Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Friday, July 25, 2014

University of Arkansas at Little Rock Law Review Goes Green

The University of Arkansas at Little Rock Law Review announces its transition to online publication here.  I would expect more law reviews will make this move as law schools look for cost savings.

Craig Estlinbaum

July 25, 2014 in Law Schools | Permalink | Comments (0)

Thursday, July 24, 2014

House Bill Would Require 2 Weeks Notice of Change in Work Schedules

There is a Bill pending in Congress which would require that employers give part time workers 2 weeks notice of change to their schedules. Further details can be found here

Mitchell Rubinstein

July 24, 2014 in Legislation | Permalink | Comments (0)

Tuesday, July 8, 2014

Restoring Trust at Yeshiva

Lawrence Cunningham (George Washington) wrote a thoughtful post yesterday at Concurring Opinions about ongoing financial problems at Manhattan's Yeshiva University, home institution to Cardoza Law School.  When the Madoff scandal hit the papers I remember reading that Yeshiva's endowment sustained a significant loss and it seems now that loss foreshadowed the broader troubles the university leadership now faces.  In his blog post, Prof. Cunningham summarizes and critiques Yeshiva's ongoing efforts to change direction and restrore trust in the aftermath.

Cunningham has a new book, Berkshire Beyond Buffett: The Enduring Value of Values, releasing in October from Columbia University Press.  His recent posts at Concurring Opinions on the book's themes, including yesterday's post and an earlier post, "The Babe Ruth of Good Business," have piqued my interest.

Craig Estlinbaum

July 8, 2014 in Blogs, Faculty, Books, Colleges | Permalink | Comments (1)

Thursday, July 3, 2014

Interesting Blog Posting About 7th Circuit Criminal Law Decision

The 7th Circuit issued a recent decision addressing the definition of sexual activity under a criminal law statute. Some readers may find this blog posting  (which discusses this case) of interest because of Judge Posner's statutory construction analysis. 

 Hat Tip: Melissa Baduria

Mitchell H. Rubinstein

July 3, 2014 in Criminal Law | Permalink | Comments (0)

Wednesday, July 2, 2014

Call For Papers National Center for the Study of Collective Bargaining in Higher Education

Professor Bill Herbert (CUNY) writes to inform us of a call for papers by the National Center for the Study of Collective Bargaining in Higher Education. The conference will be held in April 2015. I have been to their conferences. It is one of the best interdisciplinary conferences. More details can be found in the announcement, here.  Download Call For Papers and Proposed Workshops 2015 National Center Conference pdf

Mitchell H. Rubinstein

July 2, 2014 in Law Review Articles | Permalink | Comments (0)

Tuesday, July 1, 2014

NKU Chase: Digital Evidence Symposium

From the NKU Chase Law + Infomatics Institute website:

The Northern Kentucky Law Review and NKU Chase College of Law seek submissions for the fourth annual Law + Informatics Symposium on February 26-27, 2015. The conference will provide an interdisciplinary exploration of digital information in the courtroom, including the importance of insuring that such information is reliable, resilient, and uncompromised.

The symposium is an opportunity for academics, practitioners, consultants, and students to exchange ideas and explore emerging issues regarding digital forensics and the rules of evidence and discovery in criminal and civil cases.

The full release is here.

Suggested topics include digital forensics, constitutional issues, digital evidence in the courtroom, international and comparative law, e-discovery and emerging issues.  The most immediate deadline is September 1, 2014 for abstracts.

Craig Estlinbaum

July 1, 2014 in Conferences, Faculty, Law Review Articles, Technology | Permalink | Comments (0)

Employee in Process of Getting Divorce Protected From Marital Status Discrimination

In a major ruling, the NJ Appellate Division held that an employee who was going through a divorce stated a cause of action for marital status discrimination. Smith v. Millville, (June 27, 2014). As the court explained:

        "Marital status" necessarily embraces stages preliminary to
        marriage — one's engagement to be married. The term also covers
        stages preliminary to marital dissolution — separation and
        involvement in divorce proceedings. The apparent purpose of the
        ban on marital-status-based discrimination is to shield persons
        from an employer's interference in one of the most personal
        decisions an individual makes — whether to marry, and to remain
        married. 

This is an important issue. Law review commentary on this most important topic would be most welcome.

Mitchell H. Rubinstein

July 1, 2014 in Employment Discrimination, Law Review Ideas | Permalink | Comments (0)

Monday, June 30, 2014

Supremes Decide Harris v. Quinn

The Supreme Court just issued its 5-4 decision in Harris v. Quinn. The Court upholds Abood,  a First Amendment decision which upheld agency fee statutory requirements. However, the court refuses to extend that precedent to the quasi-employees in Harris. Law review commentary would be most welcome.

