The Discipline Book

Harvey and Eric Randall just updated their wonderful treatise called "The Discipline Book" which is available on Amazon now. https://www.amazon.com/DISCIPLINE-BOOK-Essentials-Discipline-Employees/dp/1632639459.

The description from Amazon is as follows:

This comprehensive handbook has been written for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees employed by New York State and its political subdivisions, under various State laws, including the Civil Service Law, the Education Law and contract disciplinary grievance procedures negotiated pursuant to the Taylor Law. Also a valuable resource for those involved in disciplinary actions taken against public officers and employees serving with other states.

But, the book is much more than this. It spans 674 pages and it is an everything you wanted to know book about public employee discipline in New York. For example, it covers Education Law Section 3020-a and CIvil Service Section 75 hearings in detail. It also discusses the leading appellate cases.

It is a "must" purchase for anyone who practices in this area. What is really nice about the book is that it is in electronic form and it is searchable. That will save readers a lot of time.

Judge Kavanaugh Made Some News About The Right to Privacy During His Confirmation

I was again quoted in the Washington Times about Judge Kavanaugh's confirmation hearings; this time about his views with respect to the right to privacy. Brett Kavanaugh's Digital Privacy Revelation Intrigues Senators, Advocates (Washington Times Sep't. 10, 2018).  

As reporter Alex Swoyer, esq. notes, Judge Kavanaugh previously indicated that bulk collection of telephone digital data would not violate the right to privacy, but his decision may no longer be good law because of the Carpenter Supreme Court decision. He also appears willing to apply Carptenter to other areas of the law. Specifically, I was quoted as follows:

But Mitchell Rubinstein, a New York-based lawyer, said the exchange between Judge Kavanaugh and Mr. Leahy was important because the nominee called the Carpenter case a “game changer.” “It appears that a Justice Kavanaugh will recognize the importance of privacy in many different areas that are likely to come up because of the explosive use of technology in this country,” he said.
 Mr. Rubinstein noted that Sen. Ben Sasse, Nebraska Republican, praised Mr. Leahy’s questioning.
 He said it may have been the “most striking and perhaps the most significant part” of the confirmation hearing. “There was a discussion about the past and the future and not about the political left or right,” Mr. Rubinstein said.

Accusations Fly Against Judge Kavanaugh During His Confirmation Hearings

The Constitution, of course, requires the advice and consent of the Senate to confirm all federal judges, including Supreme Court Justices.

Unfortunately, the Senate confirmation hearings for Judge Kavanaugh are becoming somewhat of a circus. An interesting article documenting all of this appears in the September 6, 2018, Washington Times entitled Accusations Fly Against Kavanaugh In Craziest Supreme Court Confirmation in Decades.  In that article, I am quoted as stating:

“I never before saw observers in the hearing room physically removed by the police,” said Mitchell H. Rubinstein, a New York-based lawyer.

“The Democrats do not have the votes to stop the nomination and never did. I do not think their strategy changed and the vitriolic nature of some of the comments demonstrates how frustrated they feel,” he said.

No matter what your politics are. The confirmation of a Supreme Court Justices is critically important to this nation. The process needs to be dignified and respectful because, in the end, we all need to respect our judicial system and the law.