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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

NYS Court of Appeals Issues Major Decision Once Again Reaffirming the Narrower Standard of Judicial Review

Posted on February 19, 2010
Matter of NYC Transit Authority v. TWU, ___N.Y.3d___(Feb. 18, 2010) is an important decision. The NYS Court of Appeals upheld an arbitrator's award in which the arbitrator reduced the termination of an employee to a suspension without pay for the...

Time employees spent donning and doffing protective gear was excludable from compensable work time.

Posted on February 19, 2010
The time spent by employees donning and doffing protective gear constituted time spent "changing clothes" under the Fair Labor Standards Act (FLSA). As such, the time was excludable from compensable work time. This was true in light of the plain...

High Court Justices and Others Win Legal Writing Awards

Posted on February 19, 2010
High Court Justices and Others Win Legal Writing Awards The Green Bag, the unconventional law review, has just announced its "Exemplary Legal Writing" awards for 2009. Among the winners are three Supreme Court justices: Chief Justice John Roberts Jr., Justice...

Employee organization?s duty of fair representation

Posted on February 19, 2010
Cox v Subway Surface Supervisors Association, et al., 2010 NY Slip Op 00076, decided on January 7, 2010, Appellate Division, First Department This decision makes two important points with respect to a union?s duty of fair representation: 1. The individual...

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Syracuse Law Review: Caperton v. A.T. Massey Coal Co. Symposium

Posted on February 19, 2010
Syracuse Law Review is publishing a Caperton v. A. T. Massey Coal Co. Symposium in its next issue. The United States Supreme Court in Caperton held that Due Process requires a judge to recuse himself from a case in which...

50 Free Career Aptitude Tests

Posted on February 18, 2010
50 Career Aptitude Tests is a commercial web site that appears to generate traffic by publishing helpful lists. Readers may find this list of aptitude tests helpful.Their list of first ten is as follows: Personality These tests take a look...

Study: Minority Law Student Numbers Dip as Law School Capacity Rises

Posted on February 18, 2010
The percentage of African-American and Mexican-American students enrolled in law school dipped between 1993 and 2008, even as overall law school capacity rose across the country, according to a study released Tuesday by Columbia Law School's Lawyering in the Digital...

Mediation Privilege Recognized In Ohio

Posted on February 18, 2010
Anthony v. Andrews, 2009 WL 4547605 (Ohio Ct. App. Dec. 4, 2009), is an interesting mediation case. Rebecca Anthony sued Dr. Annette Andrews in state court alleging medical malpractice. During a court-ordered mediation, Andrew's counsel informed the mediator that Andrews...

Employer Unlawfully Refuses To Provide Union With Information

Posted on February 17, 2010
Chrysler, LLC, 354 NLRB No. 128 (Jan. 6, 1010), reviews several fundamental principles of labor law. Here an employer committed a ULP by refusing to supply the union with requested relevant information. Other information, the employer was not required to...

Torts - School could not be held liable for injuries sustained by student in gym class

Posted on February 17, 2010
A middle school could not be held liable for the alleged injuries sustained by a 12-year-old seventh grader during the student's gym class. The student alleged that he was struck in the mouth by a teammate's hockey stick during a...

Public Law School Approved for U. Mass. Dartmouth

Posted on February 17, 2010
The New York Law Journal reported that U. of Mass at Dartmouth will be opening up a public law school. The school has accepted Southern New England School of Law's offer to give the public university system its building and...

Employer's policy of requiring employees to obtain approval before placing matterial on bulletin boards violated NLRA.

Posted on February 17, 2010
Loparex v. NLRB,____F.3d____(7th Cir. Dec. 31, 2009), is an interesting decision. The 7th held that substantial evidence supported a determination by the National Labor Relations Board that the employer's policy of requiring its employees to obtain approval before placing material...

Rabinical Court Decisions And Binding Artbitration

Posted on February 16, 2010
Labor and commercial arbitration is not the only type of arbitration. There are actually rabbinical arbitrations. I bringShimon v. Silberman ___ Misc. 3d____(Kings Co. Dec. 21, 2009)(registration required) as an illustrative example. In this case, the court held that a...

AFL-CIO Still Pulling For Becker

Posted on February 16, 2010
The Feb. 12, 2010 Washington Post reported that AFL-CIO President Richard Trumka, a labor lawyer, wrote a letter to its affiliates urging them to put pressure on the White House to issue a recess appointment for Craig Becker. The article...

Do Magistrate Judges Have The Authority To Sanction Attorneys??

Posted on February 16, 2010
Diverse Views Offered on Magistrate Judges' Authority to Sanction is and interesting New York Law Journal article. It reports on one case. As the article states: Although Second Circuit Judges Dennis Jacobs, Pierre N. Leval and Jose A. Cabranes agreed...

