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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

Teachers have standing under Michigan Constitution to sue school board for failure to comply with statutory duty to expel students who have assaulted a teacher

Posted on September 17, 2010
Lansing Sch. Educ. Ass?n v. Lansing Bd. of Educ., No. 138401 (Mich. Jul. 31, 2010), is an interesting case. The Michigan Supreme Court ruled 4-3 that teachers who were allegedly physically assaulted by students have standing to bring suit against...

Massachusetts Anti-Bullying Law

Posted on September 16, 2010
The Boston Globe recently reported that the Massachusetts Department of Education released a model anti-bullying plan. The plan is intended to serve as a template for school districts as they implement policies that will comply with the state?s new anti-bullying...

Using e-mail as evidence in disciplinary actions

Posted on September 15, 2010
Strauss v Microsoft, USDC SDNY, Lexis 7433 Employers and employees are discovering that with the increased use of electronic mail [e-mail], records thought not to exist may be hidden in computer files. Accordingly, employers are now reviewing computer backup tapes...

NLRB Refuses To Decide Issue When It Is Split

Posted on September 14, 2010
The NLRB is back down to 4 Members. What happens if they are split 2-2? Answer, they do not decide the issue. Hacienda Hotel, 355 NLRB No. 154 (Aug. 27, 2010), an important case which a complex procedural issue demonstrates...

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St. John's Center For Labor and Employment Events

Posted on September 14, 2010
The Center for Labor and Employment Law is pleased to invite you to these engaging and informative September events: A Reception and Discussion on the Future of Labor Unions in honor of labor law expert Julius G. ("Jack") Getman's new...

Law Professor Bloggers

Posted on September 13, 2010
The National Law Journal ran an interesting Sept. 6, 2010 story about law professors that blog. Though Adjunct Law Prof Blog was not mentioned, two bloggers on the law professor blog network were profiled. Mitchell H. Rubinstein

On Remand From Supremes Board Summarily Reaffirms New Process Steel

Posted on September 13, 2010
In New Process Steel v. NLRB, 13 S. Ct. 2635 (2010), the Supremes invalidated all two Member Board decisions. So what does the Board do on remand? It assigns the same two Members and simply adds a third. In a...

New York Enacts Anti-Bullying Legislation

Posted on September 12, 2010
Governor Paterson has signed the Dignity for All Students Act, a new law requiring New York school districts to [adopt policies to] protect children against bullying based on [a number of listed categories including] sexual orientation and weight. It says...

School Law Jobs

Posted on September 11, 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

Withholding payment for accrued leave credits upon separation ruled permitted under the faithless servant doctrine

Posted on September 10, 2010
Bolin v Nassau County Bd. of Coop. Educ. Servs., 2010 NY Slip Op 31420(U), May 27, 2010, Supreme Court, Nassau County, Judge: Michele M. Woodard [Not selected for publication in the Official Reports] Is an employee entitled to payment of...

Article on Atty's Fees After Perdue Supreme Court Decision

Posted on September 09, 2010
U.S. Supreme Court Decision On Enhancing Civil Rights Fees is an interesting June 16, 2010 New York Law Journal article about Perdue v. Kenny A ___U.S.___(April 10, 2010). The article summarized the Court's holding in part as follows: Supreme Court...

University librarian?s recommendation of controversial book for required reading list was not protected speech in First Amendment retaliation, constructive discharge suit

Posted on September 08, 2010
Savage v Gee, ___F.Supp.2d____(S.D.Ohio, June 7, 2010), is an interesting case. A ?conservative? Quaker head reference librarian at a university, who was part of a committee charged with selecting a book for required freshman reading, was unable to pursue his...

NLRB Issues Major Decision Holding That N.Y.S. Neutrality Statute Does Not Invalidate The Election

Posted on September 07, 2010
Independence Residences, Inc., 355 NLRB No. 153 (August 27, 2010), is an important, but unusual case. An employer filed election objections after it lost the election because it claims that it was chilled by NYS Labor Law Sec. 211-a which...

Happy Labor Day

Posted on September 06, 2010
I always have mixed emotions on labor day. It marks the end of the summer, but it also highlights the important contributions labor has made to this country. A Wikipedia description of Labor Day is available here. As the article...

New Jersey?s Division on Civil Rights has found probable cause for a former student?s complaint of bullying and harassment to proceed

Posted on September 05, 2010
The New Jersey Division on Civil Rights (NJDCR) has found ?probable cause? that the Old Bridge Township Board of Education failed to take sufficient steps to stop the harassment and bullying of a former middle school student, says the Star-Ledger....

