Academic

NLRB Issues First 3 Post New Process Steel Decisions And Makes Data Base Of Cases Public

Posted on August 09, 2010
On August 5, 2010 the NLRB issued a press release stating that it issued the first 3 post New Process Steel decisions and that the NLRB was making a data base of cases available. The Press Release states in relevant...

Article on Computers and Privacy

Posted on August 08, 2010
Employers Monitor, Employees Push Back is an interesting May 24, 2010 New York Law Journal article (registration required). It highlights the issues before the Supreme Court in Quon as well other privacy issues. As the article states: In today's fast-paced...

The Conn. Wherehouse Killer and Labor and Employment Law

Posted on August 08, 2010
By now all of you have heard about the Conn. employee who killed 8 workers, including his union president, after he was terminated from his job,here. So what does this have to do with labor and employment law? Alot. As...

School Law Jobs

Posted on August 07, 2010
School Law JobsJob TitleEmployerJob LocationLabor & Employment AttorneyLozano SmithFresno, CaliforniaSchool AttorneyHarbottle Law GroupOrange County, CaliforniaSpecial Education AttorneyLozano SmithFresno, CaliforniaLegal CounselColorado Association of School BoardsDenver, ColoradoSchool Law AttorneyBrannan Legal SearchChicago, IllinoisEmployment/Labor Law Associate AttorneyThrun Law FirmEast Lansing, Michigan

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Hot Dog Champ Faces Judge

Posted on August 06, 2010
Well, its Friday in the middle of the dog days of August, so I thought I would bring you one of those stories related to law which you just cannot make up. The article is from CNN and available here....

Partners vs. Employees

Posted on August 06, 2010
Master or Servants is an interesting May 24, 2010 New York Law Journal that highlights the importance as well as the difficulty in distinguishing between employees and partners. (registration required). As the article states: On Jan. 28, 2010, the venerable...

Univ. of Illinois Adjunct Prof. Reinstated After He Was Terminated Because of His Religious Beliefs

Posted on August 06, 2010
Fox News reported, here, that the University of Illinois reinstated an adjunct college professor who reportedly was terminating for stating that he agreed with the church's teaching that homosexual sex is immoral. Query whether this professor had a valid First...

Study Claims That Grades Are More Important Than The Law School

Posted on August 06, 2010
The Wall Street Journal Law Blog reported on July 30th about a study which indicated that grades were more important than the particular law school chosen by the student. As the article states: Go to the best law school you...

School board's attempt to remove one of its members for neglect of duty rejected by Commissioner of Education

Posted on August 05, 2010
Application of the Board of Education of the City School District of the City of Elmira for the removal of Dianna Brewer-Jackson as a member of the board. Commissioner's Decision No. 16,051 The Board of Education of the City School...

Federal Employees Double Dipping Social Security Disability Benefits

Posted on August 05, 2010
Fox News reported on a recent report stating that hundreds of federal employees are unlawfully receiving disability benefits while still working, here. As the article states: The Government Accountability Office issued a report that showed at least 1,500 federal employees...

Breaking News- Judge Overturns Calfornia's Ban Of Gay Marriages

Posted on August 05, 2010
A federal judge in the Northern District of Calif. has held that California's Proposition 8, a voter-approved amendment to the state constitution that prohibited same-sex marriage, violated the Due Process and Equal Protection Clauses of the United States Constitution...

Will Blackberry's Be Going Bye-Bye One Day??

Posted on August 05, 2010
CNN ran an interesting story about Blackberry's which readers may find of interest. Blackberry is the leader in the smart phone industry, but recent polls of users indicate that 58% of BB users will buy another phone when it is...

Arbitrators and Evident Partiality

Posted on August 04, 2010
Evident Partiality is one of the grounds to vacate an arbitration award under the FAA. Holding Arbitrators To Higher Standards of Impartiality is an excellent May 21, 2010 New York Law Journal article (registration required) which explores this issue...

2d Reaffirms Narrow Duty of Fair Representation Standard

Posted on August 03, 2010
Matter of Vaughn v. ALPA, ___F.3d___(2d Cir. May 14, 2010), an RLA case, is brought to your attention because it provides an excellent summary of applicable DFR standards. As the court explains: Plaintiffs contend that the district court erred in...

Full Senate Starts Debate On Kagan

Posted on August 03, 2010
Details here. Does anyone believe she will not be confirmed?? Mitchell H. Rubinstein

Article on USERRA Rights

Posted on August 02, 2010
Mathew B. Tully wrote an interesting article entitled USERRA Comes front and Center in the May 24, 2010 New York Law Journal (registration required). He writes that as a result of multiple deployments, more and more veterans and military personnel...

