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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

School Law Jobs

Posted on April 10, 2010
School Law Jobs Job Title Employer Job Location Counsel II Schools Legal Service Bakersfield, California General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California Labor & Employment Attorney Lozano Smith Fresno, California Special Education...

District violated teacher?s free speech rights by prohibiting him from displaying classroom banners with religious references

Posted on April 09, 2010
Johnson v. Poway Unified Sch. Dist., ___F.Supp. 2d____ (S.D. Cal. Feb. 25, 2010), is an interesting case. A federal district court ruled that school district officials violated a high school teacher?s free speech rights because it censored his expression that,...

Hospital Strikes

Posted on April 09, 2010
Killer Strikes is an important April 6, 2010 posting by Prof. Jeff Hirsch over at one of our sister blogs, Workplace Prof Blog. Jeff reports on an important new labor relations article (not done by a law prof) which appears...

Discrimination - NYSHRL and NYCHRL apply when discriminatory act is committed in New York, even if its impact is felt outside of New York.

Posted on April 09, 2010
Rohn Padmore, Inc. v. LC Play Inc., (S.D.N.Y. March 4, 2010) A federal district court in New York has ruled that the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL) apply when a...

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Apology and Contempt

Posted on April 09, 2010
Apologies are an important part of ADR as well as other areas a law. In one controversial case, a Arizona lower court held that a contemnor may purge the finding of contempt and jail sanction by offering ?a sincere verbal...

The difficulty adjuncts have securing health insurance

Posted on April 08, 2010
This story from Inside Higher Ed illustrates the administrative hassles adjuncts face obtaining health insurance even when they pool their resources to create a plan that doesn't cost their employer a cent (and have the support of FT faculty). This...

Disciplinary hearing officer?s findings the basis for collateral estoppel in a subsequent administrative hearing concerning the same issue

Posted on April 08, 2010
Matter of Morales v Commissioner of Labor, 2010 NY Slip Op 01559, Decided on February 25, 2010, Appellate Division, Third Department Felicita Morales, a community associate for the New York City Housing Authority, was charged with misconduct stemming from a...

KINDERGARTEN CRUNCH: POPULAR SCHOOLS RUN OUT OF SEATS AND PARENTS ARE FURIOUS

Posted on April 08, 2010
At least three Manhattan schools already have dozens more kindergarten applicants than they can handle - and there's still a week left in the registration period. Parents hoping to send their youngsters to topnotch schools in lower Manhattan and on...

Another Obama Supreme Court Appointment??

Posted on April 08, 2010
At 89, Stevens Contemplates Law and How to Leave is an interesting April 3, 2010 New York Times article that all lawyers may find of interest. It is a story about a rare interview conducted with Justice Stevens who has...

Bad economy leads to greater use of unpaid interns raising legal issues

Posted on April 07, 2010
This article from today's New York Times warns about the potential legal issues raised by the increasing use of unpaid interns during a bad economy when competition for jobs is ferocious. This isn't an issue affecting only those employing undergrads;...

Editorial blasts administration heavy reliance on contingent faculty

Posted on April 07, 2010
This editorial from the Chronicle of Higher Ed is addressed to the science academy but it's a pervasive problem affecting most of academy generally. What's really happening is restructuring of the labor market from a "market in jobs" to a...

Outsourcing Grading!

Posted on April 07, 2010
We all heard of jobs being outsourced where some work can be down cheaper in other countries. Now, a remarkable article from the Chronicle of Higher Education (registration required) dated April 4, 2010 reports that some profs are out sourcing...

Now Its Even Harder To Get Into Harvard

Posted on April 07, 2010
The New York Times reported on March 31, 2010, that applications to elite universities are up. That means it will be harder to get in. As the article states: Harvard, the University of Pennsylvania, Dartmouth, Cornell, Stanford, M.I.T. and Duke...

Principal Loses Employment Discrimination Suit

Posted on April 07, 2010
Garrett v. Mazza,___F. Supp. 2d___, NYLJ, 3-2-10,(S.D.N.Y. 2010) (registration required) is an interesting case.PLAINTIFF'S 1997 lawsuit arose from her 1997 removal as principal of a Manhattan public school and her subsequent reassignments to different positions in the system...

Clawbacks

Posted on April 07, 2010
Executive Compensation Clawbacks is an interesting March 29, 2010 New York Law Journal article (registration required). The article surveys executive compensation clawbacks which generally refers to an employer's right to recovery of compensation paid or owed to an employee upon...

