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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

Yamada on Workplace Bullying in Healthcare

Posted on December 18, 2009
Professor David Yamada (Suffolk) recently started a series of posts, on his blog Minding the Workplace, about workplace bullying in healthcare. The Joint Commission, an independent, non-profit organization that accredits health care organizations and programs, has issued two standards on...

An unemployed law grad's "Christmas Carol"

Posted on December 18, 2009
Here's a very clever, if cynical, video series that's been making the legal blogosphere rounds. It's a law school adaptation of Charles Dickens' Christmas Carol with a student playing the role of Ebenezer Scrooge. This 1L student is visited by...

Judge Sanctions Firm That Sued Adversary in Sex Discrimination Su

Posted on December 17, 2009
A well known NYC large law firm was sanctioned. The decision is Abrams v. Pecile, 110329/09. A law.com article about this New York lower court decision is available here. Mitchell H. Rubinstein

AALS Annual Newsletter Labor and Employment Law

Posted on December 17, 2009
The AALS Annual Newsletter for Labor and Employment Law has been released. 2010 AALS Section on Labor Relations and Employment Law Annual Newsletter. It provides a summary of the recent important articles and books. Unfortunately, it does not include a...

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Life Without Parole For Juveniles Who Did Not Commit Murder-Supreme Court Preview

Posted on December 17, 2009
New York Times reporter Adam Litvak previews a U.S. Supreme Court case concerning violate juveniles who were sentenced to life without the possibility of parole even though they did not kill. There are apparently less than 100 such prisioners world...

The Growth of State and Local Laws Prohibiting Family Responsibilities Discrimination

Posted on December 17, 2009
A new report has been issued about the growth of state and local laws prohibiting Family Responsibilities Discrimination. The full report is available here. The report states: At least 63 local governments in 22 states?including some of the nation?s major...

Article suggests matching teaching style to students' learning style does no good

Posted on December 17, 2009
The Chronicle of Higher Ed. reported yesterday on new research suggesting that matching one's teaching style to students' learning style doesn't help them learn better. Most, if not all of us who teach, have been told about the importance of...

Vampire pleads guilty to threatening to torture and kill judge

Posted on December 17, 2009
Things just got even tougher for the over-worked and underpaid state judiciary. According to the Associated Press, a 45 year old self-described Vampire named Rocky Flash (aka Jonathon Sharkey) recently pleaded guilty and was sentenced to jail for threatening to...

Board reduces punishment for students who created racist symbols after parents appeal

Posted on December 16, 2009
The parents of three High School students facing year-long expulsions for creating racist symbols in the parking lot of an elementary school successfully appealed the recommendation of school district officials that they be given year-long expulsions...

Is Law School Worth It??

Posted on December 16, 2009
Going To Law School Proceed With Caution is an interesting December 14, 2009 National Law Journal article. The article questions whether law school is worth it? Why? Because of the time commitment, the expense, the difficulty in finding a job,...

Preparing For Oral Argument

Posted on December 16, 2009
Legal Writing Prof Blog ran an interesting Nov. 5, 2009 story which cited to an article from the Chicago Tribune about a 4th year associate preparing for argument in the U.S. Supreme Court. You heard it right, 4th year associate....

IDEA?s two-year statute of limitations also applies to claim brought under � 504 of the Rehabilitation Act

Posted on December 16, 2009
P.P. v. West Chester Area Sch. Dist., ___F.3d___ (3d Cir. Nov. 2, 2009), is an interesting case. The 3rd Circuit has ruled the Individuals with Disabilities Education Act?s (IDEA) two-year statute of limitations, effective as of July 1, 2005, also...

Tough economic times mobilize adjunct and contigent profs.

Posted on December 16, 2009
We've previously blogged (here, here and here) about several stories from around the country reporting on increasing efforts among (non-law school) adjuncts and other contingent faculty to organize, unionize and otherwise lobby for better job security and working conditions...

Supremes Grant Cert In Major Employee Privacy Case

Posted on December 15, 2009
Workplace Prof Blog reported that the Supremes granted cert in Quon v. Arch Wireless, ___F.3d___(9th Cir. 2009). The 9th held that employees have a reasonable expectation of privacy in text messages. The questions presented are as follows: 1. Whether a...

Income replaces race as key criteria for busing students in some school districts

Posted on December 15, 2009
In an effort to improve schools with large low-income and minority student populations a growing number of school districts are utilizing socioeconomic status to integrate schools, reports USA Today. More than 60 school systems now use socioeconomic status as a...

