Adjunct Law Prof Blog

7th Will Consider Whether Holding Graduation In A Church Violates Establishment Clause

Reportedly, the 7th Circuit will rehearen banc arguments on whether a Wisconsin high school violated the First Amendment by holding graduation ceremonies in a church. 

Source: Courthouse News Service, 11/21/11, By Joe Celentino

Defamation action based on the publication of a judicial decision fails

 

Panghat v New York State Div. of Human Rights, 2011 NY Slip Op 08475, Appellate Division, First Department

Lijo Panghat, alleging that he had suffered defamation as the result of the New York State Division of Human Rights’ having published of a judicial decision in a related matter on its website, sued the Division in the Court of Claims.

The Appellate Division affirmed the Court of Claims’ dismissing his complaint, commenting that Civil Rights Law §74 prohibits a civil action that alleges injury as a result of "the publication of a fair and true report of any judicial proceeding." Further, said the court, “The privilege under that statute is absolute and applies even in the face of allegations of malice or bad faith.”

Civil Rights Law §74 grants certain privileges in situations involving an action for libel. The section provides that “A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published.”

 

§74, however, states that it “does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding which was not a part thereof.”

Reprinted by permission New York Public Personnel Law

Mitchell H. Rubinstein

Colorado district’s decision to limit transgender student to use of staff restrooms sparks debate over equal educational opportunities policy

A Colorado High School transgender student, who was born male but identifies as female, was told that she can only use the staff restrooms at the school, reports the Coloradoan. The student in question, argues she should have the same rights as any student to use the bathroom of her choice.

Source: Coloradoan, 11/16/11, By Sarah Jane Kyle

Mitchell H. Rubinstein

Lockouts In the News

More Lockouts As Companies Battle Unions is an interesting New York Times article by Steven Greenhouse. It is about increased use of offensive lockouts by employers who then turn around and hire temporary replacement workers. As the article states:

The number of strikes has declined to just one-sixth the annual level of two decades ago. That is largely because labor unions’ ranks have declined and because many workers worry that if they strike they will lose pay and might also lose their jobs to permanent replacement workers.

Lockouts, on the other hand, have grown to represent a record percentage of the nation’s work stoppages, according to Bloomberg BNA, a Bloomberg subsidiary that provides information to lawyers and labor relations experts. Last year, at least 17 employers imposed lockouts, telling their workers not to show up until they were willing to accept management’s contract offer.

Mitchell H. Rubinstein

 

The Discipline Book (2012 edition)

Harvey Randall, a good friend to this blog who we often cite, New York Public Personnel Law, and Eric Randall, just published a 2012 edition to their wonderful book on employee discipline. The book is available for purchase  here. We have reviewed earlier editions of this book and it is better than ever. The book now spans over 1500 pages and is full of up-to-date cases. The book is only available as an E-Book which means that you download it. This also means that it is fully searchable in MS Word. 

The book remains the only comprehensive work which examines New York public employment law and is one of those "must have" books for lawyers, union and management officials as well as professors who teach in this area. To give you an idea of the breadth of this work, the Table of Contents is reproduced below:

 

Table of Contents

INTRODUCTION

CHAPTER 1
DUE PROCESS RIGHTS OF EMPLOYEES

Part One: Who is entitled to due process?

1.01 Due process rights depend on appointment status and jurisdictional classification
1.02 Who is entitled to due process?
1.03 Who has no due process rights?
1.04 Due process rights under Section 3020-a
1.05 The concept of tenure
1.06 “Permanent” appointments, probation and tenure in the competitive class
1.07 Permanent vs. probationer vs. provisional
1.08 Probationers’ due process rights
1.09 Temporary and provisional appointments
1.10 Jurisdictional misclassification
1.11 Budgetary classification irrelevant to due process rights of employees
1.12 Rights of employees of quasi-government entities
1.13 Veterans’ due process rights

Part Two: Forms of due process

1.14 Impartial tribunals
1.15 Specificity of charges
1.16 Immunity from discipline
1.17 Right to pre-determination hearing
1.18 Ambiguity of language in Taylor Law agreements
1.19 Right of appeal and timeliness
1.20 Absence from hearings
1.21 Notice of hearings
1.22 Name-clearing hearings
1.23 Due process and optional hearings
1.24 Removal by operation of law
1.25 Suspension without pay
1.26 Authority to discipline
1.27 Pending criminal matters
1.28 Double jeopardy
1.29 Civil rights
1.30 First Amendment rights
1.31 Freedom of information
1.32 Public hearings
1.33 Disciplinary action based on pre-employment misconduct

