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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

Student Who Moved Out Of District Has To Change Schools

Posted on April 19, 2010
A very common issue litigated in education law concerns residency. Students are required to attend school where they live. As Matter of Tyler, ___Ed. Dep't. ____, No. 16, 205 (Feb. 10, 2010), demonstrates, if they move they must change schools....

How to reach the students who seemingly don't want to be reached

Posted on April 19, 2010
This post is for our readers who work as adjuncts (or for that matter anyone else interested in teaching). While it may surprise others, those of us who teach law students know that we often have some students who are...

NLRB declines to seek 10(L) injunction of "rat-and-banner" activity

Posted on April 18, 2010
Humility of Mary Health Partners v NLRB, ___F.Supp.2d___(N.D. Ohio March 3, 2010) is an interesting case. A federal court denied a hospital's petition for a writ of mandamus compelling the NLRB to seek an injunction to stop a union's "rat-and-banner"...

Conduct witnessed by only five workers doesn't warrant new electio

Posted on April 18, 2010
PPG Aerospace Indus, Inc, 335 NLRB No 18, (March 4, 2010), is an interesting case. Although several acts of unlawful conduct occurred during the critical period before a union election, they involved and were witnessed by a total of only...

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Colleges Putting Free Classes Online

Posted on April 17, 2010
The New York Times ran a series of articles about education classes online and gave examples of several institutions giving free classes online. That article is available here. Some of the classes include: Economics | Yale: My Teacher Is an...

Market For MBA Students Stabilizes

Posted on April 16, 2010
In this economy it is difficult for anyone to get a job. However, things may be changing for MBA students according to a March 7, 2010 article from the New York Times, here. As the article states: ?There?s reason for...

Benefit Plans - Trustees failed to follow plan's procedures for amendment changing definition of surviving spouse.

Posted on April 16, 2010
Overby v. National Ass'n of Letter Carriers, (C.A.D.C.) March 3, 2010: The failure of the trustees of a retirement plan to submit an amendment changing the definition of surviving spouse to the fund's actuaries for evaluation and estimate of its...

Preliminary Entry Level Hiring Report of Law School Faculty

Posted on April 16, 2010
Professor Solum's annual entry level hiring preliminary report of law school faculty is out. Readers interested in a career as a full time prof will want to take a look at this report. Mitchell H. Rubinstein

Ledbetter Act did not save untimely Section 1981 claim

Posted on April 16, 2010
Ekweani v Ameriprise Fin, Inc,___F.Supp.2d___(D. Az. March 3, 2010), is an interesting case. The Lilly Ledbetter Fair Pay Act could not save an otherwise untimely failure to promote claim brought under Section 1981. A financial services company employee alleged that...

ADA Does Not Protect Misconduct

Posted on April 15, 2010
Budde v Kane County Forest Preserve, ___F.3d___(7th Cir. March 4, 2010), is an interesting case. A police chief failed to comply with workplace rules when he chose to drive while intoxicated and caused a crash that sent two people to...

Litigation Tip: Sometimes It Can Be Difficult To Get Out Of A Lawsuit

Posted on April 15, 2010
The New Jersey Employment Law Blog ran an interesting March 1, 2010 post about a employment discrimination plaintiff who was not permitted to withdraw her own age discrimination lawsuit. The reason for the court decision is not known, but it...

Failure to respond to admission requests is fatal to disability claims

Posted on April 15, 2010
Quasius v Schwan Food Co, ____F.3d____(8th Cir. March 5, 2010), is an interesting case. An employee's failure to respond to discovery requests from his employer resulted in the dismissal of his ADA and Minnesota law disability bias and reprisal claims...

U.S. News Law School Rankings Leaked

Posted on April 15, 2010
The top 50 schools can be seen at Above the Law, and a breakdown of the top-100, including moves from last year, at Lawschoolpredictor. Hat Tip: Workplace Prof Blog Mitchell H. Rubinstein

Sexual Harassment Complaints Filed By Men Are Increasing

Posted on April 14, 2010
An interesting newspaper article in the The Herald dated March 5, 2010 states that the number of sexual harassment complaints filed by men has recently doubled. As the article states: From 1990 to 2009, the percentage of sexual harassment claims...

Law School Purchases Naming Rights For Minor League Baseball Park

Posted on April 14, 2010
Thomas M. Cooley Law School purchased naming rights to a minor league baseball park at the tune of 1.5 million dollars over 11 years. Sometimes you just cannot make these stories up. A National Law Journal about this waste of...

