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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

New York Public Pension Systems In Good Shape Despite Financial Crisis

Posted on November 14, 2008
New York State Common Retirement Fund in good shape despite downturn in stock markets Source: Office of the State Comptroller Press Release State Comptroller Thomas P. DiNapoli reports that the value of the New York State Common Retirement Fund (Fund)...

2d Issues Important IDEA Case Concerning Eligibility

Posted on November 13, 2008
Mr. and Mrs. N.C. v. Bedford Central School Dist., ___F.3d___(2d Cir. Nov. 12, 2008), involves an issue that we do not see very often. The parents of a student wanted to have him classified as emotionally disturbed under the IDEA....

NFL players union must pay retirees $28.1M for failure to include them in marketing deals

Posted on November 13, 2008
NFL players union must pay retirees $28.1M for failing to include them in marketing deals is an interesting November 12, 2008 National Law Journal article that I would like to learn more about. It reports on a jury verdict in...

Residence requirements for public officers

Posted on November 13, 2008
Informal Opinions of the Attorney General 2008-10 Public Officers Law §3 generally requires that a public officer reside in the political subdivision or municipality in which he or she holds such public office, i.e., the incumbent of a local office...

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Going, Going, Gone

Posted on November 13, 2008
Going Going Gone is a short November ABA Journal article which documents that some law firms are cutting back on vacation benefits because of the economy. Why? Because of the need to increase billable hours. This is example number one...

2008 Supp For Elkouri and Elkouri How Arbitration Works Published

Posted on November 12, 2008
As every practicing labor lawyer knows, Elkouri and Elkouri is the bible on labor arbitration. The 6th Edition 2008 cumulative supplement was just published and it is a must purchase for those who practice in this area. It is, of...

6th Holds McDonnell Douglas Shifting Burden Of Production Does Not Apply Where Direct Evidence Is Present

Posted on November 12, 2008
Daugherty v. Sajar Plastics, ___F.3d___(6th Cir. Oct. 16, 2008) is an important FMLA case. First, the court follows Title VII law. Second, in adopting Title VII principles, the court holds that the McDonnell Douglas shifting burden of production standards are...

25 Cent Copying Charge Under FOIL Upheld and School District Awarded Attorneys Fees For Frivolous Conduct By Pro Se Plaintiff

Posted on November 12, 2008
I bring Matter of Fenstermaker v. Edgemont Union Free School District, ___Misc. 3d___(Westchester Co. 2006)(just published, however) for several reasons: 1. It upholds a 25 cent per page copying charge 2. It approves of a practice requiring that plaintiff find...

Transit Workers Get Dues Check Off Back

Posted on November 12, 2008
Under the Taylor Law, it is an Improper Practice to strike. Members face a two day penalty for each day of striking, the union can be found in contempt and fined and the union could loose its check off. In...

Here Comes The Employee Free Choice Act

Posted on November 11, 2008
The issue of so called "card check elections" was an important part of the 2008 presidential campaign. Senator McCain opposed the legislation authorizing card check elections known as the Employee Free Choice Act and Senator Obama supported it. This amendment...

Time and Attendance Violation Disqualifies Secy From Receiving Unemployment

Posted on November 11, 2008
As readers of this blog know, an employee terminated for "miscondut" is not eligible for unemployment. The question becomes what is misconduct. Matter of Cuccia, ___A.D.3d___(3rd Dept. Oct. 23, 2008) holds that a secy terminate for being late, after being...

Attorney Found To Be An Employee And Eligible For Unemployment

Posted on November 11, 2008
Matter of Reich, ___A.D.3d___(3rd Dept. Oct. 23, 2008), is an interesting decision. The case holds that a group of attorneys let go by a law firm are eligible for unemployment. Apparently, the law firm sought to defend the unemployment claim...

UAW Supports Bailout of GM

Posted on November 11, 2008
The AFL-CIO Now Blog ran an interesting November 7, 2008 story entitled Gettelfinger:Urgent Need To Save Auto Industry. This article explains that the UAW is supporting GM request for a Bailout. As the article states: Gettelfinger and the CEOs of...

Blackberry Bold; Bye Bye Palm Treo

Posted on November 10, 2008
I have been using the Treo line ever since it came out-when it was still Handspring. However, I just switched to Blackberry Bold. Why? In a word e-mail. The e-mail was awful with Sprint. Versa Mall and Sprint Mail often...

Public Defenders Starting To Refuse Cases

Posted on November 10, 2008
Citing Workload, More Public Lawyers Reject New Cases is an important November 8, 2008, New York Times article. In a nutshell, the workload of public defenders is increasing and some have started to refuse work, claiming that they could not...

