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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

AALS Newsletter on Employment Discrimination

Posted on December 10, 2009
As some readers may know, each AALS Section publishes newsletter. The Employment Discrimination Newsletter summarizes recent case law and scholarship. It is worth a read and available here Download Newsletter2009_FINAL Mitchell H. Rubinstein

Solis Pushes Agenda to Bolster

Posted on December 10, 2009
Solis Pushes Agenda to Bolster Labor is an interesting Dec. 8, 2009 Wall Street Journal article which quotes my college buddy Deputy Secretary of Labor Seth Harris. It is about how the U.S. Department of Labor plans to enact new...

Triable issues of fact in internal investigation reprisal case remanded by Supreme Court

Posted on December 10, 2009
Crawford v Metropolitan Gov of Nashville/Davidson County, Tenn, (E.D. Tenn. October 15, 2009), was decided on remand from the Supremes. The court held that a payroll coordinator raised triable issues as to whether her county employer discharged her in retaliation...

ROTC Programs At Ivy League Colleges

Posted on December 10, 2009
Since the anti-war protests of the 1960's ROTC programs have been banned at some of this nations most well known institutions. This may be changing, however, Details are in this NY Times article, here. Mitchell H. Rubinstein

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Supremes Decide Major RLA Arbitration Case

Posted on December 09, 2009
Union Pacific v. Brotherhood of Locomotive Engineers, 558 U.S. ___(Dec. 8, 2009), is an important RLitA case. It concerns the jurisdiction of the National Railroad Adjustment Board (or NRAB) which adjudicates grievances which are known in the railroad industry as...

2010 Princeton Review Law School Rankings

Posted on December 09, 2009
Princeton Review's 2010 Law School Rankings were released on December 2, 2009. The "winners" in each of the 11 categories are: Best Career Prospects -- Northwestern University School of Law Best Classroom Experience -- University of Texas at Austin School...

School Takes a Back Seat in Tuscaloosa

Posted on December 09, 2009
Adam Jones, Tuscaloosa News, reports that University of Alabama administrators have delayed the Tuscaloosa, Alabama's spring semester start date from January 6 to January 11 due to Alabama's participation in the BCS championship football game in Pasadena, California on January...

Khalid Shaikh Mohammed's lawyer

Posted on December 09, 2009
For 9/11 Cases, Calling on a Short List of Lawyers is an interesting December 7, 2009 New York Times article. It questions who Khalid Shikh Mohammed's lawyer might be. It discusses and describes some New York lawyers who are on...

Continuing violations doctrine could not save employee's sex harassment claim

Posted on December 08, 2009
Stewart v Mississippi Trans Comm'n, ___F.3d___(5th Cir. October 21, 2009), is an interesting case. The 5th held that a female employee who alleged she was sexually harassed by her male supervisor, the same supervisor she was reassigned away from by...

Number of NLRB "R" Cases Drops

Posted on December 08, 2009
Workplace Prof Blog reported on December 4, 2009 that the number of NLRB R cases declined by 14.4%. R cases are representation petitions. Most cases involve petitions by unions seeking certification and an election. Query whether the decline is due...

Non-disabled teacher had stand standing to sue for retaliation under disability laws

Posted on December 08, 2009
Barker v Riverside County Office of Educ, ___F.3d____(9th Cir. October 23, 2009), is an interesting case. Reviving her claims, the Ninth Circuit held that a non-disabled teacher had standing under Title II of the ADA and Section 504 of the...

Sexually Explicit E-Mails Admissible In Sexual Harassment Case

Posted on December 08, 2009
Seybert v International Group, Inc, ___F.Supp.2d____(E.D. Pa.October 15, 2009), is an interesting case. Plaintiff, a female employee who alleged she was subjected to sexual harassment by her male supervisor was unable to exclude certain sexually explicit email exchanges found on...

Changes to GRE in Store

Posted on December 07, 2009
The December 5, 2009 New York Times, here, reported that changes are coming to the GRE. It is going to be longer and the grading scale will change as well. The article describes some of the changes as follows: Although...

Contract non-renewal was an adverse employment action under the ADEA, Title VII

Posted on December 07, 2009
Leibowitz v Cornell Univ, ___F.3d___(2d Cir. October 23, 2009), is a lengthly ADEA case involving a discrimination action filed by Peggy Leibowitz against the ILR School at Cornell. In a nutshell, the 2d held that the non-renewal of a female...

Hospital plan paying nurses working 12-hour shifts lower hourly rate than those working 8-hour shifts did not violate FLSA.