Copy of Justice Stevens Retirement Letter

Posted on April 14, 2010
Ever wonder what a U.S. Supreme Court Justice retirement letter looks like? You can see a copy of Justice Stevens' letter here. Note, how he addresses the letter; "My dear Mr. President:" Mitchell H. Rubinstein

Top Colleges and Waiting Lists

Posted on April 14, 2010
For Students, A Waiting List is Scant Help is an interesting April 13, 2010 New York Times article. As the article states: Duke, which had a record 27,000 freshman applicants, has placed 856 more on its waiting list than a...

A modern day Bleak House in Florida

Posted on April 14, 2010
A law firm associate in West Palm Beach, Florida sued his former firm in small claims court for allegedly withholding $2000 in unpaid, deferred compensation. It's a familiar story these days; firm experiences decline in revenue and asks associates to...

NLRB 75th Anniversary Web Site

Posted on April 13, 2010
The NLRB continues to have one of the most interesting web sites of any governmental agency that I have seen.They just included a 75th Anniversary section of their web site which is full of interesting facts and photo's. Check out...

Law Review Article On Reforming The Filbuster

Posted on April 13, 2010
Reforming The Filbuster is an interesting con law article by Prof Gerald Magliocca (Indiana Law School) which some readers may find of interest. The abstract provides: This Article evaluates the tradition of unlimited debate in the Senate and argues that...

Free Legal Research Over The Internet

Posted on April 13, 2010
Interesting article in the Litigation News By the ABA about using the internet to save on legal research costs. The point of the article is to use the internet first, but verify everything. Adjunct Law Prof Blog has a list...

Legal Research On I-Phone

Posted on April 13, 2010
Yes, their is now a legal research app for the I-Phone. It's called Fastcase and it can be found here. The California Blog of Appeal ran a story about this app here. Personally, I use a Blackberry so I cannot...

Hamilton College Adopts Fiscal Blind Admission Policy

Posted on April 12, 2010
The NY Times ran an interesting story on March 7, 2010, here, about Hamilton College adopting a fiscal blind admission policy. Apparently and to my amazement, several colleges consider ability to pay in admissions. As the article states: At a...

Loss or suspension of required license is Misconduct For Unemployment Insurance Purposes

Posted on April 12, 2010
Matter of Hawkins v Commissioner of Labor, 2010 NY Slip Op 01722, decided on March 4, 2010, Appellate Division, Third Department Woodrow Hawkins, a bus drive, had his commercial driver?s license suspended after he received tickets for speeding and running...

The National Law Review

Posted on April 12, 2010
The National Law Review is a legal magazine online which is more like a blog, than a law review. Authors seem to be mostly from law firms posting short articles discussing a recent case. Some readers may find this service,...

What happens when the adjunct prof becomes a law student?

Posted on April 12, 2010
This is a terrific article from today's Inside Higher Ed describing the experiences of a 58 year old adjunct marketing professor who enrolls as a part time, evening student at New York Law School. If you'd like to gain additional...

Discrimination - City university was entitled to summary judgment on unsuccessful job applicant's discrimination claims.

Posted on April 11, 2010
Chery v. City University of New York, (C.A.2 (N.Y.)) March 3, 2010: A city university was entitled to summary judgment on an unsuccessful job applicant's discrimination claims. Even if the applicant, a black woman of Haitian origin, established a prima...

U.S. Dept of Education To Step Up CIvil Rights Enforcment

Posted on April 11, 2010
The March 7, 2010 New York Times ran an interesting article, here, about how the Obama Administration Department of Education plans to step up enforcement of Civil Rights. As the article states: Seeking to step up enforcement of civil rights...

What Was It Like To Work For Justice Stevens?

Posted on April 11, 2010
My Boss, Justice Stevens is an interesting NY Times Op Ed which summarizes six interviews with Justice Stevens' former clerks. The article is well worth a read. Mitchell H. Rubinstein

Worker discharged for harassment could not bring ADEA suit

Posted on April 11, 2010
Jackson v Cal-Western Packaging Corp, ___F.3d___(5th Cir. March 2, 2010), is an interesting case. A 69-year-old employee who was discharged for noncompliance with his company's sexual harassment policy could not proceed with his ADEA wrongful discharge suit because he failed...

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