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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

Should U.S. News Use Student LSAT Scores As Part Of Its Rankings?

Posted on June 04, 2010
Law Scholars Propose To Starve U.S. News of LSAT Data is an interesting May 24, 2010 article from the National Law Journal. It is about a proposal by a group of law profs who advocate not supplying LSAT data to...

Hawaii?s system wide teacher furlough plan affecting disabled and non-disabled students alike did not constitute change in placement under IDEA

Posted on June 03, 2010
N.D. v. State of Hawaii Dep?t of Educ., ___F.3d___ (9th Cir. Apr. 5, 2010), is an important case. The 9th held that the State of Hawaii?s plan to shut its public schools on 17 Fridays and furlough teachers on those...

Early Retirement Incentive proposal approve

Posted on June 03, 2010
On May 28, 2010, Governor David A. Paterson reported that the State Legislature passed his bill authorizing an early retirement incentive. This bill, said the Governor, will provide State agency and local governments ?with an additional mechanism to achieve necessary...

Fax Machines; That's So 1980

Posted on June 03, 2010
Legal Writing Prof Blog reported on o this article from the LegalBlogWatch which raised the question whether faxing is dead. Personally, I believe that it is not dead yet, but it is dying. Email is much quicker and more and...

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No Layoff Provision In Public Sector CBA Does Not Violate Public Policy

Posted on June 03, 2010
I bring Johnson City Professional Firefighters v. Village of Johnson City, ____A.D.3d ___(3d. Dept. April 8, 2010), because it contains an excellent primer on stays of arbitration on the basis of public policy. In a nutshell, the court held that...

Attorney-client privilege and work product doctrine protect from discovery documents prepared by attorneys during investigation of teacher?s alleged sex abuse

Posted on June 02, 2010
Sandra T.E. v. South Berwyn Sch. Dist. 100, ____F.3d____ (7th Cir. Mar. 30, 2010), is an interesting case. The Seventh Circuit held that documents and notes prepared by attorneys from a law firm hired by an Illinois school district to...

State barred from initiating or enacting legislation authorizing the furloughing of State workers

Posted on June 02, 2010
Donohue et al v Paterson, USDC, Northern District of New York, 1:10-CV-00543 (LEK/DRH) [Filed May 28,2010] Federal District Court Judge Lawrence E. Kahn ruled that the CSEA and the other unions suing the State in an effort to bar the...

Indiana district refuses to voluntarily end practice of allowing student-led prayer at graduation

Posted on June 02, 2010
A School Board President recently announced that it will not terminate its practice of allowing the senior class at Greenwood High School (GHS) to vote on whether to include a student-led prayer in graduation ceremonies, unless ordered to do so...

Students stated valid Title VI and Fourteenth Amendment discrimination claims based on district?s deliberate indifference to student-on-student racial harassment

Posted on June 02, 2010
Williams v. Port Huron Area Sch. Dist., ___F.Supp.2d___ (E.D. Mich. Mar. 31, 2010), is an interesting decision. A federal court in Michigan held that African-American students have stated valid claims under Title VI and the Fourteenth Amendment against a school...

Can The Attorney Client Privilege Be Asserted If The Putative Attorney Was Not Properly Admitted?

Posted on June 01, 2010
Here is a great law school hypo. Employer hires attorney. The attorney is later fired. Can his former employer assert attorney-client privilege? This is actually not a law school hypo. Rather, this issue is pending in the Southern District of...

E-Mail Sent From Employee's Yahoo Account On Company Computer Protected By Attorney Client Privilege

Posted on June 01, 2010
Do employees have a reasonable expectation of privacy on an employer's computer. We know that the answer is generally no. What if the employee sends an email from his private Yahoo account to his lawyer on that computer? Can the...

Do You Know Why BP Is Willing To Pay All Legitimate Claims? I Do.

Posted on June 01, 2010
BP has established a claims process and has repeatedly indicated in the news media that it will pay "all legitimate claims". Putting aside for the moment what a legitimate claim is, why would a company voluntarily offer to pay millions...

Becker and Pearce Sworn In

Posted on June 01, 2010
This may be a bit of old news. In case readers are not aware, on April 7, 2010 Members Becker and Pearce were sworn in. The 2 Member NLRB decided a total of 595 cases.The issue of whether two Members...

Bar Mitzvah At Yankee Stadium

Posted on May 31, 2010
Well, today is Memorial Day. I thought it would be nice to find a story with a summer theme. The closest I could find was Box Mitzvah. It is a June 1, 2010 ABA News Now story about a lawyer...

MySpace or other social networking sites as a new source of impeaching evidence

Posted on May 31, 2010
Goldman's Observations ran an interesting story about a lawyer using Myspace postings to impeach a witness. The case is Embry v. State, 2010 WL 768755 (Ind. App. Ct. March 8, 2010). This is just another reason why individuals should be...

