Op 03247, Decided on April 22, 2010, Appellate Division, First Department Joseph Davids was demoted* from the rank of probationary captain to his permanent title of lieutenant Davids filed...

School Bullying and The Courts

Posted on April 27, 2010
Bullying was always and remains a significant problem in schools. Of course, "the bully" may be subject to discipline by the school. But that can take time and the remedies are often ineffective. The ABA Journal Law News Now reports...

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Congratulations, South Texas College of Law

Posted on April 27, 2010
Belated congratulations to the South Texas College of Law advocates at the National American Bar Association Moot Court competition in Chicago earlier this month. South Texas claimed its 15th national championship - no other law school has won the prestigious...

On Last Minute Pre-Exam Questions

Posted on April 27, 2010
If you are a law professor, adjunct or otherwise, your exam season is likely either here or just around the corner. Professor Jessie Hill (Case Western Reserve) at PrawfBlawg today posted, "Could you please summarize civil procedure for me?" --...

COBRA Premium Reduction

Posted on April 26, 2010
Source - U. S. Department of Labor, Employee Benefits Security Administration Fact Sheet The American Recovery and Reinvestment Act of 2009 (ARRA), as amended, provides for premium reductions for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985,...

Are Tax Credits To Religious Oriented Schools Unconsitutional?

Posted on April 26, 2010
A March 8, 2010 Op Ed article in the National Law Journal raises the question whether or not tax credits given to religious orientated schools for donations is an unconstitutional establishment of religion under the First Amendment. The article reports...

Former Labor Secretary Willard Wirtz Dies At 98

Posted on April 26, 2010
The New York Times reported that former Labor Secretary Willard Wirtz died at age 98. Wirtz was Labor Secretary during the Kennedy and Johnson Administration. While he has been out of the public spot light for quite some time, lawyers...

Rare Pre-Miranda Decision in the Fifth Circuit

Posted on April 26, 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...

Teacher Layoffs Around the Corner in NYC?

Posted on April 25, 2010
The New York Times apparently thinks so. The idea is frightening. Mitchell H. Rubinstein

Workplace Safety

Posted on April 25, 2010
We do not discuss workplace safety much on this blog. However, it is important to recognize that it is an important part of employment law. Most employers are regulated by OSHA and there are lawyers whose practice is devoted to...

Law School Special Report From New York Law Journal

Posted on April 25, 2010
The New York Law Journal recently published a special report on law schools. (registration required). Law students and prelaw students may want to check these articles out. Mitchell H. Rubinstein

The Stevens Legacy

Posted on April 24, 2010
The Stevens Legacy is an excellent National Law Journal series of articles that summarizes the amazing career of Justice Stevens. I thought readers would find these articles of interest. Justice Stevens will be missed. Mitchell H. Rubinstein

Collective bargaining agreement permitted employer to require employees to charge FMLA absences to vacation accruals

Posted on April 23, 2010
Matter of Bridge & Tunnel Officers Benevolent Association v Triborough Bridge & Tunnel Auth., 57 AD3d 398 The collective bargaining permitted the Triborough Bridge and Tunnel Authority to require employees to substitute paid annual leave for FMLA leave (see 29...

Marital privilege not available in administrative disciplinary actions taken against law enforcement personnel

Posted on April 23, 2010
Riverside County Sheriff's Department v Astrid Megan Reynolds, Court of Appeal [California], 4th District, Division 2, Docket #E043187 Astrid Megan Reynolds served as a deputy sheriff with the Riverside County [California] Sheriff?s Department. She was served with disciplinary charges alleging...

Copies of Theses and Dissertations

Posted on April 23, 2010
Open Thesis provides access to theses and dissertations. While not geared towards law, researchers may find this site helpful. Mitchell H. Rubinstein

Does academic freedom protect professor's right to blog about scoring prostitutes?

Posted on April 23, 2010
This is a story that raises a morass of legal issues including the first amendment, academic freedom, tenure rights, and perhaps violations of federal law that prohibit enticing people to travel aboard for prostitutes. Inside Higher Ed is reporting, via...

