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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

Class Actions In Arbitration

Posted on September 17, 2009
Whether To Allow Classwide Arbitration When Agreements are silent is another excellent NY Law Journal article from NYU Professor Sam Estreicher and attorney Steven Bennett dated August 12, 2009. It is about , Stolt-Nielsen S.A. v. AnimalFeeds International Corp...

Law Schools of The Future

Posted on September 17, 2009
Welcome To The Future: Law School 4.0 is an interesting American Lawyer Daily article. The author runs a collaborative web site, which has I understand it, puts lawyers together to come up with solutions to certain problems. In any event,...

Disabled Children More Likely To Be Victims Of Corporal Punishment

Posted on September 16, 2009
Believe it or not, corporal punishment is still practiced in some parts of this country. A new study just came out that has some disturbing findings. Namely, that disabled children are more likely to be victims of corporal punishment than...

Adventures of An Adjunct

Posted on September 16, 2009
The AFL-CIO ran an interesting posting about an adjunct at U. Mass., available here. The point of the story is that the Adjunct loved his job, but was underpaid and that about 70% of colleges classes are taught by adjuncts....

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Employee who was not direct target of harassment may pursue claims

Posted on September 16, 2009
Blizzard v Appliance Direct, Inc, __So.2d___(Fla.Ct.App. August 7, 2009), is an interesting Florida sexual harassment decision. The court held that an employee who alleged hostile work environment sexual harassment and retaliation could proceed to trial on her state-law claims even...

Limited use of hidden surveillance camera alleviated privacy concerns

Posted on September 15, 2009
Hernandez v Hillsides, Inc, ___P.2d___(Cal Sup. Ct. August 3, 2009) is an interesting California state supreme court decision concernig the right of privacy. Although two employees of a residential facility for neglected and abused children may have had a reasonable...

Commissioner of Education lacks jurisdiction to consider appeals involving FOIL, the Open Meetings Law and allegations of defamation

Posted on September 15, 2009
Appeal of P.S. from action of the Board of Education of the City School District of the City of Tonawanda regarding termination of employment, Commissioner of Education Decision No. 15,958, (July 29, 2009) P.S. served as clerk of the board...

Three ways to improve your teaching

Posted on September 15, 2009
This is an informative article for both experienced and new teachers courtesy of he Chronicle of Higher Ed. The advice is based on the work of two psychology professors, Debra Poole and David Daniel, who argue that to gain real...

2d Circuit Issue Major Decision Holding Employer Can Be Liable For Discriminatory Acts of Independent Contractors

Posted on September 14, 2009
We cover important decisions concerning both employee and employer status often on this blog. Normally, an employer is not responsible for acts of independent contractors. What if the independent contractor, however, is acting as an agent with direct or apparent...

Washington State Court Reportedly Holds Teacher Strike Illegal

Posted on September 14, 2009
Seattle Times, 9/3/09, By Donna Gordon Blankinship (Associated Press) reported on a teachers strike in Washington State. The article states that a state court ruled that a strike by Kent School District (KSD) teachers is illegal. Therefore, the Judge granted...

The mistreatment of adjuncts

Posted on September 14, 2009
I'd previously posted here about a poignant essay from Inside Higher Ed describing the adjunct's wish for job security in an un-secure world. The essayist, writing under the nom de plume Oronte Chum, notes in a follow-up piece that his...

As job market for law students worsens, faculty supervised externships grow

Posted on September 14, 2009
The National Law Journal is reporting that faculty supervised externships for law students, once thought to be helpful but not essential to landing a full-time job, are more popular than ever as students seek every advantage possible in the hunt...

Advice for new teachers - 5 things to know

Posted on September 14, 2009
This comes to us from the Chronicle of Higher Ed - the 5 things new teachers need to know to get off to a successful start: 1. Be humble. You might be surprised at how many new hires show up...

Don't ignore student evaluations - if used the right way, they can help your teaching

Posted on September 14, 2009
Adjuncts in particular, I imagine, must feel tremendous pressure to get good student evals since they are retained based almost entirely on their teaching (unlike full time faculty who are also evaluated on their scholarship and service activities). And while...

New study shows that law students who flunk the bar exam have tough years ahead

Posted on September 14, 2009
The Chronicle of Higher Ed is reporting on a new empirical study that shows law students who fail to pass the bar exam often face serious financial and personal problems in the years ahead until they eventually get back on...

