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Friday, March 29, 2013

Appellate Court Rejects Would-Be Law Professor's Age Bias Claim

Baltimore LogoFollowing up on my prior posts (links below):  National Law Journal, Appeal Court Rejects Would-Be Law Professor's Age Bias Claim, by Karen Sloan:

An intermediate appellate court has affirmed dismissal of an age discrimination suit against the University of Baltimore School of Law, marking the latest legal loss for Michigan immigration attorney Donald Dobkin.

In February 2012, a Iowa jury reached a similar conclusion in February 2012 in Dobkin's nearly identical lawsuit against the University of Iowa College of Law.

"On the record before us, we conclude that U.B. had presented a legitimate, non-discriminatory reason for its refusal to hire appellate," the Court of Special Appeals of Maryland ruled on March 22. "Appellant further failed to adduce sufficient evidence to meet his burden of establishing that U.B.'s reasons were pretextual, and its motives were discriminatory."

Dobkin applied for a teaching position in 2009 when he was 56, according to court records. He was one of 833 applicants for three spots, including a professorship in immigration.

The hiring committee did not select Dobkin for one of the 56 first-round interviews and ultimately hired three people aged 40 or younger. ... The appeals court found that the law school's stated reasons for not interviewing Dobkin—that he had no clinical teaching experience, never served a clerkship and did not graduate from a top 10 law schools—were valid.

Prior TaxProf Blog coverage:

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My opponents should not be lulled into a false sense of complacency. I've only just begun. I intend to pursue these claims and hold the serial law breakers in the Academy accountable until I secure a teaching post or until hell freezes over, whichever occurs first.

Posted by: Donald S. Dobkin, Esq | Mar 30, 2013 11:28:05 AM