Academic

Retirement and Special Needs Planning

Posted on July 23, 2010
Retirement Accounts and Special Needs Planning is a lengthly, but important May 2010 article from the NYS Bar Journal. It is primarily about how a beneficiary, who may have special needs, should handle a distribution of retirement or other income....

Most Woman State That They Have a Proper Balance Between Their Work and Personal Life

Posted on July 22, 2010
A recent survey by Kenexa Research Institute indicates that 61% of woman believe that they are able to achieve a proper balance between their work and personal life, more here. The report is based on the analysis of data drawn...

What If College Tenure Dies??

Posted on July 22, 2010
What if College Tenure Dies?, is an interesting Discussion article from the New York Times. The article does not take a view, but rather is written to generate discussion. Tenure of course, remains controversial in both the K-6, college and...

Cyber Bullying In Schools

Posted on July 22, 2010
The Washington Post wrote an interesting July 21, 2010 editorial on Cyberbullying which readers may find of interest. The point of the article is that parents have a role in ending cyberbullying. As the article states: But ultimately it is...

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Employees who prayed for coworker because she was ?demonically oppressed? raised triable issues as to whether they were discharged based on their religious beliefs

Posted on July 21, 2010
Sometimes you just cannot make these facts up. Two administrative assistants who were discharged by their state university employer after praying for a coworker in her cubicle because they believed she was ?demonically oppressed? raised triable issues as to whether...

County not required to defend or indemnify an employee being sued if alleged act or omission was not within the scope of the employee?s duties

Posted on July 21, 2010
Rew v County of Niagara, 2010 NY Slip Op 04009, decided on May 7, 2010, Appellate Division, Fourth Department Public Officers Law §17, with respect to State officers and employees and Public Officers Law §18, with respect to officers and...

New Hampshire school board adopts dress code for teachers banning casual attire

Posted on July 21, 2010
According to published reports, the Board of the Manchester School Committee has approved a dress code that bans jeans, shorts, flip-flops and some sneakers. The policy requires teachers and staff to dress professionally to present a good image for the...

Important New Article on Special Education and Section 504

Posted on July 20, 2010
Professor Mark Weber, who is one of the legal scholars in this area of law, just posted on SSRN an important new article entitled A New Look At Section 504 and the ADA in Special Education Cases which will appear...

As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed

Posted on July 20, 2010
Mason v Board of Fire Commissioners of Jericho Fire District, 2010 NY Slip Op 04199, Decided on May 11, 2010, Appellate Division, Second Department A disciplinary hearing officer found volunteer firefighter Keith Mason guilty of seven charges of misconduct and...

Senate Judiciary Committee To Vote On Kagan This Tuesday

Posted on July 20, 2010
The Senate Judiciary Committee is set to vote on Kagan's nomination this Tuesday. Details here. The only question is how many Republican votes will she get. Mitchell H. Rubinstein

New York Human Rights Law Does Not Apply To Non-Residents.

Posted on July 19, 2010
Hoffman v. Parade Publications, ___N.Y.3d____(July 1, 2010), is an interesting case. New York's highest court held that protections of New York State and City Human Rights Laws do not extend to an employee who does not reside or work in...

Video Syllabus

Posted on July 18, 2010
The New York Times recently put a syllabus sampler online which is a video collection of lectures from 6 major universities. Check it out. It is quite interesting and if you have a child nearing college, they may want to...

School Law Jobs

Posted on July 17, 2010
School Law Jobs 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...

Attorney Found To Be Employee (as opposed to a partner) And Therefore Eligible For Unemployment

Posted on July 16, 2010
Matter of Friman, ____A.D3d___(3rd Dep't. May 13, 2010), is an important case. Only employees are protected under most employment laws. The issue here was weather an attorney was a partner or an employee for unemployment purposes. The court found that...

Grade Inflation

Posted on July 15, 2010
Former Professor Stuart Rojstaczer has an interesting web site entitled www.gradeinflation.com. In this web site, he attempts to demonstrate a rising trend in grade inflation. I do not know how accurate his figures are, but he presents an impressive chart...

The changing business model for contract attorneys

Posted on July 15, 2010
Just as economic forces have conspired to make the hiring of contingent employees a robust practice in academia, similar forces have made it a viable option in the practice of law. But working conditions have begun to get even more...

