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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

More on Professor Joe Biden

Posted on August 27, 2008
Adjunct Law Prof Blog discussed the fact that Vice-President candidate Senator Joe Biden is also an adjunct prof at Widener Law School, available here. The August 26, 2008 web site, Roll Call, provides additional detail of his teaching career. It...

For A Waiver of Past Practices To Be Effective The Language In The CBA Must Be Clear And Unambigious

Posted on August 27, 2008
Verizon North, 352 NLRB No. 120 (July 31, 2008), demonstrates several important and fundamental labor law concepts. First, the NLRB holds that a unilateral elimination of a past practice is an unfair labor practice in violation of Sections 8(a)(1) AND...

New York Law Journal Special Report on Labor and Employment Law

Posted on August 27, 2008
The July 7, 2008 New York Law Journal ran a special report on labor and employment law. It included the following articles which may be of interest. Genetic Information James E. Kellett, a partner at Crowell & Moring, writes that...

Adjunct Law Prof Blog Cited In National Jurist

Posted on August 27, 2008
The September 2008 National Jurist has a story by Karen Dybis entitled "Law Professor Raises Eyebrows" (link not available) which is about a University of Arkansas at Little Rock Law Professor who, believe it or not, is suing one of...

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Montana Supreme Court Upholds Termination Under Employment Statute

Posted on August 26, 2008
Montana is the only state in the union that has a wrongful termination statute. Becker v. Rosebud, __-P.2d___(Montana, August 12, 2008), is a Supreme Court decision which discusses the paramaters under this statute. The Montana Supreme Court held that an...

New Twist On Evolution Debate

Posted on August 26, 2008
A Teacher on the Front Line as Faith and Science Clash is a very interesting August 24, 2008 New York Times article. Normally, when we hear about the evolution debate in schools it is because a school board is trying...

Refusing Assignment Disqualifies Claimant From Unemployment

Posted on August 26, 2008
Worker refusing to accept reassignment to a similar position held disqualifying misconduct for the purpose of receiving unemployment insurance benefits Matter of Miles v Commissioner of Labor, 2008 NY Slip Op 06530, decided on August 7, 2008, Appellate Division, Third...

Public Schools Thinking About 4 Day School Week

Posted on August 26, 2008
Schools Debate A Four-Day Week is an interesting story from the August 10, 2008 Parade.com. Why? To save costs. However, there is a problem and its a big problem. Parents work 5 days a week and if their children were...

Constitutional Law Professor Running Mates

Posted on August 25, 2008
Both Obama and Biden were constitutional law profs at law schools. Obama taught at the University of Chicago and Biden was an adjunct at Widener. I think it is wonderful that there are two law profs on a major national...

Obama's Student Case Comment

Posted on August 25, 2008
It turns out that Obama did write something while on the Harvard Law Review. He wrote a 6 page case comment about Stallman v. Youngist, 531 N.E. 2d 355 (1988) published at 103 Harv. L. Rev. 823 (1990). His scholarship...

Sitting State Supreme Court Justice Ordered Not To Issue Opinion

Posted on August 25, 2008
Justices Tell Colleague Not to Publish His Opinion. Unprecedented? is a very interesting August 22, 2008 Wall Street Law Journal Blog story. Remarkably, the Mississippi Supreme Court ordered another sitting Justice, Justice Oliver Diaz not to publish his dissent with...

Civil Service Hearing Officer's Finding of Misconduct Given Collateral Estoppel In Unemployment Insurance Hearing

Posted on August 25, 2008
Matter of Agran v. Commissioner of Labor, ___A.D.3d___(3d Dept. Aug. 7, 2008), is an important decision to be aware of. An employee did not show up to his own Civil Service Law Section 75 hearing and was terminated for misconduct....

Who Is Our Nation's Most Famous Adjunct Law Professor

Posted on August 24, 2008
Senator Joseph Biden, Jr. is now this nations most famous adjunct law school professor. For the past 7 years he has taught at Widener Law School. In fact, according to Widener's press release, he was scheduled to start teaching on...

Call For Book Reviews Re: Woman And The Law

Posted on August 24, 2008
Pace Law School Professor Crawford writes to inform us about a call for book review proposals. The proposal is set forth below. Call for Book Reviews: Women and the Law Proposals Due September 25, 2008 The editors of Pace Law...

Should The Spread of AIDS Be Criminal?

Posted on August 23, 2008
The New York Times ran a very interesting August 8, 2008 article entitled Seeking Better Laws on H.I.V. It reports on a international conference on AIDS that called for the decriminalization of laws involving the spread of AIDS. As the...