IRCA Does Not Preempt Workers Comp Benefits

Posted on November 10, 2008
Amoah v. Mallah Management,___A.D.3d___(3d Dep't. Oct. 30, 2008), is an important decision. A New York appellate court holds that an undocumented worker is eligible for Workers Comp benefits and that his claim is not preempted by IRCA. What about Hoffman...

Title VII applies to whites as well as blacks

Posted on November 10, 2008
White woman claims racial harassment at Jack in the Box is an interesting Oct. 1, 2008 article from Tennessean.com. I bring it to your attention because it demonstrates a fundamental principle of employment discrimination. Title VII applies to all races...

Maryland Family Leave Act

Posted on November 09, 2008
On Oct. 1, 2008, the Maryland Family Leave Act became effective. The Act supplements the FMLA. For example, it requires FMLA leave to be paid if the employer offers paid leave. However, this new statute also raises a lot of...

NLRB Appellate Briefs Available Online

Posted on November 09, 2008
For several months now, the NLRB has posted its appellate briefs on its web site. This is a rich source of legal research for litigants. For just one example, on Oct. 3, 2008, the Board posted an excellent brief summarizing...

Lawyers Dominate Obama's Transition Team

Posted on November 08, 2008
Better Question: Who Isn't A Lawyer On Obama's Transition Team is an interesting ABA Journal Blog which discusses the fact that most of Obama's transition team is made up of lawyers. There are also a number of law profs on...

Developing Labor Law 2008 Cumulative Supp Published

Posted on November 08, 2008
The Developing Labor Law has long been the bible in labor law. It is, of course, published by BNA and the ABA. One of wonderful things about this treatise is that it is kept up to date. That is critically...

Term Paper and Fake Degree Web Site Found To Have Committed Multiple Copywrite and Other Violations

Posted on November 07, 2008
For those in the academic world, Axact v. Student Network, ___F.Supp.2d___(D. N.J. Oct. 20, 2008), may be a very interesting case. Axact, based in Pakistan, owned scores of web sites and sold term papers and other academic works as well...

5th Rejects ADA Claim of Employee Who Noded Off At Work Due To Sleep Apena

Posted on November 07, 2008
Grubb v. Southwest Airlines, ___F.3d___(5th Cir. Oct. 10, 2008)is an important ADA case dealing with sleep apena. An employee who would "nod off" claimed that Southwest discriminated against him because they did not accommodate his disability. Both the lower court...

Driving As Major Life Activity Under ADA

Posted on November 07, 2008
Both Workplace Prof Blog and Paul Mollica's Daily Developments in EEO covered an interesting case Kellogg v. Energy Safety Services, Inc., ____F.3d___(10th Cir. 2008), where the 10th in a 2-1 decision held that driving was NOT a major life activity...

Invitations

Posted on November 07, 2008
I just came across a wonderful web site, Evite. It enables you to send out invitations to meetings to hundreds of people who then can respond with a yes or no or a little note. This does away with having...

President Elect Obama, Labor and Employment Law and Law Firms

Posted on November 06, 2008
The management law firm of Jackson Lewis is already advising its clients how to prepare for up coming labor and employment law and are putting on seminars on Nov. 13th and November 14th. Available here. An email, I got today,...

Proskauer Hosts Election Day Call-In Center

Posted on November 06, 2008
Proskauer Hosts Election Day Call-In Center is an interesting Nov. 5, 2008 New York Law Journal article. (registration required). It reports that the law firm of Proskauer Rose, which is known for its management side labor relations practice, and some...

2d Issues Primer on IDEA and Least Restrictive Environment

Posted on November 06, 2008
P v. Newtown Board of Education, ___F.3d___(2d Cir. Oct. 9, 2008), is a primer on special education law and the requirement of a least restrictive environment in particular. The court adopted a flexible case by case test for determining whether...

Public Sector Union Sues For Breach of Collective Bargaining Agreement

Posted on November 06, 2008
A little know fact is that unions can sue for breach of contract (the collective bargaining agreement) if the collective bargaining agreement does not contain final and binding arbitration. We do not see many such cases in the private sector,...

Sexual Harassment Plaintiff Must Answer Questions About Her Prior Sexual Abuse

Posted on November 05, 2008
Rhodes v. Motion Industries, ___F. Supp. 2d___ (E.D. Tenn. 2008), is a very interesting and unusual case. The court held that a plaintiff in a sexual harassment case could be compelled to answer written questions regarding her prior sexual abuse,...

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