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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

Law school applications way up due to poor economy.

Posted on January 11, 2010
The New York Times reports that applications to graduate programs, particularly law schools, are way up as applicants take refuge from the brutal job market: It took longer than some experts expected, but the recession and the resulting shortage of...

Lawyer ranks 80/200 in new survey of "best jobs"

Posted on January 11, 2010
A website called CareerCast.com has compiled a list of the best, and worst, jobs according to the following criteria: Physical Demands, Work Environment, Income, Stress and Hiring Outlook. Jobs receive a score in each individual category, and when these are...

Dec. 2009 Economic Data Released. Unemployment Remains Steady at 10%

Posted on January 10, 2010
The Jan. 8, 2010 New York Times carried an article summarizing the latest economic data from Dec. 2009. I am not an economic expert, but it seems to me that things are not getting materially worse, so that's a good...

Re-thinking the value of students evals in the age of consumer education

Posted on January 10, 2010
Here's an interesting story from the Chronicle of Higher Ed about whether the supposed "consumer" mentality of students and university administrators have turned student course evals into popularity contests rather useful feedback tools. As the semester comes to an end...

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State court judge takes lawyers to task for submitting brief "dripping with sarcasm"

Posted on January 09, 2010
Via Legal Writing Prof Blog and Above the Law and the National Law Journal a Chicago state court judge castigated two Sidley Austin lawyers for submitting a brief in connection with a motion to quash a subpoena that the judge...

GINA Became Effective Nov. 21, 2009

Posted on January 08, 2010
Law Seeks to Ban Misuse of Genetic Testing is an important November 15, 2009 article from the New York Times. It is about the Genetic Information Nondiscrimination Act which became effective Nov. 21st. Reporter Steven Greenhouse describes this new law,...

Advice to law profs - don't tell the students you have a bomb.

Posted on January 07, 2010
This story, which preceded the Christmas day airline terrorist scare, has even more gravity now in light of that event. A drama instructor at the University of California at Davis was arrested [the first week of December] and jailed for...

Student In High Profile Case Can Bring His Service Dog To School

Posted on January 07, 2010
An Illinois First Grader reportedly is able to continue to bring his service dog to school. The student has autism. Special Education Law Blog has additional details about this case. Hat Tip: Special Education Law Blog Mitchell H. Rubinstein

The New York State Retirement System has the authority to investigate potential fraud or illegality concerning the receipt of public pension benefits

Posted on January 07, 2010
Matter of Hogan v Cuomo, 2009 NY Slip Op 08105, Decided on November 12, 2009, Appellate Division, Third Department John B. Hogan was receiving a retirement allowance from the New York State Employees? Retirement System based on his service as...

Crime, Punishment, and the Siamese Twin Dilemma

Posted on January 07, 2010
Have you ever wondered how the law might punish Saimese twins if one committed murder (or any other serious crime) without the other being involved? If so, you might want to read Daniel Engber's interesting and informative essay on just...

South Florida is a good place to pickup Ponzi-schemer cast-offs

Posted on January 07, 2010
If you're going to be one of the many who vacation in South Florida this winter, in addition to the beaches, golf, fishing, nightlife and other local attractions, it's a great place to pick-up a souvenir from one of the...

The Changing Makeup Of Union Members

Posted on January 06, 2010
Survey Finds Deep Shift in the Makeup of Unions is another excellent article by Steven Greenhouse dated Nov. 11, 2009. It is about the changing make up of union membership. He notes that just 11 percent of union members work...

Union Workers Called Racists By Other Workers May Proceed With Libel Suit

Posted on January 06, 2010
Kennedy v. American Airlines, 20543/2002,NYLJ Dec. 30, 2009 ___Misc. 3d___(Nassau Co. 2009), is a rare defamation case finding a cause of action in a labor dispute. Actually, this case did not involve a typical labor dispute between and employer and....

Employee?s excellent work record and prior service insufficient to mitigate imposing a penalty of termination considering the acts of the misconduct

Posted on January 06, 2010
Matter of Sindoni v County of Tioga, 2009 NY Slip Op 08126, decided on November 12, 2009, Appellate Division, Third Department Penny Sindoni, a senior typist employed by the County of Tioga was suspended and charged with misconduct and incompetence...

A year end snap-shot of the job market for law grads

Posted on January 06, 2010
Student loan debt is up and job expectations are down according to a year-end, informal snapshot of several sources. The online ABA Journal is reporting today that almost a third of all law students expect to graduate with more than...

