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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

New study shows grade inflation is real and the culprit may be student evals of faculty

Posted on March 18, 2010
A new study of undergraduate grading practices shows unequivocally that grade inflation is a very real phenomenon. The study examined grading trends at undergraduate schools over the past 15 years. One of the study's author's concluded ?there?s no doubt we...

Obama Proposes Major Changes To No Child Left Behind

Posted on March 17, 2010
On March 13, 2010, the New York Times reported that President Obama has proposed major changes to the Bush era No Child Left Behind statute. Though the story is short on details, the article does state: The administration would replace...

Federal Courts To Increase Public Access By Decreasing PACER Cost

Posted on March 17, 2010
The Blog of the Legal Times reported on March 16, 2010 that the judicial conference of U..S. Courts in a closed door meeting voted to increase public access by increasing from 10 dollars a year to 10 dollars a quarter...

Practice Tip: Calm Down!

Posted on March 17, 2010
Meet Mongo is an important Feb. 2010 ABA Journal article that every litigator should read. It highlights the fact that when an attorney bickers with the other side more often than not-that will hurt you. It will certainly cause you...

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Unemployment benefits denied after discharge for refusing drug test

Posted on March 16, 2010
Ward v The Durham Co, Mo. Ct. Appeals (January 22, 2010), is an interesting unemployment case. An industrial relations commission did not err, for purposes of determining unemployment insurance eligibility, in finding an employee was discharged for misconduct connected to...

Discharged employee offers evidence of FMLA interference, retaliation

Posted on March 16, 2010
Erdman v Nationwide Ins Co, ___F.Supp.2d____(M.D. Pa.January 15, 2010), is an interesting case. An employee who applied for FMLA leave after being denied vacation time to prepare her Down Syndrome child for school and then was terminated for purported behavioral...

Dodson: Justice Souter and the Civil Rules

Posted on March 16, 2010
Professor Scott Dodson (William & Mary) has posted "Justice Souter and the Civil Rules" on the Social Sciences Research Network. Here is the abstract: Justice Souter?s recent retirement from the Court after nearly twenty years presents a unique opportunity to...

The "greatest student email ever written?"

Posted on March 16, 2010
But for all the wrong reasons suggests this blog postabout a college student who sends an email rant to his professor comparing himself to Bill Gates and suggesting that the professor isn't smart enough to recognize the student's brilliance. The...

Preaction Disclosure In Defamation Case Involving Google

Posted on March 15, 2010
Resorts International v. Google, Inc, ____Misc.3d_____(N.Y.Co. March 4, 2010), is an important case. Under New York law, a party can seek preaction disclosure to obtain, for example, the identity of a potential defendant. Preaction disclosure was sought for this reason...

Helicopter pilots are not exempt learned professionals under FLSA

Posted on March 15, 2010
Pignataro v Port Authority of New York and New Jersey, ___F.3d____(2d Cir. January 27, 2010), is an interesting FLSA case. The 2d Circuit held that helicopter pilots employed by the New York Port Authority were not exempt from overtime pay...

What Happens After An Employee's FMLA Leave Expires?

Posted on March 15, 2010
A posting from Jeff Nowak of Franczek Radelet in Chicago via Workplace Prof Blog reminds us that even after an employees FMLA leave expires, an employer may have an obligation to accommodate his or her disablity. This important issue is...

Summarily terminating a probationary appointee

Posted on March 15, 2010
Matter of Turner v Horn, 2010 NY Slip Op 00565, Decided on January 26, 2010, Appellate Division, First Department Lakeisha Turner, a probationary employee serving with the New York City Department of Correction, was terminated during her probationary period without...

Fifth Circuit on Leg Shackles and Due Process

Posted on March 15, 2010
Last week, the Fifth Circuit Court of Appeals reversed a drug conviction against a pro se defendant, finding the district court'violated the defendant's Due Process rights when it ordered him shackled in leg irons during the jury trial. United States...

Online Reputation Can Cost Someone A Job

Posted on March 14, 2010
Maximum PC (April 2010, page 10), of all places, reported on a study by Microsoft which found that 70%-yes 70% of HR professionals turned down a job candidate based upon their online reputation. The article continues as follows: The top...

Kansas City To Close About Half Of Its Schools

Posted on March 14, 2010
A March 11, 2010 New York Times article outlines Kansas City's plan to close 28 of its 61 schools. This will result in a loss of 700 jobs. Why is this happening? Because of budget problems and because students appear...