Checking In On Child Not FMLA Protected

Posted on August 22, 2008
Brehmer v. Xcel, ___F. Supp. 2d___ (D. Min. Aug. 4, 2008) is an important FMLA lower court decision. The court held that an employee was not entitled to FMLA leave to check in on the 11-year-old son of his girlfriend...

Buzz Words In Special Education

Posted on August 22, 2008
IllinoisLoop.org has an informative, and at times funny, chart of buzz words used in special education. The chart is as follows: BuzzwordsWhat Parents THINK It MeansWhat It REALLY MeansMore Info Research has shown It's proven Other people say so, too...

Vetting Jurors via MySpace

Posted on August 22, 2008
Vetting Jurors via MySpace is an interesting August 11, 2008 National Law Journal article (registration required). It discusses how the internet and social networking sites are being used by lawyers and jury consultants to research prospective jurors...

10th Upholds Use of Repeated Time Outs For First Grade Special Education Student

Posted on August 22, 2008
Discipline of special education students is a difficult matter to address. In Couture v. Board of Education, ___F.3d ___(10th Cir. Aug. 7, 2008), in a lengthly opinion the court upheld the repeated use of time outs to a first grader...

Corporal Punishment Today

Posted on August 21, 2008
For many of us who practice Education Law, we just assume that corporal punishment is illegal. However, it is not actually "unlawful" in the sense of being a crime. Many states prohibit this practice and discipline teachers and administrators for...

Tort Claim Against Union For Corporate Campaign May Go Forward

Posted on August 21, 2008
Bashas v. UFCW, ___P.2d___(Ariz. Superior Court July 28, 2008) is an important case. An Arizona lower court held that a supermarket chain may proceed with its lawsuit against the United Food and Commercial Workers based on the union's corporate campaign-related...

Employers Issuing Subpoenas To Future Employers

Posted on August 21, 2008
The August 11, 2008 National Law Journal ran a very important article entitled Subpoena tactic in work suits draws fire (registration required). It is about the practice of some employer defendants in employment law suits to subpoena plaintiff's new or...

Employer Waived Its Right To Enforce Restrictive Covenant In Employment Agreement

Posted on August 21, 2008
Empire Financial v. Bellantoni, ___A.D. 3d ____(4th Dep't. July 3, 2008), is an unusual, but important employment law case. The employer allowed its employees to share files and correspondence in contemplation of a sale to the new employer. However, the...

FMLA Cited As Evidence That Employer Accommodated Disability Under Rehabiliation Act

Posted on August 20, 2008
William Santacrose v. CSX Transportation, ___F.3d____(11th Cir. Aug. 5, 2008), is an important FMLA decision which is not scheduled to be officially reported. As you are about to see, that makes no sense. In a nutshell, the employee requested intermittent...

To Settle or Not To Settle-Law Review Article Makes New York Times!

Posted on August 20, 2008
Who says that law review articles are not read? Jonathan D. Glater in the August 8, 2008, New York Times published an article about an upcoming law review article entitled "The Cost of Not Settling A Lawsuit." He discusses a...

New York May Ban Bullying In Schools

Posted on August 20, 2008
New York State Senate Gets Bill Banning Bullying Acts in the Schools is an interesting August 8, 2008 New York Times article about proposed anti-bullying legislation in schools. The legislation would require training and record keeping. The article, which is...

Adjunct College Instructior Not Eligibile For Unemployment Insurance

Posted on August 20, 2008
Matter of LoRe v. Suffolk Community College, ___A.D. 3d ___(3d Dep't. August 7, 2008), is an important case for us adjuncts. Unfortunately, the decision is very poorly written. The professor applied for unemployment for weeks where she only worked one...

School Officials Have Immunity If They Report Child Abuse

Posted on August 19, 2008
Under New York Social Service Law Sec. 413 as well as the law in several other states, school officials are mandated reporters of child abuse. J.H. v. County of Nassau, ___Misc. 3d___(Nassau Co. Aug. 5, 2008), Download JH.doc concerns the...

Unauthorized Absences Is Disqualifying Misconduct Under Unemployment Insurance

Posted on August 19, 2008
There is no right to collect unemployment insurance. If an employee is terminated for misconduct, she is not eligible to collect. The question becomes what is misconduct. Matter of Britter v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Aug. 7, 2008), holds...

Board Reaffirms Boston Insulated Wire Electioneering Decision

Posted on August 19, 2008
Lily Transporation Co., 352 NLRB No. 21 (July 31, 2008), is an important decison to be aware of because it reviews and essentially reaffirms the Board's electioneering rules. The object of an NLRB election is for it to take place...

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