New book title: "The College Fear Factor - How Students and Professors Misunderstand One Another"

Posted on January 06, 2010
Here's a new title I thought some of our readers might be interested in. Although the book focuses on community college students and is written for undergraduate rather than law professors, I'm assuming some adjuncts might glean some wisdom from...

NY Times Editoral ADEA Claims Get Second Class Treatment

Posted on January 05, 2010
After 40 Years, Age Discrimination Still Gets Second-Class Treatment is an interesting Nov. 6, 2009 editorial from the New York Times. The point of the editorial is that age cases are treated differently than other discrimination cases. As the article...

Senator Harkin Promises Action on ENDA

Posted on January 05, 2010
ENDA would outlaw discrimination on the basis of sexual orientation. Workforce Management reported on November 6, 2009 that Senator Harkin predicts approval of this Bill in 2010 after Health Care. As the article states: Although health care is dominating this...

Teach For America

Posted on January 05, 2010
Teach For America recruits young teachers to teach in troubled schools. A recent study indicated that many are not civic minded. A NY Times article about this is available here. I am not sure if this is of any significance....

9th Upholds 1.238 Million Dollar Damage Award In Disability Discrimination Case

Posted on January 05, 2010
I bring Anderson v. American Airlines, ____F.3d____(9th Cir. Nov. 6, 2009)(n.o.r.), to your attention for several reasons. First, the court issues an unpublished decision which upholds a jury verdict on a perceived mental disability termination case for one million dollars...

2d Holds That RN's and LPN's Are Not Supervisors Nothwithstanding 4 Year Delay

Posted on January 04, 2010
One of the most difficult issues in labor law is drawing the line between supervisors and employees with respect to professionals such as nurses. By summary order dated 12/22/09, in NLRB v. St. Mary Home, ___Fed. Appx. ____(2d Cir. Dec....

Excessive Absenteeism Disqualifies Employee From Unemployment

Posted on January 04, 2010
Employees who are discharged for misconduct are not eligible for unemployment. Excessive Absenteeism is considered disqualifying misconduct at least where the employee also did not call in. Matter of Garrett v. Commissioner of Labor, ____A.D. 3d____(3d Dept...

Attorney-Client privilege and e-mail communications

Posted on January 04, 2010
Source: Corporate Counsel e-magazine - November 11, 2009 Corporate Counsel Magazine?s ?On-line? edition reports that New York Law Journal has published an article addressing the question of claiming attorney-client privilege for e-mails transmitted to lawyers using employer-provided e-mail and computers...

5 day marathon lecture by law student establishes new Guinness World Record

Posted on January 04, 2010
Unbeknownst to most, within academia exists the secretive world of competitive marathon lecturing where a fierce battle has been waged for years. According to Inside Higher Ed: Six years ago [a] Zimbabwean student [Errol T. Muzawazi] gave a 62-and-a-half-hour lecture...

University of Hawaii Cuts Faculty Salaries

Posted on January 04, 2010
From the Associated Press: The University of Hawaii has decided to unilaterally slash faculty salaries by 6.7 percent beginning this week to cope with state budget cuts, the school announced. University President M.R.C. Greenwood on Monday said in a letter...

NYT: The Case of the Vanishing Full-Time Professor

Posted on January 04, 2010
The New York Times published Samantha Stainburn's "The Case of the Vanishing Full-Time Professor" last week. Stainburn reports that "[i]n 1960, 75 percent of college instructors were full-time tenured or tenure-track professors; today only 27 percent are...

Failure To Seek Stay of Arbitration Precludes Employer From Arguing That The Matter Is Not Arbitrable

Posted on January 03, 2010
Matter of DeMartino v. N.Y.S. Dept. of Transportation, ____A.D. 3d___(1st Dept. Nov. 10, 2009), illustrates a basic point of New York arbitration law. A party has a duty to seek a stay of arbitration if he wants to claim that...

Employer Cannot Bring Employment Discrimination Suit

Posted on January 03, 2010
A plaintiff's discrimination claims were dismissed after a federal district court in the Western District of Pennsylvania determined she was an employer, not an employee. The plaintiff, an attorney, filed suit under Title VII and the Pennsylvania Human Relations Act...

Manager failed to show hostile work environment against women of childbearing years

Posted on January 02, 2010
A female manager failed to show that her supervisor created a hostile work environment based on sex, particularly in regard to women of childbearing years, or that she was discharged in retaliation for her complaints of sex bias. According to...

Happy New Year and Happy Holidays!

Posted on January 01, 2010
Adjunct Law Prof Blog would like to take this opportunity to wish our readers a happy New Year Year. Thank you for your continued support. MItchell H. Rubinstein

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