School Law Jobs

Posted on September 04, 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 Chief Counsel to the School Board School...

Female employee who was fired after witnessing CEO in a sexually compromising position could pursue harassment, bias and other state law claims

Posted on September 03, 2010
Roth v DeFeliceCare, Inc,(W. V. S.Ct, June 8, 2010, per curiam, is an interesting state Supreme Court case. The lower court erred in dismissing a female employee?s West Virginia Human Rights Act and common law claims brought against her employer...

Deference In Flip Flop Cases

Posted on September 03, 2010
A well known fact of labor law is that the NLRB follows the election returns and often reverses itself when the President's party changes. But NLRB orders are not self enforcing. They must be enforced by the circuit. Circuit courts...

Adjunct Law Prof Blog Surpasses 400,000 Visitors!

Posted on September 03, 2010
Earlier today, we just past a milestone of sort. We just past 400,000 visitors in just over three years. Thank you for your support. Please continue to comment and bring to my attention stories that you think readers will be...

Connecticut Enacts Statute Providing Employment Protections To Family Violence Victims

Posted on September 02, 2010
Connecticut enacted a law, (H.B. 5497) that entitles employees who are the victims of family violence to take paid or unpaid leave from work. The new law, which takes effect October 1, provides for leave which may include compensatory time,...

NLRB Flip Floping About To Begin?

Posted on September 02, 2010
The NLRB recently granted review in two cases concerning two very important and controversial issues. The Board issued a Press Release which invites amicus participation which stated: NLRB grants review and invites briefs in cases involving voluntary recognition agreements and...

Book Review-Castagnera, Handbook For Student Law For Higher Education Administrators

Posted on September 02, 2010
Dr. James Ottavio Castagnera recently published another excellent book entitled "Handbook For Student Law For Higher Education Administrators." The Book, which is softcover and spans 255 pages is available for $35.00 from the publishers website linked above...

Federal Circuit Rules No Link between Autism and Vaccine

Posted on September 01, 2010
The Blog of the Legal Times reported on August 27, 2010, that the Federal Circuit recently held that there was no link between Autism and childhood vaccines. You can find that article here. Mitchell H. Rubinstein

3rd Dep't. Summarizes Civil Service Sec. 75-b (Whistleblower Statute) Standards

Posted on September 01, 2010
Hastie v. SUNY, ____A.D.3d___(3rd Dep't. June 10, 2010), is brought to your attention because the court does a nice job in summarizing the standards under New York's public employee whistleblower statute, Civil Service Law Sec. 75-b. As the court explained:...

Positive Change At The FLRA

Posted on September 01, 2010
The FLRA is a little known federal agency. They function roughly like the NLRB and adjudicate ULP and Representation cases for federal workers under the Civil Service Reform Act. An interesting Sept. 1, 2010 Washington Post article, here, stated that...

3rd Dep't. Summarize Malice Standards For Defamation Purposes

Posted on August 31, 2010
Defamation is an intentional tort that is often litigated in the context of employment. Often times the alleged defamatory statement might be protected by a qualified privilege. A qualified privilege can be defeated if malice is shown. But what is...

Coke Cancels Health Insurance of Striking Workers; Workers Bring ERISA Suit

Posted on August 31, 2010
Details from law.com A teamsters press release is available here. Unfortunately, unless Coke's actions were retaliatory, they can probably do this. ERISA provides virtually no protection to employee health insurance plans. I hope I am wrong. We will have to...

Third Circuit Denies Parents? Request for Tuition Reimbursement under the IDEA

Posted on August 30, 2010
C.H. v. Cape Henlopen Sch. Dist., ____F.3d____ (3d Cir. May 25, 2010), is an interesting case. The 3rd Circuit held that the parents of a learning disabled student were not entitled to reimbursement of the costs of his private school...

To Be A Child With A Disability, the Condition Must Actually Affect Educational Performance

Posted on August 30, 2010
C.D. v. Marshall Joint Sch. Dist. No. 2, Nos. 09-1319, 09-2499, 2010 WL 2990839 (7th Cir. Aug. 2, 2010), is an interesting decision. The 7th holds that a child with a physical disability was not covered by IDEA, despite the...

District Court Upholds Decision of Idaho Public Schools to Ban the Use of Religious Documents in the Curriculum

Posted on August 29, 2010
Nampa Classical Acad. v. Goesling, ____F.3d_____(D. Idaho May 17, 2010), is an interesting case. The U.S. District Court of Idaho held that the Idaho Public Charter School Commission (?the Commission?) did not violate the Constitutional rights of a charter school...

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