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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

7thCir: Informal complaint is protected activity under ADA

Posted on August 23, 2009
An informal complaint may constitute protected activity for purposes of retaliation claims under the ADA, the Seventh Circuit held, reversing summary judgment to a municipal employer on an employee?s claim that she was fired in retaliation for her complaint of...

EEOC?s claims of racial and sexual harassment must go to trial

Posted on August 22, 2009
A federal district court erred in granting summary judgment to an employer on a former employee?s claim that she was subjected to a hostile work environment via "a steady stream of racial and gender epithets" directed at her by four...

100% Healed Policy

Posted on August 22, 2009
Can a company insist that employees only come back to work if they are100% healed?? That issue is currently being litigated in the 3rd Circuit. A district court improperly certified a nationwide class of UPS employees alleging pattern-or-practice discrimination under...

Fordham Law School Bans Reed Smith From On Campus Interviews For 5 Years

Posted on August 21, 2009
Here is a new one. A Law School bars a major law firm from recruiting on campus. Think that is unusual-particularly in these tough times-well it is and that is exactly what Fordham did. A National Law Journal story about...

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Future Jobs/Careers

Posted on August 21, 2009
The BLS publishes a whole list of statistical material which may be of interest to researchers. One of the more valuable publications for the general public is the Occupational Handbook which forecasts future job needs. It can be downloaded for...

Pr. George's Furlough Plan Violated Contract Clause By Impairing Collective Bargaining Agreement

Posted on August 21, 2009
In Fraternal Order of Police v. Prince George's County, No. AW--08-2455 (S.D. Maryland August 18, 2009), Judge Alexander Williams in a 45 page well written decision held that and Employee Furlough Program (EFP) violated the Contract Clause of the U.S...

Bad Weather Results In NLRB Sustaining Election Objections

Posted on August 21, 2009
Goffstown Truck, 354 NLRB No.49 (July 21, 2009), is an important case. The Board overturned an election and sustained the employer's election objections because a representative complement of workers could not vote due to bad weather. As the Board stated:...

Interesting Law Firm Employment Blogs

Posted on August 20, 2009
There are several law firm employment law blogs that are worth bookmarking. Littler Mendelson is publishes Wage & Hour Counsel, which tracks wage and hour legal developments, including court decisions, administrative agency opinions, and new or revised requirements or regulations...

Developments Under IRCA and Immigration Law

Posted on August 20, 2009
The New York Law Journal ran an interesting July 27, 2009 article entitled Immigration Law (registration required). Michael D. Patrick, a partner at Fragomen, Del Rey, Bernsen & Loewy, writes that recent events, such as the issuance of audit and...

Google Order To Disclose Name Of Anonymous Blogger In High Profile Fashion Model Case

Posted on August 20, 2009
Liskula Cohen v. Google, Index No. 100012/09 (N.Y. Co. August 17, 2009)(Madden, J., J.S.C.), Download Cohen_doc is an important decision which has obtained a lot of media coverage, including coverage by Good Morning America on August 19, 2009 where I...

Vault 2010 Law Firm Rankings

Posted on August 20, 2009
U.S. News and World Reports does it, so why can't associates rank law firms? They at least have first hand knowledge. Yes, it is that time of year again. The 2010 Vault rating of law firms by associates is out....

New Jersey case illustrates woeful lack of academic freedom rights for adjuncts

Posted on August 20, 2009
First, let me say thank you to Professor Rubinstein for allowing me to contribute to this great blog. My intent is to report stories that I think will be of particular interest to adjuncts with a specific focus on those...

Advice to help junior associates avoid mistakes

Posted on August 20, 2009
Since some of our readers undoubtedly enjoying giving students advice about how to succeed in their first law jobs and beyond (or perhaps you're looking for advice on how to make your own associates more productive), Accordingly, I thought you...

Boston court to decide if prisoner has constitutional right to electrolysis

Posted on August 20, 2009
The Boston Herald is reporting the case of a male transgendered inmate who filed a lawsuit before Judge Mark L. Wolf of the United States District Court in Boston seeking an order compelling Massachusetts prison officials to provide him with...

Unemployment Gives Collateral Estoppel To Civil Service Finding That Employee Committed Misconduct

Posted on August 19, 2009
Matter of Davis,___A.D. 3d___(3d Dep't. July 23, 2009), is an important unemployment decision. The court gives collateral estoppel to a factual determination that an employee committed misconduct. However, the court does go on to determine whether or not those facts...

