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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

Abercrombie & Fitch draws EEOC complaint for banning hijab

Posted on April 01, 2010
Acbercrombie & Fitch, the upper class store for pre-teens and teens recent was hit with an EEOC complaint for banning a hijab according to a recent article in the National Law Journal.http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202444633424&Abercrombie__Fitch_draws_EEOC_complaint_for_banning_hijab As the article states: The complaint came five...

School Must Provide One On One Aide To Student Enrolled In Private School

Posted on April 01, 2010
Matter of Board of Education Bay Shore Union Free School Dist. v. Thomas K, ____N.Y. 3d___(March 30, 2010), is a major special education decision. The Court held that where a student is entitled to a one on one aide under...

Justice Stevens About To Set Some Milestones

Posted on March 31, 2010
Supreme Court Stats Reveal Impending Milestones For Justice Stevens is an interesting Feb. 26, 2010 article from the National Law Journal. Stevens, who turn 90 in April, is about to pass Justice Marshall as the third longest Justice with the...

Sabbath Observer Loses Title VII Discrimination Suit Alleging Failure to Accommodate Observance

Posted on March 31, 2010
Waltzer v. Triumph Apparel Corp, ___F.Supp. 2d___, NYLJ, Feb. 26, 2010 (S.D.N.Y. 2010)(registration required) is an interesting case. I bring it to your attention because the court does a nice job in reviewing the duty to accommodate Sabbath observers...

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NYS Court of Appeals Issues Guidance Re; Individual's Ability To Pay For Arbitration

Posted on March 31, 2010
Matter of Brady v. Williams,___N.Y.3d___(March 25, 2010), is an important case. It addresses the issue of whether an arbitration agreement will be enforceable if it is prohibitively expensive? The answer, at least with respect to an individual appears to be...

Obama Health Bill Mandates Unpaid Employee Lactation Breaks For One Year

Posted on March 31, 2010
Professor Marcia McMormick over at Workplace Prof Blog wrote an important article on March 30, 2010 which explains that the Obama Health Bill (Act) requires most employers to give female employees unpaid breaks to lactate for one year after the...

Overqualified, But Happy To Have a Job

Posted on March 30, 2010
Overqualified? yes, but Happy to Have a Job is an interesting March 29, 2010 New York Times article. As the article indicates, it is about people who have to take a job-any job- even though they may be overqualified. As...

Obama Adminstration To Use Federal Procurement Policy To Deter Labor Violations

Posted on March 30, 2010
Plan to Seek Use of U.S. Contracts as a Wage Level is another important article by Steven Greenhouse in the Feb. 26, 2010 New York Times. It is about the Obama Administration plans to use federal procurement policy to deter...

Obama Care-Check The Fine Print

Posted on March 30, 2010
Coverage For Sick Children? is an important March 29, 2010 New York Times article. Some insurance companies are already arguing that they do not have to provide one of the benefits that the president calls a centerpiece of the law:...

EEOC Issues Regs on Reasonable Factors Other Than Age? (RFOA)

Posted on March 30, 2010
On Feb. 16, 2010, CCH Workday ran an intersting posting on recent EEOC ADEA regulations on RFOA. As the article states: The EEOC?s proposed regulations provide a nonexclusive list of factors relevant to determining whether an employment practice is reasonable:...

Law professors won't have to worry about websurfing students if these blogs get their way

Posted on March 30, 2010
Apropos to the story below, law.com is reporting on an emerging, informal collection of bloggers who are urging prospective students to avoid law school like the plague given the high cost of attending and the lack of jobs (at least...

Yet more reasons for banning laptops in the classroom

Posted on March 30, 2010
According to this editorial in the Hufffington Post, the Harvard law faculty have voted unanimously to ban laptops in first year courses. And that's a good thing according to this this editorial by U. of Washington law professor Maureen Howard...

Single Member of NLRB Has Authority To Issue Investigative Subpoena

Posted on March 29, 2010
I bring Expert Electric, 355 NLRB No. 12 (Feb. 18, 2010), because the employer sought to revoke an investigative subpoena by raising a host of procedural arguments based upon the fact that the NLRB is currently composed of two Members....

Happy Passover

Posted on March 29, 2010
Happy Passover to my Jewish readers. Hey, you do not even have to be Jewish to have a Seder. Just ask President Obama. Details here. Mitchell H. Rubinstein

Article On Employment Releases

Posted on March 29, 2010
Navigating Murky Waters of Employment Waivers and Releases by Eve Klein, Joanna Varson, and Keith Greenberg is an interesting article on employment releases and waivers in the Feb. 2010 NYS Bar Journal. The article surveys the major employment statutes and...

