Academic

EEOC publishes final GINA regulations

Posted on April 01, 2011
The EEOC?s final regulations implementing Title II of GINA were published in the November 9 Federal Register. Congress enacted Title II of GINA to protect job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination...

Texas school district is entitled to attorneys fees under IDEA as prevailing party where student?s attorney continued to litigate frivolous, unreasonable claims

Posted on March 31, 2011
El Paso Indep. Sch. Dist. v. Berry, ___F.3d___ (5th Cir. Nov. 8, 2010), is an interesting case. The 5th Circuit ruled that a school district, which had offered a student all requested relief under the Individuals with Disabilities Education Act...

Employee may be terminated on the grounds that he or she make a material false statement of his or her application for employment

Posted on March 30, 2011
Matter of Walsh v Kelly, 2010 NY Slip Op 09346, Decided on December 16, 2010,* Appellate Division, First Department New York City Civil Service Commission, after a hearing, affirmed the determination of the New York City Department of Citywide Administrative...

Corporal Punishment Is Still Alive and Well In 20 States

Posted on March 30, 2011
Believe it or not, in 21st Century America, corporal punishment is still legal. It is also practiced by several school districts. A March 29, 2011 New York Times article documents this and states in part: According to estimates by the...

To access this complete feed in the blog feed reader login or register for free.

Breaking News-Wisconsin Union Busting Law Enjoined Again

Posted on March 29, 2011
The Washington Post just reported that a Wisconsin Judge again enjoined Wisconsin from putting into law a state statute which dramatically curtails the rights of public employees to organize and bargain collectively, here. Mitchell H. Rubinstein

Student with ADHD, bipolar disorder, and conduct disorder is ?a child with a disability? under IDEA

Posted on March 29, 2011
Hansen v. Republic R-III Sch. Dist., ____F.3d____(8th Cir. Jan. 21, 2011), is an interesting case. The Eighth Circuit held that a student suffering from ADHD, bipolar disorder, and conduct disorder is ?a child with a disability? within the meaning of...

Autism and the Law Cases, Statutes, and Materials

Posted on March 28, 2011
Carolina Academic Press just came out with the first law school case book on Autism and the LawCases, Statutes, and Materials (2011). The authors, two lawyers, Lorri and Daniel Unumb, freely acknowledge that Autism and the Law is only taught...

Court annuls penalty imposed after finding appointing authority failed to investigate before taking disciplinary action against individual

Posted on March 28, 2011
Matter of Titone v Rocky Point Fire Dept., 2010 NY Slip Op 33037(U), October 25, 2010, Supreme Court, Suffolk County, Judge Jeffrey Arlen Spinner [Not selected for publication in the Official Reports] Joseph A Titone filed a petition ?in the...

School Law Jobs

Posted on March 26, 2011
Director of the Education and Legal Alliance/Assoc. General Counsel California School Boards Association Sacramento, California Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California School/Employment Law Attorney Carter Mathis San Francisco, California Chief Legal Officer Illinois School District...

Employer not be liable for damages resulting from employee?s off duty misconduct absent notice of the employee's proclivity for such misconduct

Posted on March 25, 2011
Acosta-Rodriguez v City of New York, 2010 NY Slip Op 07470, Decided on October 21, 2010, Appellate Division, First Department An employee of the New York City Board of Education [BOE] was alleged to have sexually abused two students. When...

Seventh Circuit holds that Illinois moment of silence law passes Establishment Clause and vagueness challenge

Posted on March 24, 2011
In a 2-1 split, the 7th Circuit held that Illinois? moment of silence law, allowing teachers to observe a period of silence at the beginning of the school day, does not violate the First Amendment?s Establishment Clause, nor is the...

Federal Contractor Violations

Posted on March 23, 2011
The GAO in Sept. 2010 issued a report on federal contractor violations, here. Many corporations rely on governmental contractors and if they loose their contract because they violated a law, such as the National Labor Relations Act, perhaps less contractors...

New York Lower Court Effectively Rejects Labor Union Privilege

Posted on March 22, 2011
As readers to this blog know, I wrote a law review article on whether a labor union privilege is developing ,here. This is an area of law where there is relatively little authority and which is still developing. That is...

Resolution Introduced In House Supporting Unions

Posted on March 21, 2011
Rep. Edwards (D. Maryland) introduced a resolution supporting unions. Rep. Eleanor Holmes Norton 9D. D.C.) introduced that resolution with the following statement: Today, I rise in advance of leading a special order this evening, to offer a resolution supporting the...

