Adjunct Law Prof Blog: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Gmail Tune-Up (Free)

Posted on December 30, 2010
Our sister blog, Legal Skills Prof Blog, suggests that you give your computer a free Gmail tune up by going to Gmail Security Checklist As Professor Jim Levy notes, most of the suggestions offerred are common sense and do not...

Break Time for Nursing Mothers under the FLSA

Posted on December 30, 2010
The U.S. Department of Labor issued a fact sheet in July 2010 concerning the right of nursing mothers to have break time.It provides general information about the Patient Protection and Affordable Care Act (?PPACA?), which took effect when the PPACA....

NLRB invites briefs regarding appropriate bargaining units in longterm care facilitie

Posted on December 29, 2010
On December 22, 2010, the NLRB invited the submission of briefs concerning the make up of bargaining units in long term care health facilities, see, Press release, Speciality Care Healthcare, 356 NLRB No. 56 (Dec. 22, 2010). The Board, of...

Failure To Include A Special Education Teacher In The IEP Does Not Entitle Student To Private Placement

Posted on December 29, 2010
A.H. v. NYC Department of Education, ___Fed. Appx. ____(2d Cir. August 16, 2010), highlights the fact that all procedural violations do not result in a denial of FAPE. Here, the violation, however, was fairly substantial-a special education teacher did not...

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

Top 20 Web Sites in US According To Alexa.com

Posted on December 28, 2010
Google google.com Enables users to search the Web, Usenet, and images. Features include PageRank, caching and tra...More Search Analytics Audience 2 Facebook facebook.com A social utility that connects people, to keep up with friends, upload photos, share links and ...

Independent Contractor Agreements Are Not Not Controlling

Posted on December 28, 2010
Today's Workplace reported on SG Borello & Sons v. Dept. of Industrial Relations ___F.3d___(9th Cir. 2010), which held that independent contractor agreements are not controlling. Though the blog posting is based upon California law, it discusses how courts apply a...

Male nurse who was a former stripper failed to make out claims that he was subjected to a sexually hostile work environment

Posted on December 27, 2010
Dreshman v Henry Clay Villa, ___F.Supp. 2d___( W.D. Pa. August 11, 2010), is an interesting case. Plaintiff, a male nurse who had previously been an exotic dancer, and who was discharged from his employment at a nursing home, was unable...

Christian nurse who was ordered to stop discussing her beliefs with coworkers failed to make out religious bias and accommodation claims

Posted on December 26, 2010
A devout Christian nurse, who resigned after being ordered not to discuss with coworkers her religious views about the coming of the end of the world, was unable to pursue her Kentucky law claims that the hospital failed to reasonably...

Merry Christmas, Happy Holidays and Happy New Year

Posted on December 25, 2010
Adjunct Prof Blog wants to take this opportunity to wish our readers a Merry Christmas, Happy New Year and Happy Holidays. Mitchell H. Rubinstein

School Law Jobs

Posted on December 25, 2010
Job Title Employer Job Location General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California Special Education Attorney Lozano Smith Fresno, California General Counsel School Board of Broward County Broward County, Florida...

Parking valet does not establish cause of action for sexual harassment aganist Casino

Posted on December 24, 2010
Cross v Prairie Meadows Racetrack & Casino, Inc, ___F.3d____(8th Cir, August 12, 2010), demonstrates that it is not easy to establish a cause of action for sexual harassment. Here, the allegations did not rise to the level of a hostile...

Eric Schmertz Passes

Posted on December 24, 2010
The New York Times reported on December 22, 2010 that Eric Schmertz passed away at age 84, here. Eric was one of the most respect labor arbitrators in the country and certainly, in New York. He was involved in many...

Even Lawyers Have Employment Problems

Posted on December 23, 2010
Students who are not interested in a career in labor and employment law often ask me why they should consider taking my employment law class at New York Law School. The answer is simple. Because lawyers are employees too. They...

Undergrad adjunct union scores big win at East-West University

Posted on December 22, 2010
From the Chronicle of Higher Ed: Under the terms of an agreement approved last week by a National Labor Relations Board official, the private university in Chicago has agreed to provide back pay and new job protections to five adjunct...

Rare Arbitration Decision Vacated By NYS Court of Appeals

Posted on December 22, 2010
Matter of Kowaleski, ____N.Y.3d___(December 21, 2010), is a rare, very rare, NYS Court of Appeals decision vacating an arbitration. Here, the disciplinary arbitrator did not separately consider, the asserted statutory violation-Civl Service Law Sec. 75-b...