NLRB Finds Employer Maintained An Unlawful Closed Shop

Posted on February 16, 2010
Here is a case that we do not see very often. In Carpenters, 354 NLRB No. 122 (Dec. 22, 2009), the NLRB found that a "mobility clause" in a CBA was essentially an unlawful closed shop. As the Board explained:...

In wake of Alabama faculty shooting, Bowling Green prof arrested for threatening colleagues

Posted on February 16, 2010
According to the Associated Press: Bowling Green State University in Ohio has suspended an associate professor accused of making verbal threats to colleagues. A spokesman said Monday the suspension of Bruno Ullrich took effect Jan. 22 and is not a...

In the new legal job market, attorneys find happiness by going small

Posted on February 16, 2010
A couple of stories from today's online ABA Journal suggest that the sobering job market is causing lawyers to find happiness in small packages. The first story reports that many deferred BigLaw associates who were given a portion of their...

Louisiana Sues Death Row Inmates

Posted on February 16, 2010
In an unusual twist, the Louisiana Department of Public Safety and Corrections sued all 84 prisoners on death row in the state last Friday in an effort to prevent the condemned inmates from raising an Administrative Procedures Act challenge against...

Whistleblowing SOX Case- On de novo review in district court, ALJ's ruling was not final judgment on merits for purposes of collateral estoppel.

Posted on February 15, 2010
In an employee's whistleblower retaliation claim against his employer under the Sarbanes-Oxley Act, in which the employee sought de novo review in the district court after the Secretary of Labor failed to reach a decision after 180-days, the ALJ's ruling...

Kenneth Starr to Baylor University

Posted on February 15, 2010
The Los Angeles Times reports this afternoon that Kenneth Starr, former United States Solicitor General, is leaving his post as Dean of the Pepperdine Law School to become president of Baylor University in Waco, Texas. Craig Estlinbaum

Law, Gender & Citizenship Symposium

Posted on February 15, 2010
The Wisconsin Journal of Law, Gender & Society hosts Law, Gender & Citizenship: Contemporary Issues for American Indians and American Immigrants on March 5, 2010, at Pyle Center on the University of Wisconsin-Madison School of Law campus. The symposium schedule...

Method of computing adjunct professors? compensation held a past practice

Posted on February 14, 2010
Matter of Fashion Inst. of Tech. v New York State Pub. Empl. Relations Bd., 2009 NY Slip Op 09510, Decided on December 22, 2009, Appellate Division, First Department The New York State Public Employment Relations Board affirmed the decision of...

State Employment Discrimination Law

Posted on February 14, 2010
I bring Matter of London v. SDHR, ___Misc. 3d____(N.Y. Co. Dec. 17, 2009), to remind lawyers that state law should always be considered when bringing a employment discrimination case. State law can differ from federal law and the procedures are...

Disciplinary penalty vacated because nothing in the record establishing a relation between the charges and the penalty imposed

Posted on February 14, 2010
Matter of Langler v County of Cayuga, 2009 NY Slip Op 09886, decided on December 30, 2009, Appellate Division, Fourth Department Cayuga County Sheriff's Department Lieutenant James Langer was charged and found guilty of a number disciplinary charges filed against...

Master's Degree Explosion

Posted on February 13, 2010
Ten Master's of the New Universe is an interesting Jan. 5, 2010 article from the New York Times. It highlights the fact that there has been an explosion in the amount of Master's degrees. As the article states: And then...

School Law Jobs

Posted on February 13, 2010
Job Title Employer Job Location General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los Angeles, California Special Education Attorney Lozano Smith Northern/Central California Associate...

Jury Acquits West Texas Whistle-Blower

Posted on February 13, 2010
A West Texas jury acquitted Anne Mitchell on misuse of information charges on Thursday after deliberating less that one hour . Prosecutors charged that Mitchell, while a nurse at Winkler County Memorial Hospital in Andrews, Texas, used her position to...

No private right of action against ?state actors? pursuant to 42 USC 1981, the Civil Rights Law

Posted on February 12, 2010
McGovern v Philadelphia, USCA Third Circuit, No. 08-1632 The McGovern decision holds that employees of a municipality may not sue the City of Philadelphia pursuant to 42 USC 1981 for alleged race discrimination. Paul McGovern, a Caucasian male, was employed...

Snow Law

Posted on February 12, 2010
So, who owns that parking spot you clearing? Do you have a right to come back to it at night? That is the question raised in an interesting Feb. 9, 2010 Washington Post Blog article. There is no such thing...

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