Judges and Google

Posted on April 06, 2010
Our sister blog, Legal Writing Prof Blog, has an interesting story about a case involving a judge who googled a search term about a defendant during a criminal trial. In a nutshell, the Second Circuit held that the judge did...

College Internships May Be Illegal

Posted on April 06, 2010
Growth of Unpaid Internships May Be Illegal, Officials Say is an interesting April 3, 2010 N.Y. Times article by Steven Greenhouse. It highlights an issue that myself and others have written about. Whether unpaid interns or volunteers are really employees...

Employer must bargain over change in no-match policy

Posted on April 06, 2010
Aramark Educ Servs Inc, 355 NLRB No 11 (February 18, 2010) is an interesting decision. Aramark unlawfully refused to bargain by unilaterally implementing a Social Security no-match policy and unlawfully suspending 15 workers under the policy prior to reaching an...

Writing Prof Looses Lawsuit Seeking FT Job

Posted on April 06, 2010
Law professors are part of an exclusive club. It is very difficult-close to impossible in fact-to obtain a FT tenure track gig. Legal writing, once considered a second step child, has come into its own as a profession and getting...

NDCal: LMRA did not preempt state law privacy claims

Posted on April 05, 2010
Saenz v Kaiser Permanente, ___F.Supp.2d___(N.D. Cal. February 19, 2010), is an interesting case. The court held that the LMRA did not preempt an employee's state law claims that an employer and union failed to prevent the unauthorized disclosure of personal...

Is the recession ending??

Posted on April 05, 2010
Recessions are funny things. You do not know when it is over until, well it is over. Economists look to several signs to try to see where the economy is heading. One important indicator is job growth. Job growth has...

8thCir: Court upholds jury finding that ADEA plaintiff was not an employee

Posted on April 05, 2010
Ernster v Luxoco, Inc, ___F.3d____(8th Cir. February 23, 2010), is an interesting decision. A trial court did not abuse its discretion in upholding a jury's determination that a marketing representative for a brokerage firm representing liquor and wine companies was...

NLRB Has A Facebook Page

Posted on April 05, 2010
Yes, its true, the National Labor Relations Board has a Facebook page, here. As far as I could tell, it is maintained by the Board itself as the documentation appears to be only press releases. However, though I obviously am...

Seyfarth Shaw plans to link merit pay and billing rates for associates

Posted on April 04, 2010
Seyfarth Shaw, one of nations largest labor law firms plans to link merit pay and billing rates for associates according to a recent article in the National Law Journal. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202444464787&Seyfarth_Shaw_plans_to_link_merit_pay_and_billing_rates_for_associates_ As the article states: The Chicago-based firm said last year...

If an employer uses Sexually Explicit Language To Everyone Can He Be Guilty of Sex Discrimination??

Posted on April 03, 2010
A Feb. 12, 2010 posting from Work Matters raises the question whether an employer who operates an sexually inappropriate work environment with respect to both men and woman can be found guilty of sexual harassment. The problem of course, is...

The shifting definition of academic cheating

Posted on April 02, 2010
In a recent article from the Chronicle of Higher Ed that discusses the rise of academic cheating among college students (and places some of the blame with professors who turn a blind eye to it), it's clear that professors and...

Let The NLRB Flip Flopping Begin

Posted on April 02, 2010
Democratic NLRB May Begin The Traditional Flip Flops is an interesting March 29, 2010 National Law Journal article. It is about how Obama's recent recess appointments to the NLRB now give the Democrats a majority and that majority is likely...

2010 Edition The Discipline Book Just Published

Posted on April 02, 2010
Harvey Randall who is a good friend to this blog just published with Eric Randall THE DISCIPLINE BOOK; A CONCISE GUIDE TO DISCIPLINE IN THE NEW YORK STATE PUBLIC SERVICE (Public Employee Press 2010) (click on the link to purchase...

1stCir: Claims based on municipal employer's recording of phone calls fail

Posted on April 02, 2010
Walden v City of Providence, ____F.3d____(1st Cir. February 23, 2010), is an interesting case. Current and former municipal firefighters and police officers failed to make out claims against a municipality and other individuals for violating their constitutional and statutory rights...

Obama Health Bill Includes Whistleblower Protection For Health Care Workers

Posted on April 01, 2010
Today's Workplace has an interesting and important article about a little noticed part of Obama Care. It includes Whistleblower protection for health care workers. As the article states: Section 1558: Health care worker whistleblower protections added to the Fair Labor...

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