District not constitutionally required to provide suspended student with alternative education program

Posted on December 15, 2009
King v. Beaufort County Bd. of Educ., No. 08-1038 (N.C. App. Oct. 20, 2009), is an interesting Education Law case.The North Carolina Court of Appeals, in a 2-1 split, has ruled that the state constitution does not require a school...

Adverse changes in the employees? working environment following their involvement in a protected activity deemed a ?constructive discharged?

Posted on December 15, 2009
Albunio v City of New York, 2009 NY Slip Op 07928, Decided on November 5, 2009, Appellate Division, First Department Following a jury trial, New York State Supreme Court, Judge Martin Shulman awarded Robert Sorrenti $491,706 plus attorney's fees in...

2d Upholds Breathalyzer Tests for Police Officers Who Cause Injury Utilizing Their Weapon

Posted on December 14, 2009
Lynch v. City of New York, ___F.3d___(2d Cir. Dec. 11, 2009), is an important decision, Download 08-5250-cv_opn Plaintiffs,were union representatives of police officers employed by the New York City Police Department (?NYPD?), who challenge the constitutionality of an NYPD policy...

Washington Supreme Court Recognizes That It Is Difficult To Vacate An Arbitrator's Decision On Public Policy Grounds

Posted on December 14, 2009
Kitsap County Deputy Sheriff's Guild v Kitsap County, ___N.W. 2d____(Washington October 29, 2009), is an interesting case. An arbitrator's ruling that the discharge of a county deputy sheriff was not the appropriate penalty for 29 documented incidents of misconduct was...

Judges and Facebook

Posted on December 14, 2009
What if a judge "friends" a lawyer on Facebook? Can that person appear before him or her?? No, according to a recent Florida Ethics opinion, A Dec. 10, 2009 NY Times article about this Ethics Opinion is available here. As...

Pregnant employee ineligible for additional leave, discharge not pretextual

Posted on December 14, 2009
Greenlee v J.B. Hunt Transport Services, Inc, ___So. Ed. 2d___(Arkansas October 22, 2009), is an interesting Arkansas state supreme court decision. Plaintiff, who had been on the job less than six months, and who had already been given thirty days...

9th holds state's practice of disapproving insurance policies containing "discretionary clauses" not preempted by ERISA

Posted on December 13, 2009
Standard Insurance Co v Morrison, ___F.3d___(9th Cir. October 27, 2009), is an interesting ERISA preemption decision. Many employers have insurance policies which provide discretion to administrators in interpreting those policies. This is because under Firestone and Met Life, if litigation...

Sworn Statement For Disablity Benefits Estopps Police Officer From Pursuing An ADA Claim

Posted on December 13, 2009
Butler v Village of Round Lake Police Dep't,___F.3d___(7th Cir. October 27, 2009), is an important decision to be aware of. The court held that a police sergeant with an incurable lung condition was judicially estopped from asserting that he could...

$300,000 For Mental Anguish Under NY Employment Disco Law

Posted on December 12, 2009
I bring Hartley Catering v. NYSDHR,___A.D.3d___(2d Dep't. Oct. 27, 2009), to remind lawyers not to forget state law. It may provide some pleasant surprises. Unfortunately, the decision is a bit brief so we do not know much in the way...

Teachers Not Eligible For Unemployment During Summers

Posted on December 12, 2009
Matter of Lincoln v. Commissioner of Labor,___A.D.3d___(3d Dep't Oct. 27, 2009), illustrates an important principle. Teachers are not normally entitled unemployment during the summer. The operative word is normally. As the court states: A professional employed by an educational institution...

College and The Financial Mess

Posted on December 11, 2009
At Public Universities Less Is More is an interesting Oct. 26, 2009 article from the NY Times. It is about colleges having to do more with less because of the economy. Interestingly, applications are up at public universities-but tuition is...

Education Law Jobs

Posted on December 11, 2009
School Law Jobs 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...

GINA Requires Employers to Post Notice, Review Policies and Procedures

Posted on December 11, 2009
GINA became effective November 21, 2009. It bans discrimination on the basis of genetic information and requires employers to post a notice informing employees of their rights under this statute. A nice summary of the statute is provided by the...

Most State Judges Face Mandatory Retirement Rules

Posted on December 11, 2009
Most State Judges in U.S. Must Retire At 70 is an interesting Oct. 24, 2009 AP article. Judges are exempt from the ADEA. As the article states: Washington state is among the majority of states that require state judges to...

Another New Law School Belmont University

Posted on December 10, 2009
Belmont University's College of Law is expected to be the first new law school in Middle Tennessee in nearly 100 years.Classes are scheduled to begin in the fall of 2011.This school hopes to obtain ABA accreditation. Their web site provides:...

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