CHAPTER 2
CONDUCTING AN INVESTIGATION

2.01 Overview: Disciplinary investigations
2.02 Handling complaints
2.03 Anonymous allegations
2.04 Fairness in investigations
2.05 Interviewing employees
2.06 Refusal to answer questions
2.07 Free speech
2.08 Self-incrimination and immunity
2.09 Lying by employees
2.10 Statute of limitations on discipline
2.11 Legal representation during investigations
2.12 Suspension with or without pay
2.13 Affect of criminal actions on suspensions
2.14 Impact of criminal action on disciplinary action, generally
2.15 Voluntary resignations
2.16 Issuing subpoenas, recording evidence
2.17 Informants
2.18 Evidence
2.19 Recording investigation findings
2.20 Record-keeping
2.21 Defamation of employees

CHAPTER 3
EVIDENCE

3.01 Forms of evidence
3.02 Hearsay evidence
3.03 Standard of proof: criminal vs. disciplinary hearing
3.04 Standard of proof, Section 75
3.05 Standard of proof, Section 3020-a
3.06 Effect of criminal conviction or dismissal on discipline
3.07 Testimony by the accused
3.08 Best evidence rule
3.09 Tainted evidence
3.10 Confessions and coercion
3.11 Competent and incompetent witnesses
3.12 Opinion evidence
3.13 Foundation for testimony
3.14 Credibility of witnesses
3.15 Conflicting evidence
3.16 Employee surveillance
3.17 Judicial notice
3.18 Disclosure of personal records
3.19 Unsealing criminal records
3.20 Standard of conduct
3.21 Admissions
3.22 Source of documentary evidence
3.23 Privileged communications
3.24 Using polygraph tests in disciplinary actions
3.25 Pitfalls for that a hearing officer must avoid

CHAPTER 4
PROPOSING A PENALTY

4.01 The Pell standard
4.02 Court review
4.03 Lawful penalties
4.04 Recommending penalties
4.05 Using the individual’s employment history in disciplinary action
4.06 Indemnification
4.07 Expiration of the penalty
4.08 Whistleblower protection
4.09 Determining the penalty to be imposed
4.10 Due Process and Progressive Discipline
4.11 Substantial Evidence
4.12 The Pell Standard of Fairness
4.13 Reasons Courts Reject Penalties
4.14 Violations of the Pell standard
4.15. Penalty: reprimand
4.16 Loss of leave credits and other alternative penalties
4.17 Penalty: fine
4.18 Penalty: suspension
4.19 Penalty: demotion
4.20 Time and attendance issues
4.21 Examples of penalties imposed

CHAPTER 5
OBLIGATIONS OF EMPLOYERS AND UNIONS
UNDER NEGOTIATED DISCIPLINARY PROCEDURES

5.01 Notice of discipline
5.02 The “Bill of Rights” in contracts
5.03 Absence from work during disciplinary activities
5.04 Duty of fair representation
5.05 Procedures under contracts
5.06 Reassignments
5.07 Settlement
5.08 Pre-hearing suspensions

CHAPTER 6
FILING CHARGES UNDER Section 75

6.01 Key procedural elements
6.02 Charges must be specific
6.03 Employee must receive opportunity to respond
6.04 Right to union representation
6.05 Statute of limitations
6.06 Serving charges
6.07 Pitfalls to avoid
6.08 Criticism is not discipline
6.09 Admission of guilt difficult to retract
6.10 Pending criminal charges
6.11 Choice of law

CHAPTER 7
FILING CHARGES UNDER Section 3020-a

7.01 Statute of limitations
7.02 Need for investigatory report regardless of merit of allegations
7.03 Risk of libel or slander as a result of investigatory report
7.04 Name-clearing hearings
7.05 Pitfalls to avoid
7.06 Criticism is not discipline
7.07 Procedures in filing charges
7.08 Use of school attorney
7.09 Verdict shopping
7.10 The Section 3020-a process
7.11 Informing the Commissioner
7.12 Hearing panel members
7.13 Pre-hearing conferences
7.14 Characteristics of arbitration

