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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

Independent Contractor Agreements Are Not Controlling

Posted on December 03, 2008
Barnard v. Advance, ___F.Supp. 2d___(D. Or. Nov. 4, 2008) is an interesting decision. The court held that a "regional "contract" correspondent was an employee under ERISA and standard agency law and had standing to sue under ERISA for benefits under....

Unreviewed State Agency Findings Do Not Preclude Subsequent Title VII Litigation

Posted on December 03, 2008
Hillman v. Shelby County Gov't.,___F.3d___(6th Cir. Oct. 16, 2008), demonstrates that sometimes federal judges make clear mistakes. The Supremes held long ago that unreviewed administrative findings due not preclude subsequent Title VII litigation. Univ...

College Prof Fired For Humiliating Students for Plagiarism

Posted on December 03, 2008
The December 2, 2008 Workplace Prof Blog ran an interesting story about an adjunct college prof fired for humiliating his students for plagiarism. Reportedly, this prof warned students that this would happen in his syllabus. This professor stepped way over...

Foreign Colleges

Posted on December 02, 2008
Going Off To College For Less (Passport Required) is a very interesting Novmeber 30, 2008 article from the New York Times. It reports that more and more Americans are going to elite colleges in other countries at a significant cheaper...

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Can Hillary Serve As Secretary of State??

Posted on December 02, 2008
Is 'Secretary of State Hillary Clinton' Unconstitutional? Some Say Yes is a very interesting December 1, 2008 story from the Wall Street Journal Law Blog that is well worth a read. What's the issue? The U.S. Constitution Emoluments Clause which...

Settlement Discussions Are Not Admissible

Posted on December 02, 2008
It is hornbook law that settlement discussions are not admissible. Yet, in Lipani v. NYS Division of Human Rights, ___A.D. 3d___(2d Dept. Nov. 12, 2008), an ALJ apparently admitted them. Therefore, the case was reversed on appeal. As the court...

Texas Whistleblower Cause Of Action Includes Duty To Exhaust Administrative Remedies

Posted on December 02, 2008
Garrett v. Judson Independent School Dist., ___F.3d___(5th Cir. Nov. 10, 2008) is an interesting 5th Circuit case applying Texas state law. A teacher brought a whistleblower claim under Texas law after her teaching position was not renewed. However, she failed...

On Remand From Supremes Sprint District Court Rejects "Me Too" Evidence

Posted on December 01, 2008
Mendelsohn v. Sprint?United, ___F.Supp. 2d (D. Kan. Nov. 4, 2008) is an important ADEA procedural case. On remand from the Supreme Court, the court reiterated its view that the "me too" evidence of bias and age-derogatory remarks offered at trial...

11th Narrowly Interprets Garcetti

Posted on December 01, 2008
As readers of this blog know, Garcetti v. Ceballos, 126 S.Ct. 1951 (2006), greatly narrowed public employee free speech rights. In Stokes v. Savannah State University, ___F.3d___(11th Cir. 2008), the 11th Circuit dismissed one such case brought by a Police...

Kaye's Legacy

Posted on December 01, 2008
As most New York lawyers know, Chief Judge Kaye is stepping down from the Court of Appeals. A December 1, 2008 New York Law Journal article about her tenure entitled Kaye's Legacy is available here. Chief Judge Kaye has been...

Termination Check List

Posted on December 01, 2008
The Employment Law Blog reprinted a termination checklist for employers written by an attorney. There are 25 questions that are included. The first ten are as follows: 1. Have handbook and all written procedures been followed? 2. Is there a...

A Bad Economy Is A Boom For Employment Lawyers

Posted on November 30, 2008
Employment Lawyers: We're Busier Than Ever is an interesting Nov. 14, 2008 article from the American Lawyer. As most of us employment lawyers know, hard economic times are boom times for employment articles. This article interviews several lawyers who discuss...

Poaching Lawsuits On The Rise

Posted on November 30, 2008
Poaching Lawsuits Aim To Stifle Talent Raids is an interesting Nov. 24, 2008 National Law Journal article. What is poaching? When one company hires an executive from another company, usually a competitor. This article reports that these this is increasing...

What Does Obama's Election Mean For Employment Law

Posted on November 29, 2008
Attorney Philip Berkowitz wrote an interesting Nov. 13, 2008 New York Law Journal article entitled Obama Victory Means Changes For Employers (free with registration). Berkowitz follows up on a quote in Steven Greenhouse's NY Times article which quoted a U...

The Downside Of A Law Degree

Posted on November 29, 2008
Discovering A Law Degree's Downside is an interesting Nov. 24, 2008 National Law Journal article. What is the downside? The cost together with the difficulty in finding a decent paying job-particularly with respect to students who are seeking a non-lawyer...