Virginia Supreme Court holds local school board entitled to coverage under insurance policy for claim brought pursuant to IDEA

Posted on April 22, 2010
School Bd. of the City of Newport News v. Virginia, No. 090313 (Va. Feb. 25, 2010), is an important case. The Virginia Supreme Court held that a local school board was entitled to coverage under an insurance policy administered by...

3rd Department Decision Demonstrates Severe Problems at NYS Division of Human Rights

Posted on April 22, 2010
Matter of Department of Labor v. NYS Division of Human Rights, ___A.D. 3d___(3rd Dep't. March 11, 2010), is brought to your attention because it took 12 years for a hearing to take place. It then took 3 years for a...

Federal court jury awards student $800,000 in Title IX peer sexual harassment suit

Posted on April 21, 2010
A federal district court jury in Michigan reportedly has found a school district liable to the tune of $800,000 for failing do enough to protect a student from years of bullying. The school plans to appeal. The student first experienced...

Supremes Grant Cert in USERRA Cat Paw's Case

Posted on April 21, 2010
Workplace Prof Blog reports via Ross Runkel's LawMemo that the Supremes granted cert in a "Cat's Paw" case invovling USERRA. Staub v. Proctor Hospital (US Supreme Ct cert granted 04/19/2010). The issue is "In what circumstances may an employer be...

Hofstra Legal Writing Prof Is Unsuccessful In Challenging His Non-Reappointment

Posted on April 21, 2010
Matter of Fruehwald v. Hofstra University, ____Misc. 3d____(Nassau Co. April 19, 2010), appears to be part of a growing number of cases where a member of a law faculty commences litigation against his law school. Here, a legal writing instructor...

Students and blogger press for more transparency in law school jobs stats.

Posted on April 21, 2010
Last week, Professor Brian Leiter blogged about the portion of the USNWR law school ranking data that takes into account the percentage of law school 3L's who have jobs at graduation. In his post entitled "Move Over Ripley! Bob Morse's...

N.J. Teacher suspended for engaging in union activities stated valid First Amendment retaliation claim

Posted on April 20, 2010
Cowan v. Board of Educ. of the Borough of Carteret, ___F.Supp.2d___ (D.N.J. Feb. 22, 2010), is an interesting federal district court case from New Jersey. The court held that a teacher, suspended with pay for putting a pro-union essay in...

Mitigating circumstances considered by hearing officer in setting disciplinary penalty

Posted on April 20, 2010
Matter of Clifford v Kelly, 58 AD3d 432 New York City Police Officer Kathleen Clifford was found guilty of the departmental infraction of ?failure to comply with a superior officer's order? Police Commissioner Raymond W. Kelly imposed the forfeiture of...

Preview of Employee Texting Supreme Court Case

Posted on April 20, 2010
Justices to Weigh Employee Privacy Rights is an interesting April 19, 2010 article which appeared in both the National and New York Law Journals (registration required). It previews City of Ontario, Calif. v. Quon, 08-1332 which is pending in the...

Male Sexual Harassment Claims On The Increase

Posted on April 19, 2010
EEOC and BLS data is showing an increase in the number of sexual harassment claims filed with the EEOC by men. These types of claims have gone up 12% over the last three years and now stand at 16.4% of...

Supremes Ask For Additional Briefing Now That Obama Made Recess Appointments To Supremes

Posted on April 19, 2010
As readers to this blog all know, the issue of whether the NLRB has the authority to issue decisions with only two Members is pending in the Supremes. President Obama recently made two recess appointments which put the Board at...

Attempting to vacate a consent agreement resolving an administrative proceeding

Posted on April 19, 2010
Matter of Kirk v State Bd. for Professional Med. Conduct, 58 AD3d 910 Robert David Kirk was charged with various instances of professional misconduct by the Bureau of Professional Medical Conduct. In the course of the proceeding that followed, Kirk...

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