Tips to help adjuncts be more effective and find greater satisfaction

Posted on July 15, 2010
Recognizing that the majority of undergraduate courses are taught by contingent faculty, the Chronicle of Higher Ed columnist known as the ProfHacker offers up these six tips to help makes adjuncts more effective and happier in their jobs. Be nice...

Does hi-def technology pose new threat to attorney-client privilege?

Posted on July 14, 2010
If you read the popular press, you probably noticed the story about actress Lindsey Lohan wearing a fingernail stencil with the epithet "F*k U" during her recent sentencing hearing on probation violations. The question has been raised whether that message...

One legal recruiter says lateral hiring is up in California

Posted on July 14, 2010
So reports today's online ABA Journal blog: Southern California legal recruiter Delia Swan is hearing from more law firms seeking to hire experienced associates. Swan told the Recorder that, at the beginning of the year, she might go a week...

The case for attending law school

Posted on July 14, 2010
Although the blog Above the Law is usually exhorting prospective students to avoid law school like the plague, in this column EIC David Lat makes the case that law school is a good choice despite the bad job market: Regular...

Arizona superintendent of schools seeks to recover funds from district that allegedly allowed Mexican students to attend schools

Posted on July 14, 2010
The Arizona superintendent of schools has reportedly announced that his office is seeking $1.2 million from the Ajo Unified School District (AUSD), allegedly for using state funds to educate 105 students from Mexico since 2007. An investigation began in 2004...

NYT says academic plagiarism is not just dishonest, it undermines learning

Posted on July 14, 2010
Here's an important editorial that ran in the New York Times earlier this week: A friend who teaches at a well-known eastern university told me recently that plagiarism was turning him into a cop. He begins the semester collecting evidence,...

Colbert Report pokes fun at law school grade inflation

Posted on July 14, 2010
Thanks to Above the Law for finding the video. The Colbert Report Mon - Thurs 11:30pm / 10:30c www.colbertnation.com (jbl)

Massachusetts Supreme Judicial Court upholds arbitrator?s finding of no just cause to terminate teacher for lack of fluency

Posted on July 13, 2010
School Committee of Lowell v. Robishaw, No. SJC-10512 (Mass. May 4, 2010), is an interesting case. The Supreme Court of Massachusetts upheld an arbitrator?s finding that a school committee did not have just cause to terminate a teacher for failure...

Review of Sprint HTC EVO? 4G

Posted on July 12, 2010
I just purchased the Sprint HTC EVO? 4G smartphone two days ago and I thought it would be helpful to tell my readers why I think they should seriously consider purchasing one. This is actually my fourth smart phone (Handspring...

Student disciplined in ?sexting? incident sues Virginia district

Posted on July 12, 2010
According to published media reports, a senior at Liberty High School (LHS), has filed suit in federal court against Bedford County School District (BCSD) claiming he was subjected to unconstitutional punishment over a ?sexting? incident. Specifically, the suit alleges Bedford...

Survey of public law school profs salaries

Posted on July 12, 2010
A random sampling courtesy of Brian Leiter's blog via the TaxProf Blog: Arizona State Florida George Mason Illinois Michigan Missouri (Columbia) North Carolina Ohio State Rutgers (Camden & Newark) SUNY (Buffalo) Texas Virginia William & Mary Wisconsin For some reason,...

The number of law school applications and applicants is up

Posted on July 12, 2010
This report from the National Law Journal is no doubt making Above the Law's Elie Mystal reach for his blood-pressure meds: Both the number of law school applications and applicants are up, by 7% and 3%, respectively. Some schools have...

Lawyer File Sharing Service

Posted on July 11, 2010
Ever need a form complaint or a canned brief? Now there is a file sharing service where lawyers can post and retrieve procedural forms, motions and briefs. You can also set a price that someone will have to pay if...

School Law Jobs

Posted on July 10, 2010
Labor & Employment AttorneyLozano SmithFresno, CaliforniaLegal Counsel IIWhittier Area Cooperative Special Education ProgramWhittier, CaliforniaSchool AttorneyHarbottle Law GroupOrange County, CaliforniaSpecial Education AttorneyLozano SmithFresno, CaliforniaLegal CounselColorado Association of School BoardsDenver, ColoradoSchool Law AttorneyBrannan Legal SearchChicago, IllinoisStaff AttorneyCity of MurfreesboroMurfreesboro, TennesseeAssistant General CounselTacoma...

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