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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

Certain Law Student Foregiveness Loans Are Not Taxable

Posted on July 24, 2008
IRS Clarifies Rule on Taxing Forgiven Loans is a July 11, 2008 National Law Journal article that law students may be interested in. It concerns an IRS revenue ruling, where the agency clarified that the privilege of not claiming the...

Employer Union Rep Named In Employment Discrimination Suit, But Second Circuit Does Not Address That Issue

Posted on July 24, 2008
I bring Bowles v. NYC Transit Authority, ___Fed. Appx. ___(2d Cir. July 10, 2008), for one reason. The plaintiff in this religious discrimination named his employer and the employer's labor relations represenative as defendants. As best I could tell, Plaintiff's...

Michigan Supreme Court Holds Home Addresses and Phone Numbers of Public Employees Exempt From Disclosure Under Freedom of Information Statute

Posted on July 23, 2008
Michigan Federation of Teachers v. University of Michigan, ___N.W.2d___ (Mich. July 16, 2008), is an important decision to be aware of. The Supreme Court of Michigan held that state university employees' home addresses and home telephone numbers were exempt from...

National Law Journal Article On ADA Restoration Act

Posted on July 23, 2008
Congress Aims to Expand the ADA is an important July 21, 2008 National Law Journal article. It previews the ADA Restoration Act which is likely to be enacted into law in the Fall. The article describes the changes to current...

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New Employment Laws On The Horizon

Posted on July 23, 2008
Mcquire Woods recently outlined in their email newsletter (available on their web site here) a list of employment laws that may be on the Horizon if the Democrats maintain control Congress and Obama wins. Their list and summary is as...

4th Enforces Gissel Bargaining Order

Posted on July 23, 2008
Evergreen America Corp. v. NLRB, ___F.3d___(4th Cir. June 26, 2008) is an important decision to be aware of. The Fourth enforced the NLRB's issuance of a Gissel bargaining order to remedy unfair labor practices both prior to and after a...

7th In Case Of First Impression Holds Secy Fired For Taking Time Off From Working For In Vitro Fertilization States A Cause of Action Under Title VII

Posted on July 22, 2008
Hall v. Nalco Co., ___F.3d___(7th CIr. July 16, 2008), is an important sex discrimination case. The court held that the plaintiff, a secretary who alleged that she was discharged for taking time off to undergo in vitro fertilization (IVF) stated...

Union Must Treat All Bargaining Unit Members The Same-Even Non-Members

Posted on July 22, 2008
Puget Sound Area Local, 352 NLRB No. 98 (June 30, 2008), is an important NLRB decision because it reminds us that unions must treat all unit members the same-even non-member unit members. This is because the union represents the entire...

Do Professors Have An Obligation To Retire??

Posted on July 22, 2008
Inside Higher Education issued an interesting July 21, 2008 story entitled A Moral Obligation to Retire? This article follows up on a posting Leiter Reports A Philosophy Blog who noted the poor job market for legal philosphers. A commentaor raised...

Minneapolis mid-size firm of Halleland Lewis Takes New Approach To Attorney Recruitment

Posted on July 22, 2008
The Minneapolis mid-size firm of Halleland Lewis has taken a new approach to attorney recruitment. It produced a humerous video. The firm's press release is available here. The video is available here. Chekc it out! Mitchell H. Rubinstein

Law Review Article About Use Of Adjunct Professors

Posted on July 21, 2008
David Lander, Are Adjuncts a Benefit or a Detriment?, 33 U. Dayton L. Rev. 285 (2008), may be of interest to readers. It is about the use of adjuncts by law school. The abstract provides: This article examines the benefits...

Sexual Relations Is A Major Life Activity Even If Employer Did Not Know About Condition

Posted on July 21, 2008
Adams v. Rice, ___F.3d___ (D.C. Cir. Jully 18, 2008), is a lengthly D.C. Circuit court decision of first impression holding that sexual relations is a major life activity under the Rehabiliation Act even if the employer did not know that...

Non-tenured public administrator exercising policymaking or advisory duties ineligible for unemployment insurance

Posted on July 21, 2008
Matter of Shapiro v Commissioner of Labor, 2008 NY Slip Op 05845, Decided on June 26, 2008, Appellate Division, Third Department Bernard D. Shapiro appealed the decision of the Unemployment Insurance Appeal Board holding that he was ineligible to receive...

E.D.N.Y. Decides Important Ministerial Exception Case Under Title VII

Posted on July 21, 2008
Redhead v. Conference of Seventh-day Adventists. __F.Supp.2d___(E.D.N.Y. June 27, 2008), Download CourtDocumentViewer.htm is an important Title VII case dealing with the Ministerial Exception under Title VII. In Rweyemamu v. Cote, 520 F.3d 198 (2d Cir...

