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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

Does Being An Adjunct Help You Get A FT Law Professor Job

Posted on March 25, 2010
In a word. NO. An excellent article discussing this issue published by AALS is available here. I know this does not make sense, but it is what it is. Mitchell H. Rubinstein

Forthcoming book suggests the internet is inhibiting our ability to engage in deep thought

Posted on March 24, 2010
A new book due out this June by Nicholas Carr called "The Shallows: What the Internet is Doing to Our Brains" argues that the internet is causing our brains to rewire themselves in a way that fosters superficial thinking and...

Online Defamation

Posted on March 24, 2010
Online Defamation and Anonymous Defendants is an interesting Feb. 5, 2010 New York Law Journal article. (registration required). It is about the difficulty in suing anonymous defendants, particularly if the alleged defamation occurred online. The article states in part: To...

Legislators Move To Limit Cell Phones And Texting

Posted on March 24, 2010
Lawmakers Want To Limit Txt Msgs and E-mail is an interesting March 20, 2010 article from the Washington Post. In my day, teachers use to police school rules forbidding hats and baseball caps in school. Now, teachers have to prevent...

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Is Justice Stevens About To Retire??

Posted on March 24, 2010
Obama Ready To Fill Slot If Stevens Retires is an excellent March 22, 2010 article from the National Law Journal. (registration required). Supreme Court pundits will want to check it out. Mitchell H. Rubinstein

District was justified in disciplining student for off-campus online speech because it reasonably forecast speech would cause substantial disruption in school

Posted on March 24, 2010
J.S. v. Blue Mountain Sch. Dist., ____F.3d____ (3d Cir. Feb. 4, 2010), is another important First Amendment case involving student discipline. In a 2-1 split, the Third Circuit ruled that a Pennsylvania school district did not violate a student?s free...

Survey shows adjuncts are dedicated to teaching despite poor working conditions

Posted on March 23, 2010
There's nothing earth-shattering about the findings of this recent, national survey by the American Federation of Teachers: Adjuncts teach for the love of it despite poor working conditions. The survey showed that among the 500 respondents, only 28% had health...

Fantasy Supreme Court

Posted on March 23, 2010
You have heard of fantasy football and fantasy baseball where individuals have fantasy teams which play against one another. Well, now there is fantasy Supreme Court where individuals can predict how the Court will rule. The web site is here....

Disciplinary arbitrator has jurisdiction to hear a defense based on CSL �75-b, the Whistle Blower statute

Posted on March 23, 2010
Matter of Kowaleski v New York State Dept. of Correctional Servs., 61 AD3d 1081 NYS Correction Officer Barbara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of...

National Law Journal Article On Two Member NLRB

Posted on March 23, 2010
NLRB Vacancies Create High Court Vacancy is an excellent March 22, 2010 article about the pending Supreme Court case dealing with the legality of two Member NLRB decisions which we have extensively covered. The case previews the issues and discusses....

District violated student?s free speech rights when it disciplined him for non-disruptive off-campus online speech

Posted on March 23, 2010
Layshock v. Hermitage Sch. Dist., ____F.3d___ (3d Cir. Feb. 4, 2010), is an important case involving the First Amendment rights of students.In a unanimous decision, the Third Circuit ruled that a Pennsylvania school district violated the free speech rights of...

Article on Special Education

Posted on March 22, 2010
Special Education Law is an interesting Feb. 10, 2010 New York Law Journal article (registration required). The article provides an overview of special education law and focuses on the need for lawyers who are involved in divorce to be aware...

School board has broad discretion with respect to initiating disciplinary action against its members or employees of the district

Posted on March 22, 2010
Appeal of Peter And Francesca Gonzalez, on behalf of their daughter Nilli, from action of the Board of Education of the Middleburgh Central School District, Decisions of the Commissioner of Education, Decision No. 15,900 Peter And Francesca Gonzalez appealed various...

Utah district bans visible tattoos, facial piercings for teachers during work hours

Posted on March 22, 2010
In January 2010 a Utah School District changed its dress code to ban visible tattoos and facial piercings during work hours. Four other area school districts do not ask their teachers to cover up tattoos or remove piercings when at...

So What Are The Best Smart Phones For Lawyers??

Posted on March 22, 2010
On March 21, 2010, the Today Show, here, ran a piece on the best smart phones. So what are the best smart phones for lawyers. My view is the phone must: 1. Be a good phone 2. Have push email...

Receipt of an arbitration award starts the 90-day statute of limitation for an appeal*

Posted on March 21, 2010
Matter of McRae v New York City Transit Authority, 39 A.D.3d 861, leave to appeal dismissed, 9 N.Y.3d 945 The Appellate Division dismissed Curtis McRae?s petition seeking to vacate an arbitration award dated December 28, 2004 as untimely. The court...

