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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

NY Gov. Establishes Task Force On Retiree Health Benefits

Posted on March 26, 2009
xecutive Order 7.15 Governor David A. Paterson issued an Executive Order, Executive Order 7.15,* establishing the New York State Task Force on Public Retiree Health Benefits. The Task Force will study health care benefits provided to employees of the State...

Smith, Hodges, Stabile and Gely Principals of Employment Law

Posted on March 26, 2009
Four giants in the labor bar, professors Peggie Smith, Ann Hodges, Susan Stabile and Rafael Gely just published a needed book for Wests Concise Hornbook Series entitled Principles of Employment Law. The book is concise and that is one of...

Senator Spector Drops A Bombshell. He Does Not Support The Employee Free Choice Act

Posted on March 25, 2009
On March 24, 2009, Senator Spector formerly announced that he does not support the Employee Free Choice Act. His press release and a video of his statement is available here. Specifically, he does not support the elimination of elections or...

No Right To Discovery Under Taylor Law With Respect To Disciplinary Hearings

Posted on March 25, 2009
Matter of Pfau v. Public Employment Relations Board, ___Misc. 3d___(Albany Co. Feb. 19, 2009), is an important decision (registration required). The union sought discovery in connection with a disciplinary hearing. The court held that the union was not entitled to...

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Adjunct Abuse

Posted on March 25, 2009
Inside Higher Education ran an interesting story dated March 24, 2009 entitled Adjunct Solidarity. Its about a school in Utah that presumably is having economic difficulty because of the economy. The school, is not a small school. Its Weber State...

Delphi may eliminate retiree health benefits

Posted on March 24, 2009
In re Delphi Corp,___ Bank. Rep. ___ (S.D.N.Y.March 10, 2009) is an interesting case. A bankruptcy judge held that Delphi Corp may eliminate retiree health care benefits. Section 1114 of the Bankruptcy Code, which provides that a debtor in possession...

Alternative To EFCA

Posted on March 24, 2009
The March 22, 2009 Washington Post ran a story entitled Executives Detail Labor Bill Compromise which is about 3 corporations which are proposing an amendment to EFCA-namely the elimination of the card check and interest arbitration provisions, but they are...

Court properly rejected after-acquired evidence of alleged misconduct

Posted on March 24, 2009
Perkins v Silver Mountain Sports Club and Spa, ___F.3d___(10th Cir. February 25, 2009), is an interesting decision. The 10th held that the lower court did not commit plain error in refusing to admit an employer's after-acquired evidence that an employee...

Employee showed harassment based on association with black coworkers

Posted on March 24, 2009
Barrett v Whirlpool Corp, ___F.3d___(6th Cir. February 23, 2009), is an interesting decision. The plaintiff, a Caucasian employee was able to show that she was the victim of direct harassment resulting from her associations with black employees. The plaintiff presented...

Important Article-Obama?s Big Deal; The 2009 Federal Stimulus; Labor And Employment Law At The Crossroads.

Posted on March 24, 2009
I am delighted to announce the publication of my latest article: Obama?s Big Deal; The 2009 Federal Stimulus; Labor And Employment Law At The Crossroads, 33 Rutgers Law Rec. 1 (2009)(available here). It is the lead article in a symposium...

South Texas College of Law Announces New President and Dean

Posted on March 24, 2009
South Texas College of Law has named Donald J. Guter to be its new president and dean. Guter is currently on the faculty of Duquesne University School of Law in Pittsburgh where he was dean from 2005 to 2008. The...

Is Legal Scholarship Dead?

Posted on March 24, 2009
Is legal scholarship dead? To find out, see the most recent Georgetown Law Review, which includes Pierre Schlag's (Colorado) essay on point accompanied by response from five leading scholars. Dan Filler (Drexel) offers additional commentary on the exchange at The...

Dictionary Definition of Marriage Has Changed!

Posted on March 23, 2009
As we all know, there is a revolution going on in the law with respect to the recognition of gay marriages. Therefore, it is not surprising that the dictionary definition of marriage has now been changed-at least according to Merriam-Webster....

Should Lawyers Unionize?

Posted on March 23, 2009
The ABA Journal Blog ran a very interesting story entitled "Should Layers Form Their Own Unions" on March 11 ,2009. They cite to my article entitled Attorney Labor Unions. (though they incorrectly cite to Law Memo Blog which republished my...

The 2009 National Policy Forum: New Frontiers in Labor and Employment Policy: Ensuring Good Jobs, Fair Treatment, and High Performance in a Turbulent Economy

Posted on March 23, 2009
The 2009 National Policy Forum: New Frontiers in Labor and Employment Policy: Ensuring Good Jobs, Fair Treatment, and High Performance in a Turbulent Economy will be held June 11-12, 2009, Washington, D.C. at the Cafritz Conference Center, George Washington University...