Mitchell H. Rubinstein

June 30, 2014 in Law Review Ideas, Public Sector Labor Law | Permalink | Comments (0)

Markle: The Supreme Court and Law Reviews

Dan Markle at PrawfsBlawg, writes:

Every now and then, law reviews take heat for being not just turgid and boring but useless as well. Given that widespread lament, it's worth noting how frequently recent Supreme Court opinions have been drawing on law reviews -- and I'm not just talking about yesterday's cite to a certain Professor Elena Kagan.

Professor Markle goes on to list several cases with one or more law review cite.

Craig Estlinbaum

June 30, 2014 | Permalink | Comments (0)

Friday, June 27, 2014

No Limits on Soda Size in NYC

New York's highest state court, the Court of Appeals, rejected the city's ban on sodas larger than 16 ounces yesterday.  The case, New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health and Mental Hygiene, No. 134 (N.Y., June 26, 2014) begins:

We hold that the New York City Board of Health, in adopting the "Sugary Drinks Portion Cap Rule", exceeded the scope of its regulatory authority.

The New York Times' Michael M. Grynbaum has a story here.

Craig Estlinbaum

June 27, 2014 in Administrative Law, Food and Drink, Interesting Cases, New York Law | Permalink | Comments (0)

Wednesday, June 25, 2014

MO: Injury By Flying Hot Dog Is Not An "Inherent Risk" Of Watching A Baseball Game

Courts have regularly held that flying or tossed baseballs and broken bats entering the spectator area during competition are an inherent risk of the sport.  Where spectators have been injured by such objects during competition, courts in subsequent litigation usually employ a limited duty rule applied to the ballpark operator.  E.g., Edward C. v. City of Albuquerque, 241 P.3d 1086 (N.M. 2010) (deciding that "a spectator must exercise ordinary care to protect himself or herself from the inherent risk of being hit by a projectile that leaves the field of play and the owner/occupant must exercise ordinary care not to increase that inherent risk").

But what about flying hot dogs?  A spectator at a Kansas City Royals baseball game alleged he sustained injuries to his eye when he was struck by a flying hot dog tossed by the Royals' mascot during a promotion.  The jury found for the Royals, but yesterday, the Missouri Supreme Court reversed citing jury instruction error and remanded the case for a new trial.  That court held:

In the past, this Court has held that spectators cannot sue a baseball team for injuries caused when a ball or bat enters the stands. Such risks are an unavoidable – even desirable – part of the joy that comes with being close enough to the Great American Pastime to smell the new-mown grass, to hear the crack of 42 inches of solid ash meeting a 95-mph fastball, or to watch a diving third baseman turn a heart-rending triple into a soul-soaring double-play. The risk of being injured by Sluggerrr’s hotdog toss, on the other hand, is not an unavoidable part of watching the Royals play baseball. That risk is no more inherent in watching a game of baseball than it is inherent in watching a rock concert, a monster truck rally, or any other assemblage where free food or T-shirts are tossed into the crowd to increase excitement and boost attendance.

Accordingly, Coomer’s claim is not foreclosed by the assumption of the risk doctrine.

The case is Coomer v. Kansas City Royals Baseball Corp., No. SC-93214 (Mo., June 24, 2014).

Craig Estlinbaum

June 25, 2014 in Games, Interesting Cases, Sports, State Law | Permalink | Comments (0)

Sunday, June 22, 2014

House to Hold Hearings on NLRB

Nlrbseal

On Tuesday, June 24, 2014 beginning at 10:00 a.m., House Republicans will hold their latest oversight hearing on the National Labor Relations Board.  Titled “What Should Workers and Employers Expect Next from the National Labor Relations Board,” the hearing will feature three witnesses chosen by Republicans and one chosen by Democrats.  AFL-CIO Associate General Counsel Jim Coppess will be the Democrats’ witness.  For more information and to watch a webcast of the hearing go to:

http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=384699

June 22, 2014 in NLRB | Permalink | Comments (0)

Monday, June 16, 2014

California Court Strikes Several Teacher Tenure Statutes

In case you have not seen it, a lower court in California struck down, on constitutional grounds, several provisions involving teacher tenure. Vergara v. California (Calif Superior Court, June 10, 2014). Frankly, I have never seen such a poorly written decision. The decision appears to be drafted by a law student. It is written in conclusionary form and does not contain very much analysis which supports its conclusion. 

Though this appears to be a political, rather than legal decision, it has caused much public debate.

Law review commentary would be most welcome.