CHAPTER 8
SUSPENDING EMPLOYEES PENDING A HEARING

8.01 Suspension without pay – general considerations
8.02 Suspensions with pay, Sections 72 and 75
8.03 “Emergency” Suspensions
8.04 Suspension without pay, generally
8.05 Suspension without pay of unlicensed individual
8.06 Suspension without pay in the event of postponement of disciplinary proceeding
8.07 Suspension of a school superintendent
8.08 Unpaid suspension past 30 days: Conflict with local law
8.09 Suspension without pay, medical
8.10 Suspension without pay
8.11 Effect of criminal actions on suspensions
8.12 Mitigation of damages
8.13 Taxation of a settlement
8.14 Recoupment of cash advances
8.15 Bad faith
8.16 Employment contracts
8.17 Suspension with pay, pending criminal action
8.18 Reassignment pending discipline
8.19 Suspension without pay failure to report to work
8.20 Repayment of salary after being continued on the payroll

CHAPTER 9
PENDING CRIMINAL ACTIONS

9.01 Simultaneous prosecution
9.02 Acquittal of criminal charges does not bar disciplinary action
9.03 Criminal conviction bars administrative acquittal of the same charge
9.04 Use of disclosures in criminal trials
9.05 Probationers and criminal charges
9.06 Reinstatement after acquittal
9.07 Settlement to avoid prosecution
9.08 Administrator’s immunity
9.09 Collateral estoppel
9.10 Disclosure of records

CHAPTER 10
PREPARING FOR A HEARING

10.01 The settlement option
10.02 Selecting a hearing officer
10.03 Pre-hearing legwork
10.04 A pre-hearing checklist
10.05 Hearing in absentia
10.06 Leave to attend hearing
10.07 Mitigation of damages in cases of acquittal
10.08 Taxation of a settlement
10.09 Independent review of facts
10.10 Considering material in a post-hearing brief submitted by a party
10.11 Stay of arbitration

CHAPTER 11
APPEALS

11.01 Who may appeal?
11.02 What may appeals concern?
11.03 What standards apply in appeals?
11.04 Forums for appeal
11.05 Challenging a Section 75 decision
11.06 Challenging an arbitration award
11.07 Biased hearing officers
11.08 Deadlines for appeal
11.09 Timely and untimely appeals
11.10 Outcomes of appeals
11.11 Vacating or modifying penalties: The Pell Standard
11.12 Back pay and benefits
11.13 Statute of limitations
11.14 Back salary

CHAPTER 12
NON-DISCIPLINARY TERMINATIONS

12.01 Termination for disability
12.02 Section 73 pre-termination due process requirements
12.03 Arbitrating Section 71 and Section 73 terminations
12.04 Other provisions of law
12.05 Considering disability claims
12.06 Termination of a probationary employee

CHAPTER 13
TERMINATIONS WITHOUT A HEARING

13.01 Necessity of a license
13.02 Removal by operation of law
13.03 Disqualification for employment because of a criminal conviction
13.04 Irrelevance of criminal history
13.05 Removal after convictions
13.06 Contract violation
13.07 Denial of equal protection?
13.08 Employees-at-will
13.09 Withdrawing resignations
13.10 Name-clearing hearings
13.11 Noncompetitive class employees
13.12 Disqualification, Section 50.4 CSL
13.13 Nature of the offense
13.14 Violation of oath of office
13.15 Reversal of felony conviction

CHAPTER 14
REDRESS AND REMEDIES

14.01 Delays in reinstatements
14.02 Back pay
14.03 Reinstatement

CHAPTER 15
DRUGS, DRUG TESTING AND DISCIPLINE

15.01 Reasonable suspicion
15.02 Pre-employment testing
15.03 Due process guidelines
15.04 Guidelines on employee privacy
15.05 Observer’s presence during testing
15.06 Drug testing and collective bargaining
15.07 Penalties
15.08 Refusal to participate in a drug treatment program
15.09 Libel and slander
15.10 The ADA and human rights laws