AFL-CIO President Stepping Down

Posted on September 13, 2009
There was a very interesting article in the Sept. 8, 2009 Boston Globe about AFL-CIO President John Sweeny who is retiring after 14 years at the helm-here. His likely successor is AFL-CIO Secretary-Treasurer Richard Trumka who is from the United...

NY Times Picks Up On The Danger Of Social Media Comments-Particularly Those Done By Lawyers

Posted on September 13, 2009
Surprisingly, the NY Times recently reported on the dangers lawyers, judges and others may face by commenting on social media sites. Lawyers, of course, are subject to ethical rules. As the article states: ?When you become an officer of the...

Scholarship alert: "Overturning the Last Stone: the Final Step in Returning Precedential Status to all Opinions"

Posted on September 13, 2009
A colleague of mine at Nova Southeastern U. Law School, Professor David Cleveland, is developing expertise on the precedential value of unpublished decisions. Because this is an issue that is of interest to both practitioners and law professors (especially those,...

Immigration Put On The Back Burner

Posted on September 12, 2009
The New York Times reported on August 10, 2009 that Immigration Reform must await 2010. That article is available here. Why? Because of other concerns, including- surprise surprise healthcare reform. Interestingly, the President did not outline what his specific reforms...

Jim Levy Joins Adjunct Law Prof Blog As Contributing Editor

Posted on September 12, 2009
I am delighted to announce that Professor James Levy has joined us as a Contributing Editor. Jim is also a contributing editor at two of our sister blogs, Legal Writing Prof Blog and Law Librarian Prof Blog. Jim teaches Legal...

Social Networking Sites and Litigation

Posted on September 11, 2009
Savvy Use of Social Networking Sites is an important Sept. 8, 2009 New York Law Journal article for scholars and lawyers to be aware of. (free registration required). It discusses how attorneys can make use of this new medium in...

Students? constitutional rights were not violated by district?s decision to bar performance of religious music

Posted on September 11, 2009
Nurre v. Whitehead, __F.3d___ (9th Cir. Sept. 8, 2009), is an interesting case involving Education and Constitutional Law. The 9th held 2-1 that a Washington school district?s decision to bar the performance of a religious-themed instrumental musical piece at a...

Paying To Work! Student Internships

Posted on September 11, 2009
Unpaid Work is an interesting August 8, 2009 article from the New York Times. It outlines the fact that competition for unpaid student internships is particular keen because of the poor economy. Some parents are even paying, yes-yes paying for...

Median STARTING Pay for Law Firm Associates $130,000

Posted on September 11, 2009
The August 3, 2009, ABA Journal Blog reported that median starting salary for law firm associates is $130,000. That was before some of the larger firms decreased the $160,000 starting salary. Additional statistical salary information was described as follows: While...

Dismissed probationary teacher presents evidence sufficient to require judicial review of whether termination was made in bad faith

Posted on September 10, 2009
Lisa Capece f/k/a Lisa Grande v Schultz, 2009 NY Slip Op 51679(U), Decided on August 3, 2009, Supreme Court, Richmond County, Judge Philip G. Minardo, [Not selected for publication in the Official Reports.] Lisa Capece was terminated from her position...

9th Holds Collective Refusal To Work OT Violated NLRA

Posted on September 10, 2009
SEIU v. NLRB, ____F.3d___(9th Cir. 2009) is an important decision to be aware of. The 9th held that a collective refusal to work overtime absent 10-day notice violated NLRA despite collective bargaining agreement. A union's actions in orchestrating union members'...

Are even further BigLaw pay cuts on the horizon?

Posted on September 10, 2009
According to the online ABA Journal, one law firm consultant says that although many BigLaw firms have already cut starting pay from $160k to $145k, that doesn't go far enough. On the blog Cotterman on Compensation, consultant Jim Cotterman says...

The self-fulfilling prophecy of tuition increases and the cost to our students

Posted on September 10, 2009
A pair of interesting, and eye-opening articles, describe the phenomenon of tuition increases that outstrip inflation and the impact this is having on our students. In the first article from the Wall Street Journal entitled "Student Borrow More Than Ever...

National Law Journal says law schools need to get more serious about teaching skills

Posted on September 10, 2009
The title of the article says it all: "Reality's Knocking: Recession Forces Law Schools to Bow to Reality." The movement to incorporate practical skills into legal education isn't new, but legal educators and researchers report that the floundering economy is...

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