Justia Ranks Lists Adjunct Prof Blog As 47th Most Popular Law Blog

Posted on March 14, 2010
Justia recently ranked the most popular law blogs this month. I am delighted to report that Adjunct Law Prof Blog is ranked 47th. Instapundit.com is ranked number one. Check it out.Hat Tip: New York Public Personnel Law Mitchell H. Rubinstein

School Law Jobs

Posted on March 13, 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 General Education / Labor & Employment Attorney Lozano Smith Los...

So You Want To Be A Law Clerk

Posted on March 13, 2010
Crunching Clerks is an excellent Feb. 2010 ABA Journal article which highlights something I was totally unaware of. Today it is much more difficult for law students to find jobs as law clerks. Why? Because of the poor economy. Quite...

Using a global positioning device to track the location of individuals while at work

Posted on March 12, 2010
People v Weaver, 12 NY3d 433 A number disciplinary actions taken against employees were initiated by, or relied upon, the use of global positioning equipment installed in the employer?s vehicle or in the employer-issued cell phone. In addition, PERB has...

Employee terminated after losing the license required to perform the duties of the position

Posted on March 12, 2010
Matter of New York State Off. of Children & Family Servs. v Lanterman, 62 AD3d 1109 The most significant issue in the Lanterman case concerned the result if the individual does not hold the license, certification, permit or other credential...

Michigan State Ct holds That Personal Email Messages Maintained By Public Body Are Not Subject To FOIA

Posted on March 12, 2010
The Michigan Court of Appeals has held that personal email messages, including intra-union communication, maintained on the email server of a public body are not subject to the Michigan FOIA as they were not written in the exercise of an...

Breaking News; 9th Cir. Issues Major Decision Upholding Pledge

Posted on March 12, 2010
Newdow v. Roe, ____F.3d_____(9th Cir. March 11, 2010), is a major constitutional law case upholding the Pledge. The decision spans 193 pages and the court was divided. In a nutshell, the Pledge was upheld because it was viewed as an...

Responding To Expanding Employment Discrimination Protections Under New York Law

Posted on March 11, 2010
Mike Weber and Bruce Millman wrote an interesting Jan. 29, 2010 article for the New York Law Journal about responding to expanding discrimination charges before the NYC and NYS Division of Human Rights. As the article points out, New York...

Court Defines Disquailfying Misconduct For Unemployment Purposes

Posted on March 11, 2010
Matter of Cedrone v. Commissioner of Labor, ___A.D3d___(3rd Dept. Jan. 28, 2010), is an interesting case. The court holds that a teacher who left a student behind in a fire drill committed misconduct even though no harm was done and...

EEOC Sues Kelley Drye for Age Bias Over Compensation System

Posted on March 11, 2010
The New York Law Journal reported on Jan. 29, 2009 that the EEOC is suing the large NYC law firm of Kelley Drye for age discrimination. As the article explains: The Equal Employment Opportunity Commission sued Kelley Drye & Warren...

Chief Justice Roberts Questions Whether Supreme Court Should Attend State of The Union

Posted on March 11, 2010
White House Spars With Chief Justice is an interesting March 10, 2010 article from the N.Y. Times Blog. It is about the President's criticism of the Court during his State of the Union Address. The article describes recent remarks by...

Former school board member files suit challenging Georgia?s nepotism law

Posted on March 10, 2010
According to the Gainesville Times, former Gainesville school board member Kelvin Simmons has filed a federal lawsuit challenging a state law that barred him from seeking re-election. The plaintiffs are challenging a law that went into effect last year barring...

District not liable under Title IX for former teacher?s sexual misconduct subsequent to employment by another district

Posted on March 10, 2010
Doe-2 v. McLean County Unity Sch. Dist. No. 5, ___F.3d___, 2010 WL 199625 (7th Cir. Jan. 22, 2010), is an important case. The Seventh Circuit held that a school district was not liable under Title IX for a former teacher...

THE AMERICAN COLLEGE OF HISTORY AND LEGAL STUDIES

Posted on March 10, 2010
The American College of History and Legal Studies created in 2009 will open its doors in August 2010 for undergraduates. Students who earn thirty (30) credits at ACHLS and achieve a GPA of 2.7 or higher in their junior year...

Top 5 Sports Agents Who Are Attorneys

Posted on March 10, 2010
Bitter Lawyer ran an interesting story on March 8, 2010 about the top 5 Sports Agents who are attorneys. So who are they? 1. DREW ROSENHAUS President & Chairman, Rosenhaus Sports Law School: The Duke University School of Law (1990)...

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