CHAPTER 16
SOME SPECIAL PROVISIONS OF LAW

CHAPTER 17
PROVISIONAL AND PROBATIONARY EMPLOYEES

17.01 Tenure of provisionals by operation of law
17.02 Tenure
17.03 Reviewing probationary employee terminations
17.04 “Permanent probationers”
17.05 Standard of review
17.06 Bad faith determinations
17.07 Separation pay for probationary teachers
17.08 Disciplinary probation
17.09 Light duty and probationary requirements
17.10 Drug use and probation
17.11 Probation and alcoholism
17.12 Probation and stress
17.13 Extension of probation: modified duty
17.14 Traineeships
17.15 Extensions of the probationary period
17.16 Attaining permanent status
17.17 Date of permanent appointment and traineeships
17.18 Non-competitive class employees
17.19 Good faith determinations concerning probationary service
17.20 Notice of termination
17.21 Second probationary periods
17.22 Good faith probationary decisions
17.23 Name-clearing hearings
17.24 Tenure by operation of law
17.25 Transition from probationer to tenured
17.26 Suspension of a probationer
17.27 Rights under a Taylor Law agreement
17.28 Distinguishing between temporary and provisional appointment

CHAPTER 18

Case Summaries

Special Supplements

The “letter of agreement” from NYC Department of Education Chancellor Klein to UFT President Michael Mulgrew concerning disciplinary actions taken against New York Department of Education personnel pursuant to §3020-a of the Education Law.

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Education Law Section 3020-a - Timetable & Forms

Mitchell H. Rubinstein

 

Academic Search Engines

For those of you who have missed it, Google Scholar allows you to research cases and Google Citations allows you to keep track of who is citing your publications. Now, Microsoft is getting into the Act. Microsoft Academic searches scholarship. Unfortunately, they do not search legal publications. 

Mitchell H. Rubinstein

The Changing Face of Unions

Redefining the Union Boss is an interesting Nov. 19, 2011 New York Time article. It highlights Susan Pope, who is the first woman to ever woman to run for President of the Teamsters. So are unions changing? Unions are simply a reflection of society. Society is becomming more white collar so I would expect more female union leaders. The Teamsters are certainly not a white collar workforce. Any time leaders such as Ms. Pope want to get involved, that is a great thing.

Mitchell H. Rubinstein 

School Law Jobs

School Law Jobs
Job Title	Employer	Job Location
Legislative Counsel	Americans United for Separation of Church and State	Washington, D.C.
Associate	Scheuer, Yost & Patterson	Santa Fe, New Mexico
General Counsel	Victory Education Partners	New York, New York
Senior Staff Attorney	National School Boards Association	Alexandria, VA

 

A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim

 

Miller v City of New York, 2011 NY Slip Op 08495, Appellate Division, First Department

In cases where the conduct complained encompasses a New York City Department of Education’s employee’s scope of his or her public employment, a notice of claim in accordance with Education Law § 3813[2] and General Municipal Law § 50-i is required as a condition precedent to commencing an action against the employee of the New York City Department of Education [DOE].

In an action that, in effect, claimed a tortious interference with contractual rights, the Appellate Division that Adam Miller did, in fact, filed a notice of claim which described in detail the time, place and manner of the conduct by DOE’s employee that allegedly interfered with his tenure rights and continued employment with the DOE, as well as his ability to enter into employment with other schools.

Citing DeLeonibus v Scognamillo, 183 AD2d 697, the Appellate Division said that although Miller had not used the words "tortious interference with contract," a notice of claim does not have to set forth a precise legal theory of recovery.

All that is required is that the notice of claim described in “sufficient detail the time, place and manner of the occurrence and a plaintiff's damages to advise the City of the basis for the claim so as to provide it with an opportunity to investigate” the allegations.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08495.htm

Reprinted by permission New York Public Personnel Law

Mitchell H. Rubinstein

 

Is Apple Taking Aim At Textbooks Next???

The Huffington Post reports that Apple is introducing a new application to read textbooks. Significantly, this appears to apply to all textbooks-not just college and graduate school. As the article states:

With that, Schiller introduced iBooks 2 and all of its new enhancements for studying. The free application comes with the ability to highlight important passages, view 3D models, videos and images, make flashcards, look up words in the dictionary within the application, search through the book and more. The application is free to download in the iTunes store

With iBooks 2, Apple announced that its first textbooks would be available immediately for $15. The high school texts will initially come from publishing partners Pearson, McGraw-Hill and Houghton Mifflin, representatives of which were all in attendance at the event.

Maybe my age is showing, but I just can't seem to concentrate as well when I read a long text on my computer even where I can highlight it. However, although I am not an Apple fan, one cannot discount anything that they do.