?Firefighters Rule? bars police official from suing his or her employer for injuries he or she suffered as a result of employer's alleged negligence

Posted on March 29, 2010
Wadler v City of New York, 2010 NY Slip Op 01373, Decided on February 18, 2010, Court of Appeals The parking lot of the New York City Police Headquarters in Manhattan is protected by a concrete barrier-gate that can be...

Can Employers Prohibit Texting While Driving??

Posted on March 29, 2010
CCH Workday ran an interesting Feb. 24, 2010 article on restrictions on employee texting. President Obama, who issued an Executive Order on October 1, 2009, which directed federal employees not to engage in text-messaging while driving government-owned vehicles, when using...

Breaking News Obama To Make Recess Appointments To NLRB

Posted on March 28, 2010
On Sat. March 27, 2010 President Obama announced his intent to make recess appointments for 15 individuals, including Craig Becker and Mark Pearce to the National Labor Relations Board. The White House announcement is here. The Press Release Provides: After...

Becker May Get NLRB Recess Appointment

Posted on March 27, 2010
We have covered the dysfunctional NLRB for quite some time. Readers will recall that the NLRB currently has 2 Members. It is questionable whether the NLRB has the authority to act with only 2 members as that issue is currently...

10 Fastest Growing Jobs

Posted on March 27, 2010
A list of the 10 fastest growing jobs in this country is available here. What is number one?? Bio medical engineers. Mitchell H.Rubinstein

PDF Web Sites For Free

Posted on March 26, 2010
PDFmyURL.com will pdf any page on the internet for free. Might be a nice way to save cases and articles. Mitchell H. Rubinstein

Student Suspended For Comment On Facebook Can Sue His School

Posted on March 26, 2010
Student Suspended For Facebook Page Can Sue is an interesting Feb. 15, 2010 NY Times article. It is about a growing number of student discipline cases based upon actions or conduct of the student that occurred outside the classroom. What...

Medical Schools on The Rise

Posted on March 26, 2010
A Feb. 14, 2010 states that there is an influx in the number of medical schools. For years there has been a shortage and many students had to get their medical education overseas. The full article can be found here....

Commissioner of Education asked to void collective bargaining agreement between school district and an employee organization

Posted on March 26, 2010
Appeal of Theresa Budich, from actions of the Board of Education of the Monroe-Woodbury Central School District relating to the ratification of a collective bargaining agreement, and application for the removal of Michael DiGeronimo as a member of the board...

Law Student Unsuccessfully Challenges His Grade In Legal Writing Writing

Posted on March 26, 2010
Keefe v. New York Law School, ____A.D. 3d___(1st Dep't. March 25, 2010), is an interesting case. A law student who transferred into New York Law School challenged a grade he got in Legal Writing II. He claimed that he was...

Adjunct who took a stand against mandatory DNA testing loses his job

Posted on March 25, 2010
We'd previously reported on the case of Matt Walker, an adjunct undergrad professor at the University of Akron and Vice President of The New Faculty Majority- an adjunct rights group, who resigned over that school's requirement that new employees submit...

The best techniques for influencing semester-end student evals?

Posted on March 25, 2010
Adjuncts are in a tough spot - their annual contracts are renewed almost entirely, if not entirely, based on their semester-end student evals. Many believe this is bad practice that sharply undermines classroom rigor by putting pressure on professors to...

Alabama teachers? union supports proposed teacher ethics code and a bill requiring the immediate termination of teachers convicted of felonies

Posted on March 25, 2010
The Dothan Eagle reports that the Alabama Education Association (AEA) is throwing its support behind a proposed teacher ethics code and a bill that would call for the immediate termination of teachers who are convicted felons, even though it opposed....

Study finds charter schools lack racial diversity

Posted on March 25, 2010
According to the Washington Post, a recently released study from the Civil Rights Project at UCLA found seven out of 10 black charter school students are on campuses with extremely few white students. The study of enrollment trends shows the...

International Criminal Court and Afghanistan

Posted on March 25, 2010
Rahim Kanani, a Research Associate of Justice and Human Rights at Harvard University writes to inform us of an interesting article he wrote for the March 24, 2010 Huffington Post, here. He argues that the International Criminal Court (ICC) should...

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