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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

California appellate court upholds premliminary injunction barring school district from enforcing mandatory, random student drug testing policy

Posted on January 24, 2011
Brown v. Shasta Union High Sch. Dist., No. C061972 (Cal. App. Ct. Sept. 2, 2010), is an interesting case. There, a California appellate court, in a unanimous unpublished decision, upheld the issuance of an preliminary injunction prohibiting Shasta Union High...

Kansas high school ends ban on disabled students being nominated for homecoming court

Posted on January 23, 2011
A Kansas High School repealed its policy prohibiting students with disabilities from being nominated for homecoming court, reports the Associated Press (AP) in Education Week. Students apparently launched a petition drive that gathered about 800 signatures and prompted administrators to...

2d Circuit Dismisses DFR Suit Against Employer Because Union Did Not Breach Its Duty

Posted on January 21, 2011
Jones v. Local 1199, ___F.3d____(2d Cir. Sep't. 6, 2010), is an interesting case which summarizes applicable DFR standards one of which is that to prevail a plaintiff must establish BOTH a breach of duty by the union and a breach...

Texas school district?s policy requiring visitors to its schools to submit to a sex offender background check does not violate parents? constitutional right to direct their children?s education

Posted on January 20, 2011
Meadows v. Lake Travis Indep. Sch. Dist., ____F.3d____,No. 09-50850 (5th Cir. Sept. 8, 2010), is an interesting case. The Fifth Circuit ruled unanimously that a school district?s policy requiring all visitors to its schools to undergo an electronic sex offender...

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Special Education Developments

Posted on January 20, 2011
Professor Mark Weber, who is a friend to this blog and the author of the leading treatise on Special Education writes to inform of important developments. First, Oct. 5, the IDEA uses the term, "intellectual disabilities" instead of mental retardation...

Employees Beware: Many Employers Google Job Candidates

Posted on January 19, 2011
More and more employers are googling job applicants before they hire them-well at least according to Attorneys At Work. I think this is a reasonable assumption. So, it makes sense for everyone to google, yahoo and bing their own names...

Claiming drug abuse as a disability under the Americans with Disabilities Act

Posted on January 19, 2011
D?Amico v Bruno, CA2, 132 F.3d 145 Vito D?Amico, a New York City firefighter, complained that the Department violated the Rehabilitation Act of 1973 (an anti-discrimination law that applies to federally-funded employers) when it dismissed him from his position with...

Some procedural basics in perfecting an appeal to the Commissioner of Education

Posted on January 18, 2011
Kathleen Vendel, et al., v the Board of Education of the Marion Central School District, Decisions of the Commissioner of Education, Decision #16,134 The decision of the Commissioner of Education in Vendel sets out a number of procedural elements that...

Elementary school students enjoy the First Amendment right of freedom of speech

Posted on January 17, 2011
Morgan v. Swanson, ____F.3d____ (5th Cir. Nov. 29, 2010), is an interesting case. The Fifth Circuit affirmed thea lower court?s denial of qualified immunity to two elementary school principals from a suit by the parents of elementary school children who...

In an appeal to the Commissioner of Education the petitioner has the burden of proof and must establish his or her right to the relief requested

Posted on January 16, 2011
Appeal of Wornum seeking the removal of the Superintendent of the Westbury Union Free School District, Decisions of the Commissioner of Education, Decision #16,166 Larry D. Wornum, than a member of the School Board, asked the Commissioner of Education to...

School Law Jobs

Posted on January 15, 2011
Job Title Employer Job Location Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California School/Employment Law Attorney Carter Mathis San...

Beware of Face Book

Posted on January 14, 2011
Can employers get access to your Face Book account? Increasingly, the answer may be yes. In a New York case, where the plaintiffs physical condition was at issue, a lower court judge ordered that a defendant be granted access, Romano...

Randall & Randall, The Discipline Book and Layoff, Preferred Lists and Restatement

Posted on January 14, 2011
Harvey and Eric Randall have done it again. They just updated their two treatises; The Discipline Book and Layoff, Preferred Lists and Restatement. Both are the only works of their kind and are simply excellent. They come as close as...

If School Voluntarily Agrees To Pay For Private Placement Parents Are Not Entitled To Attorneys Fees

Posted on January 13, 2011
The parents of a 9-year-old student with autism did not achieve prevailing party status in a reimbursement action, despite the district's voluntary promise to reimburse them for his private school tuition. The EDNY reasoned that the parents would have received...

Employer lawfully fired Seventh Day Adventist who didn?t work Saturdays; accommodation would cause undue hardship

Posted on January 12, 2011
Although a Seventh Day Adventist who requested Saturdays off to observe the Sabbath stated a prima facie case of religious discrimination, a district court held that the employer was entitled to summary judgment because it demonstrated that it could not...