Person Hired to Video Tape Is Not An Employee For Unemployment Purposes

Posted on August 02, 2010
As both regular readers and my students all know, employee status is an issue often litigated in employment law. There are different tests of employee status. Matter of Rosen v. Commissioner of Labor, ___A.D.3d___(3d Dep't. May 20, 2010), demonstrates that...

Copy of Court Decision Enjoining Enforcement of Parts of Arizona's Immigration Law

Posted on August 01, 2010
As most of you are know doubt aware, a portion of Arizona's Immigration Law was enjoined on preemption grounds. I thought readers would be interested in having a copy of that decision, U.S. v. Arizona, ___F.Supp.2d____(D. Az. July 28, 2010)....

School Law Jobs

Posted on July 31, 2010
Job TitleEmployerJob LocationLabor & Employment AttorneyLozano SmithFresno, CaliforniaSchool AttorneyHarbottle Law GroupOrange County, CaliforniaSpecial Education AttorneyLozano SmithFresno, CaliforniaLegal CounselColorado Association of School BoardsDenver, ColoradoSchool Law AttorneyBrannan Legal SearchChicago, IllinoisEmployment/Labor Law Associate AttorneyThrun Law FirmEast Lansing, MichiganStaff AttorneyCity of MurfreesboroMurfreesboro, Tennessee

3rd Circuit Holds NJ School District Must Pay For Disabled Students Private Education

Posted on July 30, 2010
D.S. v. Bayonne Bd. of Educ., ____F.3d____(3d Cir. Apr. 22, 2010), is an interesting case. The 3rd Circuit held that a school district is liable under the Individuals with Disabilities Education Act (IDEA) for private school placement of a disabled...

Fruitless efforts to mainstream child justify more restrictive placement

Posted on July 29, 2010
A California district demonstrated that a kindergartener had significant behavioral issues that impeded her ability and the ability of her classmates to access the curriculum in a general education classroom. Therefore, its proposal to place the student in a special...

Teacher?s use of force to restrain disabled student violated neither substantive due process rights nor rights under section 504 of the Rehabilition Act

Posted on July 28, 2010
T.W. v. Sch. Bd. of Seminole County, No. 09-12623 (11th Cir. Jun. 29, 2010), is an interesting case. The 11th Circuit held (2-1), that a teacher?s use of force to restrain a student with autism/pervasive developmental disorder violated neither the...

Interesting Blog On Technology Issues

Posted on July 28, 2010
On Technology Law is an interesting blog by Texas Attorney D.C. Toedt who practices intellectual property and is Adjunct Law Professor at Univ. Houston Law School. The blog addresses much more than technology issues. It contains notes and "cheat sheets"...

School district?s IEPs were not procedurally flawed under IDEA because they lacked ?baseline data? regarding measureable annual goals

Posted on July 27, 2010
Lathrop R-II Sch. Dist. v. Gray, ____F.3d___, No. 09-3428 (8th Cir. Jul. 2, 2010), is an interesting case. The Eighth Circuit held that a school district did not violate the procedural requirements of the Individuals with Disabilities Education Act (IDEA)...

Why Adjunct? or Why Teach?

Posted on July 27, 2010
Steve Blank recently wrote on his blog an interesting posting about why someone with something to say should consider teaching. It is called You Cannot Take It With You. As the posting states: Lessons Learned If you don?t teach it...

15 Facts Law School Do Not Want You To Know

Posted on July 26, 2010
15 Facts Law Schools Don't Want You To Know is an interesting post by a commercial cite generated to direct traffic to their cite, but which readers may find of interest. So what are those 15 facts? Books are incredibly...

Cyber Bullying Not Actionable

Posted on July 26, 2010
Though not an employment case, Finkel v. Dauber, ___Misc. 3d____(Nassau Co. July 22, 2010), is never-the-less, an important case for students of labor law as well as others. The case was an action for defamation based upon a teenagers posting...

Free Office Products (Fax and Conference Calls)

Posted on July 26, 2010
There are now several products on the web which allow you to send and receive a fax for free as an email and to make free conference calls via a regular telephone. There are limitations to all of these services,...

Even without a finding of bad faith or willfulness, the disclosure of mediation discussions in violation of a confidentiality agreement may nonetheless subject a party to sanctions.

Posted on July 25, 2010
Spoth v. M/Y Sandi Beaches//2010 WL 2710525 (W.D.N.Y.July 7, 2010) (not available on internet), is an interesting case which discusses the possibility of sanctions if a party discloses confidences learned in court annexed mediation. Scholars and lawyers may find this...

School Law Jobs

Posted on July 24, 2010
Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California School Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith Fresno, California Legal Counsel Colorado Association of School Boards Denver, Colorado School Law Attorney...

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