Mitchell H. Rubinstein

 

Dissatisfaction With Employment Is Not A Sufficient Reason To Award Unemployment

Matter of Dickey v. Commissioner of Labor, ___A.D3d___ (3d Dep't. Nov. 17, 2011). As the court explained:

Claimant worked for the employer as a meeting planner for only three days. She resigned from her position because the employer insisted that she use her legal name in the performance of her duties, rather than a professional name that she preferred. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant appeals.

We affirm. General dissatisfaction with working conditions has been held to not constitute good cause for leaving one's employment (see Matter of Brookes [Commissioner of Labor], 85 AD3d 1479, 1480 [2011]; Matter of Klarfeld [Commissioner of Labor], 57 AD3d 1031, 1032 [2008]). Claimant here stated that she resigned because she found that the employer's[*2]requirement that she use her legal name was unacceptable. Notably, the employer imposed this requirement to avoid auditing problems, which claimant freely acknowledged. Under these circumstances, we find that claimant left her employment for personal and noncompelling reasons.

Mitchell H. Rubinstein

 

 

Supremes Deny Cert In Widely Watched Student Free Speech Case

On Jan. 17, 2012, here, the Supremes denied cert. in two widely watched student internet free speech cases. Education Week  provides a short summary of these cases and states:

The appeal in Blue Mountain School District v. Snyder (No. 11-502) involves a 3rd Circuit decision that said students who ridiculed their principals online could not be punished by school authorities because the speech was created off campus and did not substantially disrupt schools.

The 3rd Circuit held in the Blue Mountain case that a Pennsylvania middle school student's 2007 MySpace parody depicting her principal as a sex addict and a pedophile was so outrageous that no one could have taken it seriously.

In a companion case, Layshock v. Hermitage School District, the 3rd Circuit court overturned the discipline of a Pennsylvania high school student who in 2005 had created a fake MySpace profile of his principal on a computer at his grandmother's house. The phony profile played on the principal's purported interest in "big" things, such as smoking a "big blunt," being a "big steroid freak," having stolen a "big keg," and having been drunk a "big number of times."

The 3rd Circuit court found that the profile did not create a substantial disruption in school, and the court rejected the school district's arguments that other facts created a nexus between the parody and the school.

Hat Tip: Legal Skills Prof Blog

Mitchell H. Rubinstein

 

Obama's NLRB Recess Appointments To Be Challenged

Two pro-business groups, including the National Right To Work Foundation, are challenging President Obama's recess appointments to the NLRB. As can be expected, Obama's Justice Department issued a formal opinion which concluded that such appointments were appropriate. A copy of the Justice Department Memo is available here.  

I do not profess to be an expert here, but it seems to me that there is a tension between the advice and consent portion of the constitution with the power to issue recess appointments-particularly where there are back to back recess appointments as in the case of the NLRB. Readers will recall that Craig Becker, whose recess appointment just expired, was appointed last year under a recess appointment. 

Law review commentary on this important issue would be most welcome.

Mitchell H. Rubinstein

Hat Tip: Workplace Prof Blog

NLRB Issues Major Decision On Independent Contractors

Lancaster Symphony Orchestra, 357 NLRB No. 152 (Dec. 23, 2011), is an interesting case. I bring it to your attention because the Board extensively analyzes the distinction between independent contractor and employee, holding that the petitioned for musicians were indeed employees. As the Board explained:

In determining whether individuals areindependent contractors or statutory employees, theBoard applies the common-law agency test, which ultimatelydepends upon an assessment of “all of the incidentsof the relationship . . . with no one factor beingdecisive.” NLRB v. United Insurance Co., 390 U.S. 254,258 (1968), enfg. 154 NLRB 38 (1965); Roadway PackageSystem, Inc., 326 NLRB 842, 843, 850 (1998). Therelevant factors include (1) whether the putative employerhas the right to control the manner and means ofperformance of the job; (2) whether the individual is engagedin a distinct occupation or business; (3) whetherthe individual bears entrepreneurial risk of loss and enjoysentrepreneurial opportunity for gain; (4) whether theemployer or the individual supplies the instrumentalities,tools, and place of work; (5) the skill required in the particularoccupation; (6) whether the parties believe theyare creating an employment relationship; (7) whether thework is part of the employer’s regular business; (8)whether the employer is “in the business”; (9) themethod of payment, whether by time or by the job; and(10) the length of time the individual is employed. See,e.g., BKN, Inc., 333 NLRB at 144; Roadway PackageSystem, 326 NLRB at 849–850 fn. 32. This list of factorsis not exhaustive, and the same set of factors that wasdecisive in one case may be unpersuasive when balancedagainst a different set of opposing factors in another case.Arizona Republic, 349 NLRB 1040 (2007); RoadwayPackage System, 326 NLRB at 850. Moreover, the ultimateinquiry “requires more than simply tallying factorson each side and selecting the winner on the basis of apoint score.” Schwieger v. Farm Bureau Insurance Co.of NE, 207 F.3d 480, 487 (8th Cir. 2000) (making determinationbased on combined weight of all the factors“when considered together in light of common-lawagency principles”)