Mitchell H. Rubinstein

June 16, 2014 in Law Review Ideas, Public Sector Labor Law | Permalink | Comments (0)

Saturday, May 31, 2014

Interesting Article About Harris v. Quinn Pending Supreme Court Case

For those of you whom do not know, there is an extremely important public sector labor law case due out any day from the Supreme Court. It is Harris v. Quinn and it concerns the issue of whether employees could be compelled to pay union dues even though they choose not to join the union. An interesting LA Times article which summarizes the issues is available here.

Mitchell H. Rubinstein

May 31, 2014 in Public Sector Labor Law | Permalink | Comments (3)

Friday, May 30, 2014

Employee Who Resigns Because of Sexual Harassment is Eligible for Unemployment

Matter of Gascon, ___A.d. 3d ___(3rd Dep't. May 29, 2014), is an interesting case. As we all know, if an employee resigns, he is not eligible for unemployment. But, what if he or she resigns because of sexual harassment. Such employees would be eligible for unemployment. As the court stated:

        Whether a claimant has left employment for good cause so as to qualify for unemployment         insurance benefits is a factual issue to be resolved by the Board and its determination will be         upheld if supported by substantial evidence (see Matter of Petrov [Bragard Inc.Commissioner         of Labor], 96 AD3d 1339, 1339 [2012]; Matter of Garside [Commissioner of Labor];, 73 AD3d         1420, 1420 [2010]). Based upon claimant's testimony concerning various and continuing         incidents  of sexual harassment by the owner and, in particular, a final incident that         precipitated         her departure  from employment, we find that the record contains         substantial [*2]evidence   supporting the Board's  determination (seeMatter of Grace     [Astrocom Elecs., Inc.—Commissioner          of Labor];, 69 AD3d 1156, 1157 [2010]; Matter of     Braband [RF Tech.—Sweeney];, 239 AD2d 627, 628 [1997]). Although  the owner denied         engaging in the conduct alleged by claimant, and the  employer provided statements of         other employees indicating that they had no knowledge of the allegations of sexual         harassment, this evidence presented a credibility determination for the  Board to resolve . . 

 

May 30, 2014 in Labor Law, New York Law | Permalink | Comments (0)

Wednesday, May 21, 2014

Key State Committee Rejects Proposed Charleston Law School Sale

The Committee on Academic Affairs and Licensing for South Carolina on Monday voted against the proposed sale of Charleston Law School to InfiLaw, a private, for-profit education concern.  The final up-or-down vote will be made later by the state's Commission on Higher Education.  The commission will consider the committee's decision in that final vote.

More on this development can be found here and here.   Paul Caron at TaxProfBlog has been following the proposed sale closely as well.

Craig Estlinbaum

May 21, 2014 in Law Schools | Permalink | Comments (0)

Friday, May 9, 2014

Wikipedia as Legal Authority

If you are wondering whether or not it is a good idea to cite Wikipedia in an appellate brief, this Above the Law post on the subject might be as good a starting place as any.

Craig Estlinbaum

May 9, 2014 in Legal Research, Procedure, Web/Tech | Permalink | Comments (0)

Tuesday, May 6, 2014

Please Consider Donation To Support Organ Donation and Save Lives

As readers to this blog and my friends all know, in 2011 my youngest daughter Linda (just 16 yesterday) received a Kidney donation which saved her life. The Kidney came from the National Donate Life organization from a child who died in a traffic accident. In New Jersey, where we lived, the affiliated organization is known as the New Jersey Sharing Network. We will always be greatful to this family. 

Each year, my oldest daughter Mollie (just 18) serves as the Captain of Linda's Home Team (named by Linda) which participates in an annual run/walk and raises money through donations. You can learn more about the run/walk, which will be held on June 6, 2014 in Northern N.J., join our team or simply make a donation by clicking here. On this page, you will also see pictures of my two lovely daughters whom I am so proud of. 

Please consider helping out. Any amount would be appreciated and 100% of your donation goes to a great cause. 

Finally, if you cannot contribute consider becoming an organ doner. The easist way to do this is to contact your local DMV.

Thank you,

Mitch

 

May 6, 2014 in Misc., Non-Legal | Permalink | Comments (0)

Wednesday, April 30, 2014

New Mexico Law Review: Call for Papers

Tulsa Law Review: Book Review Issue

Tulsa Law Review has published its fourth issue dedicated to book reviews.  The issue includes 25 book reviews.   As far as I know, Tulsa is the one of just two student-edited law journal dedicating one issue each year to book reviews -- Michigan Law Review is the other (MLR's current book review issue is here).  The book review has fallen into recent disfavor among student-edited journals, leading to commentary both in law reviews and in blogs.  Tulsa Law Review is ably doing its part to stem or reverse this trend.

Acknowledgement:  Daniella Citron (Maryland) at Concurring Opinions

Craig Estlinbaum

April 30, 2014 in Book Reviews, Law Review Articles | Permalink | Comments (0)