Lawyer Found In Criminal Contempt And Gets 6 Months In Jail For Contacting Juror

Posted on May 30, 2010
Sometimes you just cannot make these stories up. The ABA Journal Now covered this story here. The court opinion from Florida is available from that link. Mitchell H. Rubinstein

Well Known Management Law Sues His Former Firm For Age Discrimination

Posted on May 30, 2010
The Wall Street Journal Law Blog reported on April 6, 2010 about a well known management labor lawyer who is suing his former firm, Kelly Drye, for age discrimination. Predicitably, the firm is claiming that the partner is not an...

NLRB Issues Nice Primer Decision On Appropriateness of Multi-location Employer

Posted on May 30, 2010
I bring Sleepy's Inc., 355 NLRB No. 21 (March 26, 2010), to your attention because it is a well written decision which nicely summarizes appropriate unit principles. A union petitioned to represent 32 stores in Southwestern Conn. The employer contended...

Interesting Story About Former DA Robert Morgenthau

Posted on May 29, 2010
The ABA Journal ran an interesting story about Robert Morgenthau which readers may find of interest, here. Morgenthau was the Manhattan DA for 35 years and at age 91is of counsel at Wachtell, Lipton, Rosen & Katz in New York...

The Importance of thank you letters

Posted on May 28, 2010
Contributing Editor James Levy who also writes for our sister blog, Legal Writing Prof Blog, wrote an interesting April 5, 2010 story about the thank you letters and law students. He is following up on this column from lawjobs.com called...

2d Circuit Issues Nice Summary of Motion To Dismiss Standards Under Iqbal

Posted on May 28, 2010
I bring Sanders v. Grenadier Realty, Inc, ____Fed. Appx. _____, 2010 WL 605715 (2d Cir. Feb. 22, 2010), because it contains a nice concise summary of the new motion to dismiss standards under Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009)....

2010 Law School Commencement Speakers

Posted on May 28, 2010
Tax Prof Blog, aka Paul Caron, recently posted a large list of commencement speakers at law schools. You can find the list here. The first twelve on the list are as follows: Albany: Richard Wesley (Judge, U.S. Court of Appeals...

NLRB Issues Advisory Opinion Asserting Jurisdiction Over a Combined Race Track Casino

Posted on May 28, 2010
Yonkers Raceway, 355 NLRB No. 35 (May 24, 2010), is a rare advisory opinion issued by the NLRB. It is also one of the first cases that Craig Becker was on. In a nutshell because Yonkers Raceway is not just...

Recruiting Gay College Students

Posted on May 27, 2010
Finding a Gay-Friendly Campus is an interesting April 8, 2010 New York Times article that I just noticed. It is about how several colleges are openly and expressly recruiting for gay students. Of course, finding a school that a student...

Witness Named, But Not Called Protected From Retaliation

Posted on May 27, 2010
Noho Star, Inc. v. NYS Division of Human Rights, ___A.D3d___(1st Dep't. April 6, 2010), is an interesting case. The case involves the discharge of cook. However, I bring it to your attention to highlight that a witness who was named,...

Ankle bracelet and breathalyzer technology

Posted on May 27, 2010
Lohan's ankle bracelet has breathalyzer technology is an interesting May 25, 2010 AP article that was picked up by Yahoo News. What attracted me to this article was the fact that ankle bracelets now can detect if a person has...

Part-time service may affect eligibility for Jarema credit for the purposes of determining satisfying probationary service requirements

Posted on May 27, 2010
Decisions of the Commissioner of Education, 14,557, MacDonald and the North Tonawanda City School District, Decisions of the Commissioner of Education, 14,557 Arthur G. McDonald served as a tenured music teacher with the Kenmore-Tonawanda Union Free School District until June...

Soon To Be Justice Kagan Was Not A Straight A Student

Posted on May 26, 2010
A B Minus? The Sock! The Horror is an interesting May 24, 2010 New York Times article. It recounts how soon to be Justice Kagan was not a straight A student. She even got a B minus in her first...

The New York University Center for Labor and Employment Law will present its 63rd Annual Conference on Labor on June 3-4, 2010.

Posted on May 26, 2010
Resolving Labor and Employment Disputes: A Practical Guide Cosponsored with Cornell University School of Industrial and Labor Relations & St. John's University School of Law Program Details Registration Information I go to this conference every year and it is wonderful...

Using stipulated records in support of claims and defenses before an PERB Administrative Law Judge urged by PERB

Posted on May 26, 2010
Matter of Niagara Charter School, PERB Case U-27727 Source: PERB Staff reports The Board remanded this case to an Administrative Law Judge for further processing aimed at clarifying the stipulated record with respect to an improper practice charge alleging that...

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