Preview Of Gross Supreme Court Case Concerning Mixed Motive Terminations Under ADEA

Posted on March 22, 2009
A Test Case For Age Bias Claims is an interesting March 16, 2009 National Law Journal article which outlines the issues the Supreme Court will face in Gross v. FBL Financial, No. 08-441. As the article explains, what is at...

Individual Owns Orginal Copy Of Declaration Of Independence

Posted on March 22, 2009
Virginia Man Beats Maine In Declaration of Independence Smackdown is a very interesting Feb. 27, 2009 story from Wall Street Journal Law Blog. Its about an individual who bought this rare copy from a London book dealer in 2001 for...

DLA Piper to Cut Most Partners' Pay

Posted on March 22, 2009
Here is a new one. Partners at a major firm are actually going to cut their own pay that is according to a law.com article entitled DLA Piper to Cut Most Partners Pay. As the article states: DLA Piper informed...

Law Professor Jury Foreman Inappropriately Explained Legal Concepts To Jury

Posted on March 21, 2009
Law Prof's Article on His Jury Experience is an interesting March 19, 2009 ABA Journal Blog story. A Seton Hall Law School Professor wrote about his experience as a jury Foreman for the N.J. Law Journal. That is of course...

31st Annual Kenneth M. Piper Lecture at Chicago-Kent College of Law, featuring Richard Freeman

Posted on March 21, 2009
The 31st Annual Kenneth M. Piper Lecture will take place on Tuesday, March 24 at 11:30 a.m. Central time at Chicago-Kent College of Law. Professor Richard Freeman, Herbert Ascherman Professor of Economics at Harvard University will speak on, ?Return of...

DOL Issues Model COBRA Notices Under Federal Stimulus Legislation

Posted on March 20, 2009
The DOL issued model COBRA notices and instructions on its web site. This should be very helpful to both employers and employees. There are 4 sets of model notices which are as follows: General Notice (Full version) Plans subject to...

NLRB Issues Affirmative Bargaining Order As Remedy

Posted on March 20, 2009
Spectrum Health-Kent, 353 NLRB No. 99 (Feb. 26, 2009), is a recent decision where the NLRB issued an affirmative bargaining order due to employer unfair labor practices. The Board summarized the applicable standards for a bargaining order as follows: In...

Employer Commits ULP By Unilaterally Requiring Employees To Have Drivers License

Posted on March 20, 2009
Cardi Corp., 353 NLRB No. 97 (Feb. 25, 2009), illustrates a basic principal of labor law. An employer cannot unilaterally make a change in an employees terms and conditions of a unit employees employment without first bargaining in good faith...

EEOC Proposes GINA Regulations

Posted on March 20, 2009
On February 25, 2009, the EEOC issued proposed regulations under the Genetic Information and Nondiscrimination Act of 2008 ("GINA"). GINA, which became law in May 2008, seeks to protect individuals from discrimination based on genetic information in insurance and employment...

SDNY dismisses Cintas corporate campaign RICO suit against union

Posted on March 19, 2009
Cintas Corp v UNITE HERE,___F.Supp.2d___(S.D.N.Y. March 9, 2009), is an important case. The court held that UNITE HERE did not violate RICO by carrying out a corporate campaign against Cintas. Therefore, the court dismissed RICO and Lanham Act complaints against...

5th holds mailbox rule did not apply absent evidence that right-to-sue letter was mailed

Posted on March 19, 2009
Duron v Albertson's LLC,___F.3d___(5th Cir. February 17, 2009), is an interesting decision that you do not see very often. Plaintiff, a discharged employee produced enough evidence to overcome the presumption that she received an EEOC right-to-sue letter establishing that her...

Group of Law Profs and Others Propose Term Limits For The Supreme Court

Posted on March 19, 2009
Legal Experts Propose Limiting Justices' Powers, Terms is an interesting Feb. 23, 2009 Washington Post article which I expect will go no where. It reports on a group of law professors and others who propose the end of life time...

Most Downloaded Labor Faculty

Posted on March 19, 2009
Workplace Prof Blog ran an interesting story on March 17, 2009, available here, about the most downloaded labor and employment faculty. I am pleased to report that I ranked number 13 and I believe that I am the only adjunct...

NY Times Running Debate On Whether AIG Contract Bonuses Can Be Voided And My Take On This

Posted on March 18, 2009
When Bonus Contracts Can Be Broken is a running debate over whether the AIG Contract bonuses that has so outraged the country can be broken. Most of the commentators believe that the government has a shot. The commentators are as...

Retirees no longer AT&T plan participants, lacked ERISA claim

Posted on March 18, 2009
Chastain v AT&T, ___F.3d____(10th Cir. March 9, 2009), is an interesting decision. The 10th held that retired AT&T employees lacked standing to assert an ERISA claim against AT&T after their retirement benefits were transferred to AT&T spin-off Lucent Technologies and...

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