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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

New Jersey Supreme Court rules that arbitrator had authority to reduce disciplinary sanction imposed on employee from termination to 10-day suspension

Posted on October 07, 2010
Linden Bd. of Educ. v. Linden Educ. Ass?n, No. A-17-09 (N.J. Jun. 8. 2010), is an interesting case. The New Jersey Supreme Court held that an arbitrator had the authority to reduce the disciplinary sanction imposed by the school board...

Socialization not primary component of Least Restrictive Environment

Posted on October 06, 2010
Las Virgenes Unified Sch. Dist. v. S.K. by J.K. and B.K., ___F. Supp. 2d___,110 LRP 35620 (C.D. Cal. June 14, 2010), is an interesting case. A federal lower court reversed an IHO's determination that a California district violated the Least...

Need to manage teen's behavior makes teacher's use of restraint reasonable

Posted on October 05, 2010
The of restraints by teachers always presents thorny legal issues. In T.W. by Wilson v. School Bd. of Seminole County, Fla., ___F.3d___, 110 LRP 37523 (11th Cir. June 29, 2010), the 10th Circuit recognized that allegations that the teacher of...

Special Education Horror Story

Posted on October 05, 2010
The Washington Post ran an interesting Oct. 2, 2010 story that everyone interested in special education should be aware of, here. It is about a school called Judge Rotenberg Center (JRC) in Canton, Mass. Reportedly, this school, which costs $220,...

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Student Abuse

Posted on October 04, 2010
A shocking September 30, 2010 New York Times article reports on a former Dean at St. John's University who is alleged to have abused students by making them work for her personally in order to keep their scholarships, here. This...

Employee Who Attempted To Withdraw Retirement Is Not Entitled To Unemployment

Posted on October 04, 2010
Matter of Polisseni v. Commissioner of Labor, ____A.D.3d___(3rd Dep't. May 4, 2010), is an important unemployment case. An employee who retires is, of course, not entitled to unemployment because he voluntarily left his employment. What about if after the employee...

First Monday In October

Posted on October 04, 2010
It is the first Monday in October and you know what that means. The Supreme Court is starting another term-for the first time with three women. An interesting Oct. 2, 2010 New York Times article by Linda Greenhouse discussing the...

Tenth Circuit finds in-flux positions filled by temps were not ?vacant? for ADA accommodation purposes

Posted on October 03, 2010
Duvall v Georgia-Pacific Consumer Prods, L.P., ____F.3d____(10th Cir. June 9, 2010), is an interesting case. To reasonably accommodate an employee with a disability under the Americans with Disabilities Act (ADA), an employer may be required to consider reassignment of that...

School Law Jobs

Posted on October 02, 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,...

Provisional employee has no right to continued employment as a provisional appointee

Posted on October 01, 2010
Singletarly v NYC Dept. of Homeless Services, Supreme Court IA PART 27, Justice Gammerman, [Not selected for publication in the Official Reports] In the Singletarly case Judge Gammerman sets out the basic rules concerning the rights of a provisional employee...

Sovereign immunity

Posted on September 30, 2010
Alston v State of New York, Ct. of Appeals, 97 N.Y.2d 159 The doctrine of sovereign immunity generally shields a state from suit absent its consent. In Alden v Maine, 527 US 706, the Supreme Court of the United States...

Adjuncting Benefits

Posted on September 30, 2010
The Wall Street Journal ran an interesting story on September 30, 2010 called the Ultimate Power Hobby. It is basically about why adjuncts, well adjunct. Interestingly, the article focuses on a New York atty who teaches one night a week...

Having a residence in the jurisdiction not always the same as having a domicile in the jurisdiction

Posted on September 29, 2010
Matter of Johnson v Town of Amherst, 2010 NY Slip Op 05447, Decided on June 18, 2010, Appellate Division, Fourth Department The Town of Amherst?s Town Code required its employees to be ?domiciliaries of the Town.? James I. Johnson?s family?s...

Employee Fired For Misconduct Not Eligible For Unemployment

Posted on September 28, 2010
Matter of Peters v. Commissioner of Labor, ___A.D.3d____(3rd Dep't. June 24, 2010), is a tough case. In finding that an employee committed misconduct by failing to document his inability to report to work, the court explained: The failure to return...

Therapist can't hold district, parents responsible for student's violent outburst

Posted on September 28, 2010
A occupational therapist who was injured by a student with autism could not pursue negligence claims against the district or the student's parents. The court held that neither had a duty to warn the therapist of the student's aggressive tendencies....