Not All Procedural Violations Result In Lack of FAPE

Posted on November 28, 2008
Sinan v. School District of Philadelphia, ___F.3d___(3d Cir. Sept. 24, 2008), demonstrates and important IDEA principle. The parents of a disabled student were not entitled to tuition reimbursement under the Individuals with Disabilities Education Act (IDEA)...

Case Dismissed Because of Plaintiff's Abuse

Posted on November 28, 2008
Waivio v. Board of Trustees of Univ. of Illinois, ___F.3d___(7th Cir. 2008) is an important decision to be aware of. The court dismissed a series of law suits filed by a Ph.d graduate student after she was dismissed from school...

Happy Turkey Day!

Posted on November 27, 2008
Adjunct Prof Blog would like to wish all of our readers a happy Thanksgiving. I would also like to thank our readers for their continued support of this blog. Mitchell H. Rubinstein

President Elect Obama Wants To Keep His Blackberry

Posted on November 27, 2008
Update Obama Fighting to Keep his Blackberry is Crackberry posting which reports on an interview that Barbara Walters did of the President Elect. The interview went as follows: WALTERS: How are you going to get along without your Blackberry? OBAMA:...

FedCir: Disadvantaged minority set-asides for DOD contracts unconstitutiona

Posted on November 26, 2008
(Rothe Dev Corp v Dep't of Defense, November 4, 2008). A federal law that sets a goal of awarding five percent per fiscal year of defense contracting dollars to companies owned by "socially and economically disadvantaged individuals" has been found...

With The Poor Economy, More Wall Streeters Are Turing To Psychics

Posted on November 26, 2008
Sometimes you just cannot make fact up. The November 21, 2008 New York Times ran an interesting article entitled Love, Jobs and 401(k)s which is about Wall Streeters and others turning to Psychics because of the poor economy. And some...

Attorneys Seek To Overturn California's Gay Marriage Ban-Proposition 8

Posted on November 26, 2008
The November 12, 2008 National Law Journal in an article entitled A Small Army Of Attorneys File Amicus Briefs In Proposition 8 Case is reporting that several attorneys are seeking to overturn California Proposition 8 which bans gay marriages in...

Watch Dog Group Wants Obama Administration To Be More Open Than Bush Administration

Posted on November 26, 2008
OMB Watch, a government watch dog group is asking the Obama Administration to post more public records on the internet and be more open than the Bush Administration. Group Seeks Web-Savvy, More Open Government is a November 12, 2008 Washington...

NY Court of Appeals Holds Private Nuisance Action Not Preempted By NLRA

Posted on November 25, 2008
Helmsley-Spear v. Fishman, ___N.Y. 3d___(Nov. 24, 2008), is an important decision. It concerns the issue whether a nuisance tort is preempted by the NLRA. The alleged nuisance occurred during a labor dispute with union officials banging on metal pots and...

Substitute teachers may fall under professional exemption

Posted on November 25, 2008
Substitute teachers may qualify under the FLSA's professional exemption as long as their primary duties are to "[teach] and [impart] knowledge in an educational establishment," advises the Acting Administrator in a recently released Wage and Hour Division opinion letter...

Amendments To Pension Protection Act of 2006 Sought

Posted on November 25, 2008
A November 12, 2008 New York Times article entitled Companies Push For Pension Relief is that several corporations are going to seek relief from the funding requirements under the Pension Protection Act of 2006. Reportedly, a type of bailout will...

Hospital Liable For Doctor Contractor's Negligence

Posted on November 25, 2008
Cordero v Christ Hospital, et al, ___A.2d ___ (N.J. Ct. Apps. October 29, 2008), is an important case, particular for those who represent doctors or hospitals. The court held that a hospital may be liable for the malpractice of a...

Free GPS Turn By Turn Voice Directions For Your Mobile Phone

Posted on November 24, 2008
The other day I was playing with my new Blackberry and browsing along the crackberry.com message boards. I can across a piece of completely free software called AmaZE. And it is nothing short of amazing! It uses Yahoo Maps to...

DA in Cheney-Gonzales Shouts At Judge And Bangs On Table

Posted on November 24, 2008
The ABA Journal Daily News ran a brief Nov. 21, 2008 story that the DA, yes the DA himself, shouted at the Judge during a Cheney-Gonzales court proceedings. An AP article contains more details about this case and the DA's...

Discharge of Assistant Mger Reporting Child Abuse Held Not To Be A Public Policy Violation!

Posted on November 24, 2008
Arispe v Walgreens Co, (Iowa Ct App, October 29, 2008), demonstrates how difficult it is to establish a public policy violation. An Iowa appellate court held that a Walgreens assistant manager who alleged she was discharged for reporting suspected child...

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