 

Mitchell H. Rubinstein

Refusal To Take Drug Test Is Disqualifying Misconduct For Unemployment Purposes

Matter of McNeil v Commissioner of Labor, ____A.D.3d____(3d Dep't Nov. 17, 2011). As the court states:

An employee's failure to abide by an employer's established policy can constitute disqualifying misconduct, particularly when it has a detrimental effect on the employer's interests (see Matter of Sealey [Commissioner of Labor], 81 AD3d 1022, 1023 [2011]; Matter of Brauneisen [GEICO Ins. Co.—Commissioner of Labor], 72 AD3d 1381, 1382 [2010]). Here, substantial evidence supports the Board's determination inasmuch as claimant testified that he was aware of the employer's policy, had been warned that noncompliance would be grounds for termination and refused to submit to a drug test nonetheless (see Matter of Jenkins [City of N.Y.–Commissioner of Labor], 27 AD3d 863, 864 [2006]; Matter of Ramsey [Fairview Recovery Servs., Inc.–Commissioner of Labor], 17 AD3d 949, 949-950 [2005]). 

Mitchell H. Rubinstein

School Law Jobs

School Law Jobs
Job Title	Employer	Job Location
Legislative Counsel	Americans United for Separation of Church and State	Washington, D.C.
Associate	Scheuer, Yost & Patterson	Santa Fe, New Mexico
General Counsel	Victory Education Partners	New York, New York
Senior Staff Attorney	National School Boards Association	Alexandria, VA

 

Federal district court upholds school officials’ Cinco de Mayo Day ban on students’ American flag T-shirts

Dariano v. Morgan Hill Unified Sch. Dist., ___F.Supp.2d____ (N.D. Cal. Nov/ 8, 2011), is an interesting case. A lower court has granted an assistant high school principal’s motion for summary judgment, dismissing the free speech, equal protection and due process claims of students whom he prohibited from wearing T-shirts displaying the American flag on Cinco de Mayo Day. The claims against the principal were stayed because he had filed for bankruptcy. The court also dismissed all the claims against the school district on the ground that it was entitled to Eleventh Amendment sovereign immunity from the suit.

Mitchell H. Rubinstein

PACER Training

PACER maintains a free site where you can test out the system with old cases. It is available here. Anyone looking to brush up may want to check it out.

Hat Tip: Legal Skills Prof Blog

Mitchell H. Rubinstein

Finally Law School Finally Gets Hit With A Failure To Hire Law Professor Suit

Suit by Conservative Sees Bias in Law School Hiring is an important Jan. 9, 2012 article from the New York Times. It about an 8th Circuit ruling in favor of a law professor who was not hired because her political views. No doubt this was a 1983 action under the First Amendment which would not apply to private universities. 

Perhaps this decision will be a wake up call to law schools that they are employers just like everyone else. There ivy league tower's windows can be broken; particularly when law schools practice discrimination. I expect a wave of similar suits, most probably for age discrimination where law schools shun practical experience for no rational reason.

Mitchell H. Rubinstein

 

Novel About Adjunct Abuse

Psychology Today, of all places, published a review of Fight for Your Long Day, which won the 2011 Independent Publisher's Gold Medal for Best Fiction from the Mid-Atlantic Region by Alex Kudera, available here. It is a $14.34 paperback day-in-the-life satire that follows the eventful misadventures of a college adjunct instructor who teaches at four urban universities. 

Though I recognize that this is satire and it is a novel, it appears to highlight how badly adjuncts are treated by universities. It is no secret that we are grossly underpaid, have no benefits and many work at more than one institution. It is also no secret that most law schools would not be able to operate without us because we are the only ones that have any useful experience.

Mitchell H. Rubinstein

Hat Tip: Professor Rick Bales Workplace Prof Blog