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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

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

NLRB Issues Major Decision Requiring Back Pay Interest Be On A Daily Basis

Posted on October 26, 2010
In Jackson Hospital, 356 NLRB No. 8 (Oct. 22, 2010), the Board held that interest on backpay awards will now be complied on a daily basis. What is most interesting about the decision is that is was 4-0 with Republican...

Parents sue school officials for defamation, alleging guidance counselor falsely completed recommendation form

Posted on October 25, 2010
According to Courthouse News Service, the parents of a graduated high school student have filed a suit against Rockwood School District (RSD), a guidance counselor and the principal alleging defamation, negligence, and intentional infliction of emotional distress, after their daughter?s...

Interesting Massachusetts State Evergreen Clause Case

Posted on October 25, 2010
Boston Housing Authority v. Local 3, ____Mass. ____, N.W. 2d___(Oct. 22, 2010), Download BHA v SEIU Local 3 is an interesting Massachusetts State Public Sector Labor Law case involving a so called "evergreen clause" which provides that the existing contract...

Does Juan Williams Have A First Amendment Case?

Posted on October 24, 2010
NPR appears to be a public employer because it is funded, at least in part, by the federal government. Query whether Mr. Williams has a First Amendment case to challenge his discharge? He was speaking on his own time not...

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School Law Jobs

Posted on October 23, 2010
School Law Jobs Job Title Employer Job Location 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 Law Attorney Brannan Legal Search Chicago,...

4th Department Decision Re; Narrow Standard of Arbitral Judicial Review May Be Head To NYS Court of Appeals

Posted on October 22, 2010
Matter of Buffalo Council of Supervisors v. Board of Education, ____A.D.3d____(4th Dep't. July 1, 2010) is an interesting case. The court summarizes the applicable standard of review as follows: We agree with petitioner that Supreme Court erred in denying in...

Texas State education agency?s neutrality policy prohibiting employees from taking a position on the teaching of Creationism is constitutional

Posted on October 21, 2010
Comer v. Scott, ___F.3d____,No. 09-50401 (5th Cir. Jul. 2, 2010), is an interesting case. The Fifth Circuit held hat the the Texas Education Agency?s (TEA) policy of prohibiting staff from taking a position on the teaching of Creationism in public...

A Labor Union For Porn Stars?

Posted on October 20, 2010
Inside These Times reports that an apparent well known porn star named Jenna Jameson is calling for the creation of a union for porn stars. Her reasoning appears to be serious-to stop the spread of AIDS. One porn start was...

Pennsylvania school district settles webcam suits for $610,000

Posted on October 20, 2010
Reportedly, a Lower Merion School District?s (LMSD) ongoing litigation over the use of the webcam function on school issued laptops ? allegedly to spy on students at home ? appears to be headed toward a conclusion. LMSD?s Board of School...

2d Circuit Issues Major FLSA Decision Defining Sales Rep Exemption

Posted on October 19, 2010
In re Novartis Wage and Hour Litigation, ____F.3d____(2d Cir. July 6, 2010), the court held that Novartis Drug Reps were not within the exemption for outside salesperson. The decision is lengthly and contains an excellent review of the law. A...

The Importance Of Engagement Letters

Posted on October 18, 2010
Engagement and Closing Letters is an interesting article from the July 6, 2010 New York Law Journal. As the article explains, it is critical to draft appropriate engagement and closing letters which defined the scope of representation to avoid ethicial...

Lawyer Reprimanded For Plagiarism

Posted on October 18, 2010
In re: Cannon is an interesting case from the Supreme Court of Iowa. In a brief a lawyer admitted to plagiarism. Specifically, he copied 17 pages from an article without proper attribution. What is significant about this case is that...

Massachusetts school district to add Muslim holiday to calendar for the 2011-12 school year

Posted on October 17, 2010
According to the Boston Globe, Cambridge public schools will either close for Eid al-Fitr or Eid al-Adha, also known as the Festival of Sacrifice, depending on which holiday falls within the school year. If both fall within the school calendar,...

Bernstein on Civil Rights Violations

Posted on October 16, 2010
Anita Bernstein (Brooklyn Law School) just published Civil Rights Violations=Broken Windows DeMinimis Curet Lex in the Florida Law Review. The abstract provides: Civil rights violations that appear relatively slight may warrant judicialredress despite their small size; some of them point...