School district employee?s dismissal for 30 year-old expunged drug trafficking conviction does not violate Ohio constitution

Posted on December 22, 2010
Doe v. Ronan, No. 10-5072 (Ohio Oct. 26, 2010), is an interesting Ohio Supreme Court case. The Court, in a divided decision, held that a 2007 statutory revision extending the state criminal background check requirement to administrative employees in school...

Randall, Appointment to Positions in NYS's Civil Service

Posted on December 21, 2010
Harvey Randall, editor of New York Public Personnel Law, a blog which we read daily, just published an important article, Randall, Appointment to Positions in New York State's Civil Service, 24 Municipal Lawyer No. 4 (Fall 2010 NYS Bar Association).....

High school teacher does not have First Amendment right to make in-class curricular decisions regarding selection of books and methods of instruction

Posted on December 21, 2010
The 6th Circuit held unanimously that a high school teacher?s First Amendment claim that she was terminated in retaliation for exercising her free speech rights fails as a matter of law because First Amendment speech protections do not extend to...

NLRB Proposes Rules To Require Employer's To Post Notice of Employee Rights

Posted on December 21, 2010
On December 21, 2010, the NLRB issued a major press release indicating that it has submitted a Notice of Proposed Rule Making for publication in the Federal Register. The rule would require employers to post a Notice of Employee Rights,...

An educator does not have a First Amendment right to determine the method of instruction and the books to be used in his or her classroom

Posted on December 20, 2010
Evans-Marshall v Tipp City Exempted Village School District, CA Sixth Circuit, 09-3775 Shelly Evans-Marshall, a public high school teacher claimed that she had a First (and 14th) Amendment right ?to select books and methods of instruction for use in the...

District must develop IEP to facilitate 24-year-old's receipt of compensatory education

Posted on December 19, 2010
The 3d Circuit recently affirmed a decision that required a Pennsylvania district to develop IEPs for a student with multiple disabilities who had aged out of eligibility under the IDEA. Noting that the IDEA does not preclude courts from awarding...

School Law Jobs

Posted on December 18, 2010
Job Title Employer Job Location General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California Mid-Level/Senior Special Education Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith Fresno, California...

School officials were entitled to qualified immunity from former teacher?s claim of biased investigation into alleged sexual abuse of student

Posted on December 18, 2010
Purvis v. Oest, ___F.3d____(7th Cir. Aug. 2, 2010), is an interesting case. The Seventh Circuit held that three school officials who conducted an investigation into allegations that a teacher had sexually abused one of her students were entitled to qualified...

Employee served with disciplinary charges alleging horseplay involving threats with an ?imitation? handgun

Posted on December 17, 2010
Materials For the Arts (MFTA) is a program within the New York City Department of Cultural Affairs that collects donated materials and makes them available to not-for-profit arts groups. Jesse Charland managed a warehouse where items donated to MFTA, including...

Federal Wi-Fi (Free!)

Posted on December 16, 2010
A Bill has been introduced into Congress requiring that public areas in federal buildings provide free Wi Fi Access. It's called the Wi Fi Net Act. S.3995 was introduced by Senator Snowe and only has one sponsor. Therefore, it seems...

1st Circuit-Supervisor?s attempts to assist subordinate file sexual harassment complaint with HR was protected by Title VII?s opposition clause

Posted on December 16, 2010
This is a very unusual case. Even though a supervisor did not speak when he accompanied an employee to the Human Resources Department, where the employee complained about being sexually harassed, the First Circuit held that the supervisor ?opposed? discriminatory...

Hawaii voters pass ballot initiative eliminating elected school board

Posted on December 15, 2010
A ballot measure proposing to change the way Hawaii Board of Education members acquire their positions has passed. Board members will no longer be elected as they have been since 1966; they will be appointed by the governor. Source: Education...

OCR issues guidance as part of anti-bullying initiative

Posted on December 14, 2010
The U.S. Department of Education?s Office for Civil Rights has issued guidance in the form of a dear colleague letter to schools, colleges and universities to remind educators that some student misconduct that falls under a school?s anti-bullying policy also...

Court Affirms Dismissal of Dental Student For Cheating

Posted on December 13, 2010
Matter Flores v. NYU, ____A.D. 3d___(1st Dept. 2010), is an interesting case. A dental student was dismissed from dental school permanently for cheating. He brought an Article 78 proceeding against his school, NYU, challenging this. Surprise, surprise, he lost...

1st Dep't. Issues Major Public Sector DFR Decision

Posted on December 13, 2010
Rosioreanu v. NYC OCB, ___A.D.3d____(1st Dep't. Nov. 4, 2010), is a major DFR decision in New York Public Sector Labor Law. The First Department holds that BOTH the public employer and the union are necessary parties in any DFR litigation....

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...