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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

EEOC Issues Proposed Rules on Disparate Impact

Posted on April 19, 2008
On March 31, 2008, the EEOC issued a Proposed Rules with respect to disparate impact claims. They were issued just about 3 years after the Supreme Court's decision in Smith v. City of Jackson, 544 U.S. 228 (2005). These rules...

Overtime 101

Posted on April 19, 2008
Overtime 101 is an interesting March 31, 2008 law.com article about many of the misunderstood portions of the FLSA which can get employers in trouble-big trouble. As the article states: The concept doesn't seem all that complicated -- non-exempt employees...

Chairperson Peter Schaumber and Member Wilma Liebman Testify Before Senate Subcommittee

Posted on April 18, 2008
On April 2, 2008 both Chairperson Peter Schaumber and Member Liebman testified before a the U.S. Senate Subcommittee on Labor Health and Human Services about the NLRB Representation process. The difference in their testimony was striking. Both stated that they...

Legal Education Statistics

Posted on April 18, 2008
The ABA Section on Legal Education maintains a whole host of legal education statistics which may be of interest to law students and to researchers. Specifically, they publish the following information: Enrollment and Degrees Awarded [PDF] Average Living and Book...

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Lawyer Sanctioned And Only Allowed To File Papers In Court If Signed By Another Attorney

Posted on April 18, 2008
Florida Bar v. Thompson, __So. 2d__ (Florida Supreme Court March 20, 2008) is an unbelievable case. The Court sanctions an attorney by preventing him from filing anything in court without it being co-signed by another attorney. Apparently, the attorney is...

Teacher Strike At Catholic Schools

Posted on April 18, 2008
The lay faculty association at 10 private Catholic Schools have are on strike. Teachers Strike at 10 Catholic Schools is an April 15, 2008 New York Times article which summarizes the controversy. As the article states: The Lay Faculty Association,...

Terminated Volunteer Dog Walker Awarded $50, 000 in Emotional Distress Damages

Posted on April 17, 2008
As regular readers of this blog know, I have an interest in the legal status of volunteers. There is a serious gap in the law because volunteers are not covered under our nation's labor and employment laws. Why? Because these...

The Downside of Universal Health Insurance

Posted on April 17, 2008
In Massachusetts, Universal Coverage Strains Care is an interesting April 5, 2008 New York Times article. It reports on patients having to suffer through long waits to see doctors in certain specialities. This is attributed to last year's Massachusetts state...

Employee Conducting Personal Business While On Duty Is Not Eligible For Workers Compensation

Posted on April 17, 2008
Source: Initially published on the Internet in New York Public Personnel Law. Reproduced with permission. Copyright� 2006, 2007, 2008, Public Employment Law Press. April 1, 2008 Injury incurred on shift conducting personal business not covered by workers? compensation Matter of...

Interesting Article About LaRue Case Allowing Suits Against ERISA Fiduciaries

Posted on April 17, 2008
401(K) Party May Sue for Fiduciary Breach Under ERISA is a well written April 7, 2008 New York Law Journal article by Jeffrey S. Klein and Nicholas J. Pappas (registration required). The article summarizes the Supreme Court's recent decision in...

Is a Breach of Warranty a Breach of Contract? Texas says, "Yes."

Posted on April 17, 2008
Is a breach of warranty a breach of a contract? The Supreme Court of Texas addressed this question last week in Medical City Dallas, Ltd. v. Carlisle Corp., ___ S.W.3d ___ (Tex 2008) and in a unanimous opinion answered in...

Some Comments on Law Review Online Companions

Posted on April 17, 2008
Congratulations to Professor Rubinstein for his essay in the Northwestern Law Review Colloquy on the recent Sprint/United v. Mendelsohn case decided earlier this year by the U. S. Supreme Court. His post announcing the essay's publication is here and the...

The Declining Influence of Law Review Articles

Posted on April 16, 2008
Law Reviews vs. the Courts: Two Thoughts from the Ivory Tower is an interesting article prepared for CONNtemplations, the online companion to the Connecticut Law by Professor Stephen Valdeck. The abstract provides: Much has been made recently of the charge...

Colorado Considering Just Cause State Constitutional Amendment

Posted on April 16, 2008
Workplace Prof Blog reports on a proposed state constitutional amendment which would insert a just cause requirement into employment terminations. As the posting states: From Jon Hyman at Ohio Employer's Law Blog: In Colorado, labor unions are trying to change...

2d Circuit Enforces Board Order Finding Employer's Campaign Statements Were An Unlawful Implied Threat

Posted on April 16, 2008
In labor law there is a tension between the right of free speech and the right to be free from coercision. Thus, it is often difficult to distinguish between lawful and unlawful speech in the context of a union organizing...