School Law Jobs

Posted on October 16, 2010
Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California Mid-Level/Senior Special Education Attorney Harbottle Law Group Orange County, California Special Education Attorney Fagen Friedman & Fulfrost LLP Los Angeles, California Special Education Attorney Lozano Smith Fresno,...

Privacy and Email

Posted on October 15, 2010
The New York Law Journal ran an interesting July 6, 2010 article about privacy in email communications, here.It cites to a number of New York cases which readers may find of interest. As the author explains: However, that expectation of...

Terminated employee?s back pay settlement obviates individual?s claim for unemployment insurance benefits for the period covered by the settlement

Posted on October 15, 2010
Matter of Glick v Commissioner of Labor, 2010 NY Slip Op 07103, decided on October 7, 2010, Appellate Division, Third Department Joseph Glick was terminated from his position with the Office of Children and Family Services on October 27, 2005....

Proposed Amendments To New York's Special Education

Posted on October 14, 2010
There are a number of proposed regulatory and statutory amendments to New York Special Education Law and most are not good for parents. Among the changes, class size will be permitted to be increased, under certain circumstances, and the statute...

Suffolk County Establishes A Public Registry For Animal Abusers

Posted on October 14, 2010
Suffolk County became the first jurisdiction in the country to establish a registry for animal abusers. This registry appears similar to a sex offender registry. Animal abusers would have to register and their names would be public. A newspaper article...

Supreme Court Denies Cert In 13 Special Education Law Cases

Posted on October 13, 2010
Readers to this blog know that the Supreme Court has decided a number of recent cases. However, according to Developments in Special Education Blog, the Court recently denied cert in 13 Special Education cases, including three in the 2nd Circuit....

New Supreme Court Photo

Posted on October 12, 2010
Hat Tip: Washington Post Mitchell H. Rubinstein

Checkout Legal Skills Prof Blog

Posted on October 12, 2010
Jim Levy, a contributing editor at Adjunct Law Prof Blog, Law Librarian Blog and Legal Writing Prof Blog finally took the big step and started his own blog. Its called Legal Skills Prof Blog. As its name implies, it focuses...

Court Strictly Construes Unemployment Procedural Requirements

Posted on October 12, 2010
I was a bit surprised by the decision in Matter of Freeman v. Commissioner of Labor,___A.D.3d ___(3rd Dep't. July 1, 2010). The court strictly construed the time limitations to appeal against a pro se litigant. True, he was very late...

Employer Status For Unemployment Purposes

Posted on October 11, 2010
I bring Matter of King Brass Ceremonial v. Commissioner of Labor, ____A.D.3d___(3rd Dep't. July 1, 2010), to your attention because it deals with who an employer is for unemployment insurance purposes. Though the issue was employer status, the court applies...

Lawyer Ethics and Social Media

Posted on October 11, 2010
Can a lawyer use publicly available information on Facebook in a pending case without friending the person. In NYS Bar Opinion No. 843 (Sep't. 10, 2010), the NYS Bar Association says yes: Topic: Lawyer's access to public pages of another...

Public Sector Union Did Not Breach Its Duty of Fair Representation

Posted on October 10, 2010
Delsante v. CSEA, ____Misc. 3d____(Richmond Co. June 15, 2010), illustrates how the duty of fair representation in the public sector is similar, though not identical to the private sector. The two differences are the statute of limitations in the public...

Important Conference On Status of Unpaid Interns. Oct. 12, 2010 GW Law School

Posted on October 10, 2010
On Tuesday Oct. 12, 2010 GW Law School is hosting an important conference on the status of unpaid student interns. The program can be downloaded by clicking Download Regulating Unpaid Internships The conference will feature several important speakers, including two...

Education Law Jobs

Posted on October 09, 2010
School Law Jobs Job Title Employer Job Location 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 Law Attorney Brannan Legal Search Chicago,...

Summary judgment for school district upheld in student?s sexual harassment claim; harassment not severe and pervasive enough to deny educational opportunity

Posted on October 08, 2010
R.S. v. Bd. of Educ. of the Hastings-on-Hudson Union Free Sch. Dist., ____F.3d____(2d Cir. April 9, 2010), is an interesting case. The Second Circuit upheld a summary judgment ruling in favor of a school district, finding that it did not...

Special Education Services Can Include Extracurricular Activities

Posted on October 08, 2010
Anyone who has gone to school (and that should be all of us thanks to complusory education in this country-but that is another subject) knows that an education is much more than just the 3 R's. It's about social interactions....

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