Discharge of older worker, but not younger worker with whom he fought, upheld; discharge due to history of altercations, not age bias

Posted on January 11, 2011
The 7th Circuit recently held that the lower court properly granted judgment as a matter of law on the age discrimination claim of a plant employee who was fired after several heated disputes with his coworkers.Runyon v Applied Extrusion Techs,...

Supremes Hold That Residents Must Pay FICA Taxes Even Though They Are Students-What Does This Mean For Labor Law?

Posted on January 11, 2011
I bring Mayo Foundation v. U.S., 562 U.S.___(Jan. 11, 2011), to your attention because of its possible effect on labor law. The Court held that medical residents must pay FICA taxes. The IRS Code provides that taxes must be paid...

So You Want To Be A Lawyer

Posted on January 10, 2011
Is Law School A Losing Game?, is an important Jan. 8, 2011 NY Times article that everyone thinking of law school should read. It describes the terrible job prospects new lawyers face and questions whether law school is worth it...

IEP Does Not Need To Address Separation Anxiety Since It Fails Affect Academics

Posted on January 10, 2011
The Minnesota Education Department determined that a district developed an appropriate IEP for a 10-year-old girl with a speech-language impairment. The district was not required to offer goals and services concerning the student's separation anxiety disorder because an IEP must...

Virginia school district to allow epileptic student to attend with service dog on trial basis

Posted on January 10, 2011
The issue of the use service animals in school is difficult. Recently, the Washington Post reported that school officials have agreed to allow an epileptic elementary school student to attend school with his specially-trained service dog on a two-week trial...

No prima facie case where male comparators did not violate employer?s policies to same extent as female

Posted on January 09, 2011
Weber v Universities Research Assoc, Inc, ____F.3d____( 7th Cir, September 2, 2010), is an interesting case which demonstrates the importance of comparative evidence in employment discrimination law. Because none of the male comparators identified by a female engineer violated the...

School Law Jobs

Posted on January 08, 2011
Job Title Employer Job Location Education Law Associate Fagen Friedman & Fulfrost LLP San Diego, California General Counsel San Diego Unified School District San Diego, California Labor & Employment Attorney Lozano Smith Fresno, California Special Education Attorney Lozano Smith Fresno,...

Lawyer Disciplined For False Notarization Of Court Papers

Posted on January 07, 2011
Matter of Essien, ____A.D.3d___, 2010 N.Y. Slip Op. 06512 (1st Dep't. August 31, 2010), reminds us that no matter how easy it might be to do, a lawyer should never, repeat never, notarize a signature if he did not see...

Parents stated valid cause of action for damages under � 504 of the Rehabilitation Act for denying their disabled children meaningful access to a public education

Posted on January 06, 2011
Mark H. v. Hamamoto, ___F.3d___ (9th Cir. Aug. 26, 2010), is an interesting case.The 9th Circuit held that the parents of two children with autism stated a valid claim for damages under� 504 of the Rehabilitation Act against the Hawaii...

Call For Scholarly Papers Re: Employee Benefits

Posted on January 06, 2011
The University of Minnesota is the current home of the ABA Journal of Labor & Employment Law, and they are actively looking for employee benefits articles. Here is some information from the Editor-in-Chief: The ABA Journal of Labor & Employment...

Does The NYS Division of Human Rights Have Jurisdiction Over Claims By Students Against Schools?

Posted on January 05, 2011
Discrimination, of course, can occur in all phases of life. Query whether a student can bring a discrimination case against a school district for race discrimination. The answer, which you would think would be clear, is completely unsettled. The issue...

Vietnamese worker fired for theft of company property could pursue national origin bias claims; comparators who ?stole time? were deemed similar

Posted on January 04, 2011
Evidence that similarly situated, native-born American employees who committed similar offenses were treated more favorably allowed a Vietnam-born employee who was terminated for stealing company property to pursue his Title VII and Pennsylvania law national origin discrimination...

Male Employee Makes Out A Case Of Reverse Sex Discrimination Case

Posted on January 02, 2011
Plaintiff, a male social worker who was not promoted presented sufficient evidence to go forward with his reverse sex discrimination claims under Title VII; however, his ADEA age bias claims failed because he was unable to demonstrate animus. Bradley v...

Who is the employer?

Posted on December 31, 2010
Who was the employer who fired Floral Park Public Library part-time library clerk Barbara Beers: the Village of Floral Park or the Floral Park Public Library? Such a simple question is not as easy to answer as one might expect....

Special Ed Cases Year in Review

Posted on December 30, 2010
Professor Zirkel wrote an excellent article summarizing special education cases for 2010 as well as related 504 and other cases. That article is a must for anyone who practices in this area and is available here. Mitchell H. Rubinstein

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