Secunda and Hirsch-Mastering Employment Discrimination

Posted on September 27, 2010
Mastering Employment Discrimination Law by Paul M. Secunda, Jeffrey M. Hirsch 2010 ? $25.00 ? 250 pp ? paper ? ISBN: 978-1-59460-717-2 ?LCCN 2010023558 Professors Paul Secunda and Jeffrey Hirsch (Editors of Workplace Prof Blog) just published Mastering Employment Discrimination...

NYU Did Not Breach Implied Contract By Withholding MBA from Convicted Felon

Posted on September 27, 2010
Rosenthal v. NYU, ___F.Supp.2d____(S.D.N.Y. Sep't. 13, 2010), is an interesting case. The court holds that NYU did not breach an implied contract by withholding MBA from a confessed inside trader. As the court stated: The University Bylaws (the "Bylaws") expressly...

N.Y. Passes Domestic Worker Bill of Rights

Posted on September 26, 2010
On September 2, 2010, Gov. Paterson signed into law the Domestic Worker Bill of Rights. Daily News coverage here, The Bill Summary from the state Senate describes this new statute as follows: SUMMARY OF SPECIFIC PROVISIONS: The Labor law is...

Does It Pay To Get An LL.M?

Posted on September 26, 2010
The Wall Street Law Journal Blog ran an interesting story on September 20, 2010, here, questioning whether an LL.M degree was worth it. The article seemed to concluded that it generally was not worth it unless the student was interested...

School Law Jobs

Posted on September 25, 2010
Job TitleEmployerJob LocationLabor & Employment AttorneyLozano SmithFresno, CaliforniaMid-Level/Senior Special Education AttorneyHarbottle Law GroupOrange County, CaliforniaSpecial Education AttorneyLozano SmithFresno, CaliforniaSchool Law AttorneyBrannan Legal SearchChicago, Illinois

Teacher failed to state valid First Amendment retaliation claim based on filing a lawsuit on behalf of daughter against school district

Posted on September 24, 2010
Vereecke v. Huron Valley Sch. Dist., ___F.3d___ (6th Cir. Jun. 18, 2010), is an interesting case. The 6th held a teacher failed to state a valid claim under the First Amendment for retaliation based on his filing of a lawsuit...

California law does not permit trained volunteer school personnel who are not lincensed nurses to administer insulin injections to diabetic students

Posted on September 23, 2010
In American Nurses Ass?n v. O?Connell, No. C061150 (Cal. App. Ct. Jun. 8, 201, a California intermediate court held that state law does not permit trained school personnel who are not licensed nurses to administer insulin injections to diabetic students...

4G Now Live In NYC and NJ

Posted on September 22, 2010
In case you have been living under a bus and have not noticed, most professionals utilize smart phones. These phones allow owners to browse the web, type memo's, send email, text and yes, make telephone calls. I am no techie,...

Texas State Board of Education to consider how Islam should be portrayed

Posted on September 22, 2010
The Dallas Morning News reported that the Texas State Board of Education is planning to discuss what students should learn about Islam. The Board will consider a resolution that would warn publishers not to push a pro-Islamic, anti-Christian viewpoint in...

Book Review- Getman, Restoring The Power Of Unions

Posted on September 21, 2010
I just finished reading Restoring The Power of Unions It Takes A Movement by Professor Julius G. Getman (University of Texas Law School) and I could not put it down. The book is a must read for students of labor...

U.S. News Now Ranks Law Firms

Posted on September 21, 2010
I thought I have seen it all. However, I just learned that U.S. News and World Reports started to rank law firms. Wow! I could not think of a more subjective and useless rating system. First of all in federal...

Former employee?s ADA retaliation claim survives the dismissal of her violation of the ADA complaint

Posted on September 20, 2010
Ragusa v Malverne Union Free School Dist., USCA, 2nd Circuit, No. 08-5367-cv, June 21, 2010, [Unpublished] Malverne Union Free School District mathematics teacher Biljana Ragusa sued the District, the school board and former school superintendent Mary Ellen Freeley, alleging that...

Marijuana Workers Join Teamsters Union

Posted on September 20, 2010
The Scramento Bee reported on September 20, 2010 via an AP story that 40 Marijuana workers voted to join the Teamsters Union. Apparently, they did more than vote to join the union as the employer has recognized the union in...

Teacher Fired For Comments On Facebook

Posted on September 19, 2010
In today's world people have to be very careful what they say online, on a social networking site or on a blog. ABC reported about a Mass teacher for comments he made on Face Book. Lexology describes what happened as...

School Law Jobs

Posted on September 18, 2010
School Law JobsJob TitleEmployerJob LocationLabor & Employment AttorneyLozano SmithFresno, CaliforniaMid-Level/Senior Special Education AttorneyHarbottle Law GroupOrange County, CaliforniaSpecial Education AttorneyLozano SmithFresno, CaliforniaSchool Law AttorneyBrannan Legal SearchChicago, Illinois

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