Triangle Shirtwaist Factory Fire

Posted on March 21, 2011
March 25, 2011 marks the 100th Anniversary of the Triangle Shirtwaist Factory fire where 146 people mostly immigrant Jews and Italians who worked in a locked sweat shop lost their lives. Additional coverage, here. The building still stands today in...

Documents concerning an employee?s separation and post-termination employment benefits available under New York's Freedom of Information Law

Posted on March 21, 2011
William E. Hamilton submitted a Freedom of Information Law (FOIL) request seeking documentation concerning "the modification, amendment and/or termination of the employment agreement" between the Jordan-Elbridge Central School District and its superintendent, Marilyn Dominick, as well as any document relating...

Worker Misclassification Article

Posted on March 20, 2011
As my students all know, the issue of worker misclassification is a serious problem in employment law. An interesting article which summarizes the law in this area is Bran Noonan, The Campaign Against Employee Misclassification, 82 NYS Bar Journal 42...

Breaking News Copy of Decision Enjoining Wisconsin Union Busting Bill

Posted on March 20, 2011
Unless you have be living under a bus, by now you have heard that a lower court judge enjoined the enforcement of the union busting bill that was signed into law by Wisconsin Gov. Walker. The decision is Wisconsin v....

HBO Film on Triangle Shirt Waist Fire

Posted on March 20, 2011
This Monday, March 21, 2011 at 9 pm HBO is airing a movie about the Triangle Shirt Waist Factory fire which, as you know, gave birth to the modern labor movement. (It will also be aired at other times). I...

School Law Jobs

Posted on March 19, 2011
School Law Jobs Job Title Employer Job Location Director of the Education and Legal Alliance/Assoc. General Counsel California School Boards Association Sacramento, California Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California School/Employment Law Attorney Carter Mathis San...

Collateral estoppel

Posted on March 18, 2011
Jaworowski v NYC Transit Authority, 2nd Circuit, 182 F. 3d 900, Cert. denied, 99?542 The doctrine of collateral estoppel prevents a party from relitigating issues previously considered by one forum in a second forum. The doctrine is based on the...

North Carolina Supreme Court: access to alternative education during long-term suspension is not required under state constitution

Posted on March 17, 2011
King v. Beaufort County Bd. of Educ., No. 480A09 (N.C. Oct. 8, 2010), is an interesting case. The North Carolina Supreme Court has held that school administrators must provide a student subject to a long term suspension with a reason...

The Common Law of Disability Discrimination

Posted on March 17, 2011
DePaul Law School Professor Mark Weber, just wrote an excellent article entitled The Common Law of Disability Discrimination which will appear in Utah Law Review. Professor Weber argues that common law claims sounding in breach of contract and tort are...

The Importance of Law Reviews

Posted on March 16, 2011
The law review is dead; long live the law review: a closer look at the declining judicial citation of legal scholarship, 45 Wake Forest L. Rev. 1185 (2010), is a very interesting student note. It is an empirical study in...

Student Suspended For Wearing Nose Stud Ordered Reinstated

Posted on March 15, 2011
A federal court has reportedly issued a temporary restraining order (TRO) requiring Clayton High School officials to readmit a student who has been suspended on four occasions for wearing a nose stud that she says is part of her religion....

More Effective NLRB Remedies On The Way

Posted on March 14, 2011
The NLRB has long been criticized for ineffective remedies. Now, NLRB Acting General Counsel Lafe Solomon today announced guidelines to help employees who are illegally discharged receive full compensation in backpay awards. Mr. Solomon issued a memo outlining new methods...

Outdated IEP Is Insufficient Under IDEA

Posted on March 14, 2011
A District Court reversed an IHO's and an SRO's conclusions that a New York district offered FAPE to a teenager with an undisclosed disability for the 2007-08 school year. Finding that the parents placed their son in an appropriate private...

Did you know that you can subscribe to Adjunct Law Prof Postings (For Free)

Posted on March 13, 2011
Just type your email on the below link which appears on the left hand side of this blog. Best of all it is free. Mitchell H. Rubinstein FeedBurner Subscription Service Enter your Email Preview | Powered by FeedBlitz

An educator may accrue tenure and seniority rights in both an administrative and teacher tenure area simultaneously under certain circumstances

Posted on March 13, 2011
Nancy Pearse v Board of Education of the Burnt Hills-Ballston Lake Central School District, Decisions of the Commissioner of Education, Decision #16,159 The Commissioner of Education sustained, in part, an appeal filed by Nancy Pearse challenging the determination of the...

Art of Access Blog

Posted on March 12, 2011
I just became aware of a blog called the Art of Access. It focuses on Freedom of Information and access type issues. It appears to be well done and readers may want to check it out. Mitchell H. Rubinstein

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.