The Down Side Of Sex Registry Statutes

Posted on April 16, 2008
A number of states have enacted sex registration type statutes. But who is a sex offender? Is someone who has sex with an underage individual a sex offender, even if he is also underage? Apparently, yes as this article in...

My Law Review Essay On Sprint/United v. Mendelsohn Is Published

Posted on April 15, 2008
I am delighted to announce that my law review essay entitled Sprint/United Management Co. V. Mendelsohn: The Supreme Court Appears To Have Punted On The Admissibility of "Me Too" Evidence Of Discrimination. But Did it?, 102 Northwestern L. Rev. Colloquy...

Morse v. Frederick Symposium Papers Available From Lewis and Clarke Law Review

Posted on April 15, 2008
First Amendment Law Prof Blog April 13, 2008 posting entitled Speech and the Public Schools After Morse v. Frederick: Papers Presented at Lewis and Clark Law School Symposium Available Online summarizes and provides links to the law review papers that...

8th Refuses To Strike Affadavit For Failing To Comply With FRCP 56

Posted on April 15, 2008
Brannon v. Luco Mop Co., ___F.3d___(8th Cir. April 3, 2008),Download 071434p1.pdf is an important case involving procedure and litigation that arose in the context of employment. The 8th refused to strike an affadavit for failing to comply with FRCP. As...

Management Law Firm Proskauer Rose Is Worried That Employee Free Choice Act May Actually Pass

Posted on April 15, 2008
In April 2008, the management law firm of Proskauer Rose put out a "client altert" Download 16028033108the_employee_free_choice_actcav41.pdf stating that many Washington insiders believe that the Employee Free Choice Act, which is an AFL-CIO supported amendment to the NLRA, is likely...

Is Rochester New York About To Get A Law School At St. Fisher's College?

Posted on April 14, 2008
The Rochester Daily Record in a April 11, 2008 story entitled New York State Slates $2.25M for First Law School in Rochester reports that St. Fisher College, a small college in Rochester New York, is slated to get 2.25 million...

Teacher Who Refused To Partake In Libations Ceremony States A Cause Of Action For Religious Discrimination

Posted on April 14, 2008
Wilkerson v. New Media, ___F.3d___(3rd Cir. April 9, 2008), presents an excellent review of religious discrimination principles in employment. A religious teacher alleged that she was terminated after she refused to partake in a "libations ceremony." The lower court did...

Book Review Highlight Public Sector Labor And Employment Law (Lefkowitz, et al. eds. 3rd ed. 2008)

Posted on April 14, 2008
Public Sector Labor And Employment Law has been the bible on public sector labor and employment law in New York since it first came out twenty years ago. I was one of the contributors to an earlier addition and I...

Wall Street Journal Supports Miltary Tribunals

Posted on April 14, 2008
An April 1, 2008 Wall Street Journal editorial appears to be supporting the use of Miltary Tribunals to try suspected terrorists. That article is available here. As the article states: Ghailani and other terrorists deserve to be prosecuted in military...

School Bus Driver Not Entitled To Unemployment During Summer Months

Posted on April 13, 2008
Adams v. West Ottawa Public Schools, ___N.W.2d___(Mich. App. March 27, 2008), is an interesting unemployment decision. The court held that school bus drivers are not entitled to unemployment during the summer months. The court summarized the applicable law as follows:...

Alabama Employment Lawyer Nominated to the EEOC

Posted on April 13, 2008
Alabama Employment Lawyer Nominated to the EEOC is a short March 31, 2008 National Law Journal article that explains the background of President Bush's most recent nominee to the EEOC. Her name is Constance Barker of Montgomery, Ala.'s Capell &...

Constructive Notice Under FMLA

Posted on April 13, 2008
Family, Medical Leave Act: Constructive Notice for Leave is an interesting March 26, 2008 New York Law Journal article by Dean L. Sliverberg and Melissa Beekman. This article discusses the Oct. 7, 2998 Seventh Circuit decision in Stevenson v. Hyre...

Employer Vicarious Liability For Sexual Harassment

Posted on April 12, 2008
The Affirmative Defense To A Vicarious Liability Sexual Harassment Claim (registration required) is an interesting April 7, 2008 New Jersery Law Journal article by Heather R. Boshak and my former student Robert A. Epstein. In this article the authors review...

Law Firm Bans Blackberrys

Posted on April 12, 2008
To follow up on Eric's posting yesterday about professors banning the use of the internet in class, the April 6, 2008 edition of Newsday published an interesting article by Patricia Kitchen entitled "Law firm silences all the buzz" which is...

Sprint v. Mendelson "Me Too" Case Interpreted Broadly

Posted on April 11, 2008
In Sprint v. Mendelsohn, __U.S.__, 2008 WL 495370 (Feb. 28, 2008), the Supreme Court held that evidence by other employees about how they were treated (so called "me too evidence") was neither per se admissible or inadmissible. Thus, the Court...

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