Employee terminated after violating employer?s policy barring accessing sexual materials via the Internet while at work

Posted on March 21, 2010
Pacenza v. IBM Corp., 09-2025-cv (2nd Cir. 2-2-2010)[This case is not listed for publication.] James C. Pacenza, Sr., commenced this action under The Americans with Disability Act of 1990 ("ADA"), the Age Discrimination in Employment Act of 1967 ("ADEA"), and...

Article On Forest Grove Supreme Court Case

Posted on March 21, 2010
Special Education Reimbursement After Forest Grove (registration required) is an interesting Feb. 2, 2010 NYLJ article which caught my eye because we just covered this decision in my Education Law class. Forest Grove is important because the Court held that...

Parents who enroll their child in a private school for reasons unrelated to educational issues associated with his identifiable disability are not entitled to reimbursement for private school tuition under IDEA

Posted on March 21, 2010
A federal district court has ruled that the equities do not support reimbursing parents for their child?s private school tuition under the Individuals with Disabilities Education Act (IDEA) when the parents enrolled the student based on drug abuse and behavior...

School Law Jobs

Posted on March 20, 2010
School Law Jobs Job Title Employer Job Location Counsel II Schools Legal Service Bakersfield, California General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los...

Teaching assistant alleges she was improperly laid off as she was not the least senior individual under the terms of a "memo of understanding"

Posted on March 20, 2010
Appeal of Sarah T. A. McCart, Decisions of the Commissioner of Education, Decision No. 16,010 The Hoosick Falls Central School District laid off Sarah T. A. McCart from her position as a teaching assistant. McCart appealed, contending that she should...

Simply Apology Ends Defamation Lawsuit

Posted on March 19, 2010
Apology Ends Defamation Lawsuit is an interesting March 17, 2010 article from Inside Higher Education. It discusses a complicated and high profile defamation case involving two college professors as well as statements about their union. I bring it to your...

Social Networking Judges and Attorneys??

Posted on March 19, 2010
Pitfalls of Social Networking for Judges is an excellent March 16, 2010 New York Law Journal article by Mark Strutin (registration required). The article highlights issues that Judges and attorneys may face if they engage in social networking. Obviously, a...

Washington state middle school students facing felony charges in ?sexting? incident

Posted on March 19, 2010
Three Middle School students were formally charged in juvenile court with felonies stemming from a "sexting" incident in which they allegedly sent nude photos of a 14-year-old girl via their cell phones, according to the News Tribune. Copies of the...

Discharge For Accessing Pornographic Web sites Is Disqualifying Misconduct For Unemployment Purposes

Posted on March 19, 2010
It is too late in the day to argue that viewing porn at work is not misconduct. I bring Matter of Park v. Commissioner of Labor, ___A.D. 3d ___ (3rd Dep't. Feb. 4, 2010), for another reason. The reason profferred...

Should universities create separate tracks for teaching profs versus research/scholar profs?

Posted on March 18, 2010
That's the idea floated in this article from Inside Higher Ed called "Different Paths to Full Professor." According to the article, E. Gordon Gee, the president of Ohio State, has been asking whether it's time to reconsider the way tenure...

The Blackberry Lawyer

Posted on March 18, 2010
Virtual Escape is an interesting Feb. 2010 article from the ABA Journal. the article points out that four fifths of lawyers, that's 80%, use a Blackberry or some other smart phone. This is changing the way we practice. Sure we...

Social Networking Legal Work

Posted on March 18, 2010
Tweet Deals is an interesting Feb. 2010 ABA Journal article that highlights the fact that social networking sites such as FACEBOOK are generating legal work in the fields of advertising and marketing fields of law. Presumably copyright and defamation type...

2d Issues Major Retaliation Case In Context of Reverse Discrimination Claim

Posted on March 18, 2010
Hicks v. Baines, ___F.3d___(2d Cir. Feb. 2, 2010), is a major retaliation case decided in the context of a claim of reverse discrimination. In a lengthly and well written decision, the 2d Circuit holds that plaintiff stated a cause of...

Refusal To Accept Offer Of Employment Disqualifies Individual From Unemployment

Posted on March 18, 2010
Matter of Ruiz v. Commissioner of Labor, ____A.D. 3d___ (3rd Dep't. Feb. 4, 2010), demonstrates an important principle of employment law. A claimant cannot unreasonably deny substantially equivalent employment. As the court explained: "A claimant who refuses to accept a...

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