NY Legislatures And Double Dipping

Posted on August 19, 2009
A disturbing August 17, 2009 New York Times article highlights the practice of some New York Legislatures who retire on day one and start work on the same job on day two. Hence, they are double dippers. The article does...

Age discrimination lawsuit dismissed after applicant failed to show employer?s reason for rejection were pretext to mask acts of unlawful discrimination

Posted on August 19, 2009
Saia v Suffolk County Community Coll., 2009 NY Slip Op 05851, decided on July 14, 2009, Appellate Division, Second Department Robert Saia sued the Suffolk County Community College in an attempt to obtain damages. Saia alleged that the College had...

Free PACER

Posted on August 19, 2009
As federal litigators are all aware, the court system is now just about all online. PACER, as it is known, is not free. It costs 8 cents a page to print. The amount is certainly reasonable, but the charges can...

NYLJ Article On WARN Act

Posted on August 18, 2009
The Warn Act and Distressed Companies is an interesting July 27, 2009 New York Law Journal article. (free with registration).Robert N. Holtzman, a partner at Kramer Levin Naftalis & Frankel, writes: "Distressed companies and their large investors are increasingly targeted...

LatCrit/SALT New Faculty Development Workshop, hosted by American University Washington College of Law Oct. 1-4,

Posted on August 18, 2009
A description of this conference is as follows: LatCrit/SALT Junior Faculty Development Workshop (FDW) The Annual LatCrit-SALT Faculty Development Workshop (FDW) is a new, one-day event conducted in association with the Society of American Law Teachers (SALT) to support progressive...

Do Employees Have The Right To Refuse To Answer Investigatory Questions From A Public Employer That May Implicate Criminal Charges??

Posted on August 18, 2009
New York Public Personnel Law Blog ran an excellent summary of the law in New York concerning whether a public employee can refuse to answer questions that may implicate criminal activity and if he does answer those questions, will it...

Employer rep at unemployment hearing was not practicing law

Posted on August 18, 2009
(Grafner v IDES, IllCtApp, (August 14, 2009), is an important state appellate case. An employee and a nonattorney representative (an outside provider of unemployment-related services to employers) did not engage in the unauthorized practice of law by appearing on an...

Should Michael Vick Been Rehired By The Eagles??

Posted on August 17, 2009
Adjunct Law Prof Blog reported on Vick's arrested and reproduced a copy of the criminal indictment, available here. Now he is out of prison after serving time for unspeakable crimes inflicted upon defenseless dogs. The Eagles rehired him. This gives....

Interest Arbitration Could Not Be Mandated By Interest Arbitrator

Posted on August 17, 2009
Boston Globe Union Looses Dispute Over Arbitration is an interesting August 14, 2009 National Law Journal. Unfortunately, though the article raises an important issue, it does not adequately explain the legal issues. I think it about an interest arbitration decision...

Article On Internal Discrimination Complaints After Crawford

Posted on August 17, 2009
The impact of Crawford is a New York Law Journal article (registration free) about the Supreme Court decision in Crawford v. Metro Gov't of Nashville. The article states that despite Crawford, employers must continue to conduct internal investigations because aside...

Insubordination Disqualifies Employee From Unemployment

Posted on August 17, 2009
As readers of this blog know, in most states if an employee commits misconduct, she is not eligible for unemployment. What constitutes misconduct is often litigated. If the employee denies the facts, then an administrative law judge will make a...

Help Is On the way with Student Loan Repayments

Posted on August 16, 2009
Help is nigh on the student loan front is an important June 22, 2009 National Law Journal article. It is about recent legislation that has eased student loan repayments for certain individuals. As the article states: The legislation ? called...

Social Networking, Blogging And Employment Law Article

Posted on August 16, 2009
Gregory I. Rasin, a partner at Proskauer Rose, and Ariane R. Buglione, an associate at the firm, write that individuals are increasingly using blogs and social networking sites in both their private and work lives, making it imperative that employers...

The Importance of Community Colleges To Workers

Posted on August 15, 2009
On This Campus, The Focus Is Jobs is another excellent New York Times article by Steven Greenhouse dated August 14, 2009. It is about the importance of community colleges to union workers who may have been laid off. Community colleges...

Sanctions For Canceling Deposition

Posted on August 15, 2009
Blackberry's Speed Can't Outpace Sanctions is an excellent July 21, 2009 article from the New York Law Journal. It is about FRCP 30(g) which it describes as the no fault of divorce of sanctions rule and highlights a case where...

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