Posted on December 07, 2009
PARTH V POMONA VALLEY, ___F.3d___(9th Cir. Oct. 22, 2009), is an interesting case.As matter of first impression, the Ninth Circuit held that a pay plan instituted by a hospital subject to the FLSA, which paid nurses working 12-hour shifts a...

District?s policy prohibiting the performance of religious music at school events is constitutional

Posted on December 07, 2009
Stratechuk v. Board of Educ. South Orange-Maplewood Sch. Dist., ___F.3d___ (3d Cir. Nov. 24, 2009), is an interesting case. The Third Circuit held that a Pennsylvania school district?s interpretation of its ?Religion in the Schools? policy as prohibiting the performing...

Stamps and Judges

Posted on December 06, 2009
I do not recall seeing judges on stamps. However, it is coming to a post office near you according to an article in the December 2009 ABA Journal. The article is very short and does not explain who picked the...

US News To Add Peer Assessment To PT Rankings

Posted on December 05, 2009
The ABA Journal reported that U.S. News will add peer review rankings to part time JD programs. As the states: For the next edition of its annual law school rankings, U.S. News & World Report will ask deans to rate...

Pontiac School Dist. v. Secy. of

Posted on December 05, 2009
Pontiac School Dist. v. Secy. of Education, ___F.3d____(6th Cir. Oct. 16, 2009)(en banc) is an important Education Law decision which spans 93 pages. Dismissal of an school districts and education associations' action against the Secretary of the United States Department...

Mandatory Gym Class For Obese College Students

Posted on December 04, 2009
The ABA Journal Blog is following up on an article from the Chronicle of Higher Education whcih reported that Lincoln University in Pennsylvania requires sudents with a body mass index of over 30 to take a one-credit gym class to...

Pension reform bill adopted by the NYS State's Legislature

Posted on December 04, 2009
S66026 RULES;* Same as A40026, Assembly Rules The State Legislature passed the Governor?s Program Bill #213 creating a new Tier V plan. Key components of Tier V include: 1. Raising the minimum age at which most civilians can retire without...

Dogs In Court

Posted on December 04, 2009
Going to the Dogs-in a Good Way is an interesting December 2009 ABA Journal article that all dog lovers must read. It is about the practice of about 13 states to allow dogs in court rooms. Why? To calm down...

NLRB Reviews Criteria For Self-Determination Elections

Posted on December 04, 2009
In Unisys Corp., 354 NLRB No. 92 (Oct. 20, 2009), the NLRB held that a self determination election was appropriate to see if a single unrepresented employee should be added to an existing unit. The Board summarized the applicable criteria...

Berkeley and Georgetown Law Announce Student Loan Forgiveness Program

Posted on December 03, 2009
Karen Sloan (National Law Journal) reported last weekend that law schools at UC-Berkely and Georgetown are offering to forgive law school debts for graduates who commit to work in public interest law for at least 10 years. Sloan reports that...

Careers In Education Law

Posted on December 03, 2009
The National School Board Association has an excellent web site, as well as a brochure, here,where they describe careers in school law. That web site is available here. The web site summarizes potential school law or what I prefer to...

Univ. of Calif. at Hastings Law School Tuition To Top $50,000

Posted on December 03, 2009
Hastings, is of course, one of the country's finest law schools. Next year tuition will rise to above $50,000 for non-residents. Residents will pay $36,000 and some change. Hastings is a public law school. This is just too crazy. Stanford's...

Losing Protection Under The NLRA

Posted on December 03, 2009
Starbucks d/b/a Starbucks Coffee Company and Local 660,Industrial Workers of the World, 354 NLRB No. 99 (Oct. 30, 2009), is an interesting decision to be aware of. It provides an analysis with respect to the circumstances under which an individual...

Blogging As Legal Scholarship

Posted on December 03, 2009
Is blogging legal scholarship? That is the 64,000 question raised by several scholars. Orin Kerr of The Volokh Conspiracy as well as Doug Berman, Steve Bainbridge, Ann Althouse recently blogged about this. Readers may be surprised at my take on...

Does Social Networking Increase The Chances of Litigation In Employment If You "Friend" Your Boss??

Posted on December 02, 2009
Lawyers warn: Bosses who "friend are begging to be sued is an interesting Oct. 22, 2009 National Law Journal article. The premise of the article is that if employers socialize with employees via social networking sites, they may be sued...

Fort Worth and Tampa Local Laws Recently Passed Which Outlaw Transgender Discrimination

Posted on December 02, 2009
Workplace Prof Blog reported on December 1, 2009 that both the City of Tampa and the City of Fort Worth recently passed municipal local laws which would outlaw transgender discrimination. However, the posting continues by stating that "perhaps the passage...

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