Law Firm Partners Being Asked To Pony Up

Posted on July 20, 2008
Law students take note. Firms Ask Partners To Pony Up is an Interesting July 7, 2008 National Law Journal article (registration required) which you may want to read. Many law students have a rosey picture of law firm partnership. While...

Poor Legal Briefs

Posted on July 20, 2008
Greg May over at the California Blog of Appeal reminds us that poorly written legal briefs may be sanctionable. In his July 3, 2008 posting, he cites to Rusli v. Mukasey, case no. 06-1941 (1st Cir. June 27, 2008) (citations...

Google Research Tips

Posted on July 19, 2008
The July 2008 ABA Journal has an interesting article entitled Become a Google Master. It offers tips on how to utilize Google's search engine more efficiently. Among the tips, use the signs + and - to either include or exclude...

United Kingdom and UN Research

Posted on July 19, 2008
Internet Legal Research is a wonderful weekly email of interesting legally related web sites. It's run by Tom Mighell and its free. To subscribe just visit http://www.inter-alia.net and sign up. The July 6, 2008 edition, references the following interesting web...

Principal's Statements To Parents About Teacher Is Slander

Posted on July 18, 2008
Lipman v. Ionescu, ___A.D.3d___(1st Dep't. 2008), is an interesting case to be aware of. Though the decision is fairly short, the court holds certain statements made by a school principal to parents about a teacher's purported termination was slander...

Right To Counsel In An Administrative Investigation

Posted on July 18, 2008
Police Benevolent Assn. of N.Y. State Troopers, Inc. v Division of N.Y. State Police, 2008 NY Slip Op 05957, Decided on July 1, 2008, Court of Appeals The genesis of this decision was a claim advanced by five State Troopers...

Ave Maria Law School Retains Accredition For Now

Posted on July 18, 2008
An interesting July 2, 2008, Wall Street Journal Law Blog article entitled Ave Maria School of Law Dodges Bullet, Retains Accreditation updates us on the saga of Ave Maria Law School which is moving from Florida to Michigan. The Dean...

Notices of Claim And Education Law

Posted on July 18, 2008
Right to Notice: The Bermuda Triangle of Education Law (registration required) is an important July 1, 2008 School Law article by Jerry Ehrlich. As this article points out, when suing a school district in New York, one should always think...

Colloquy Published On Sprint "Me Too" Case

Posted on July 17, 2008
I am delighted to announce that the entire Northwestern Law Review Colloquy on the significance of the Sprint "Me Too" decision has been published. Attorneys and scholars who are struggling with understanding the significance of the Sprint decision may find...

Picketing verses Rallying

Posted on July 17, 2008
It is often important to discuss between picketing and non-picketing. Under 8(g) of the Act, in the health care industry a union must give 10 days notice of picketing or loose protection under the Act. California Nurses Association, Advice Memo...

Protected Opposition Activity Under Title VII And Confidential Information

Posted on July 17, 2008
Niswander v. The Cincinnati Insurance Co., ___F.3d___ (6th Cir. June 26, 2008) is an interesting Title VII retaliation case. A female claims adjuster who was fired after delivering confidential documents to attorneys involved in a disparate pay class action against...

Blogs and Lexis and Westlaw

Posted on July 17, 2008
One of the reasons why blogs are not cited that often may be because they are not in the LEXIS or Westlaw data bases. They are also, of course, a new form of scholarship. In any event, Race to the...

NLRB Literally Take More Than 10 Years To Find That Four Nurse Managers Are Not Supervisors

Posted on July 16, 2008
Loyalhanna Care Center,352 NLRB No. 105 (June 30, 2008), is a relatively short and simple decision concerning whether four nurse managers are supervisors of aides. The case held in abeyance and stayed for years in light of the Supreme Court's...

7th Holds Suit Over Improper Reference Can Proceed

Posted on July 16, 2008
Matthews v. Wiscon. Energy, ___F.3d___(7th Cir. July 7, 2008) is an important decision to be aware of concerning employment references. The plaintiff, an employee who had sued her employer several times for various claims?most recently over botched job references, which...

Blog Citations

Posted on July 16, 2008
The Race to the Bottom has an interesting June 29, 2008 posting comparing the number of blogs cited in court opinions to the number of time rockers have been cited in court decisions. The numbers are as follows: Rockers Law...

Should Non-Wisconsin Law Students Be Granted To Same Right To Practice Before Passing The Bar As Wisconsin Students

Posted on July 16, 2008
Wisconsin allows graduates of its two law schools to practice before passing the bar examination. Class action status granted in suit over right to practice in Wisconsin before passing the bar is a June 18, 2008 National Law Journal article...

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