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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

NYS May Cut Back On Special Education Services

Posted on November 15, 2010
New York Newsday reported on Nov. 13, 2010, that the state may ease up on its support for special education, here (registration required). The article states: State education officials are poised to trim mandated services for thousands of special education...

Theodore Kheel Dead at 96

Posted on November 15, 2010
On Nov. 12, 2010 Ted Kheel died at age 96, here. I never meet Mr. Kheel, but has a labor lawyer growing up and practicing in New York, he had a tremendous influence on me. He was involved in every...

HR director could pursue claims that she was retaliated against because she advocated for minority workers

Posted on November 14, 2010
A female HR director, who was suspended and eventually discharged after allegedly persuading management not to fire certain minority employees, sufficiently pled her retaliation claims and withstood her employer?s motion to dismiss. Adams v Northstar Location Services, LLC, ___F...

School Law Jobs

Posted on November 13, 2010
School Law Jobs Legal Counsel Kyrene School District Tempe, Arizona 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...

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Is the Roberts court moving to the right?

Posted on November 12, 2010
Under Roberts, Supreme Court Has Edged to the Right is an interesting July 24, 2010 New York Times article. I thought it would be appropriate to bring it to your attention now that a new term of the Supreme Court...

Child with autism can benefit without strict ABA approach

Posted on November 11, 2010
A Tennessee ALJ denied reimbursement for private ABA therapy to the parent of a child with autism spectrum disorder and pica. The district did not deny the child FAPE by offering an eclectic approach in a special class at a...

Teachers? personal emails sent on school computers were not records within the meaning of Wisconsin?s Public Records Law

Posted on November 11, 2010
Schill v. Wisconsin Rapids Sch. Dist., No. 08-AP967 (Wis. Jul. 16, 2010), is an interesting state supreme court case out of Wisconsin. The court held, in a 5-2, the personal emails sent by teachers on school district computers are not...

School district did not violate Establishment Clause by holding graduation ceremonies at local church

Posted on November 10, 2010
Does 1,7, 8 and 9 v. Elmbrook Joint Common Sch. Dist. , ____F.Supp.2d. ___ (E.D. Wis. Jul. 19, 2010), is an interesting case. The court held that a school district did not violate the First Amendment Establishment Clause by holding...

Developing Labor Law 2010 Cumulative Supplement Is Out

Posted on November 10, 2010
Management and Union labor lawyers as well as scholars all have one thing in common. Everyone uses the Developing Labor Law. It is one of the few treatises which I purchase. The 2010 Cumulative Supplement is out. It is available...

Text Book Inflation

Posted on November 09, 2010
The cost of college and law school textbooks is unbelievably high and it gets little attention. The Albany Times Union published an important newspaper article documenting this fact of university life. The article points out that publishers will not have...

Bullying In School and The Homosexual Agenda; Is There A Connection??

Posted on November 09, 2010
A November 6, 2010 New York Times article rises the question whether the anti-bullying lobby in schools has a secret anti-homosexual agenda, here. As the article states: Angry parents and religious critics, while agreeing that schoolyard harassment should be stopped,...

NLRB Files Formal Complaint Against Company That Fired Employee For Comments On Facebook

Posted on November 08, 2010
The Hartford Courant reports that the NLRB filed a formal complaint against an ambulance company that fired an employee for complaining about her boss on Facebook. The company has a policy prohibiting employees "from making disparaging, discriminatory or defamatory comments"...

Female supervisor may proceed with claim that male subordinate subjected her to a sexually hostile work environment

Posted on November 08, 2010
A female supervisor harassed by a male employee in her department, was able to pursue her Title VII hostile work environment claims because she raised triable issues as to whether the alleged harassment was based on her gender, whether it...

Employment Contracts are Not Determinative of Independent Contractor Status

Posted on November 07, 2010
The Ninth Circuit recently held that a freight company, which provided package pick-up and delivery, could not defeat the provisions of the California Labor Code by inserting a clause in an employer-drafted, pre-printed form contract declaring its drivers to be...

Social Networking and Workers? Compensation Law at the Crossroads

Posted on November 06, 2010
Professor Duhl and Millner will be publishing an interesting article in Pace Law Review entitled "Social Networking and Workers' Compensation Law at the Crossroads," available here. The abstract provides: Over the past decade, social networking has increasingly influenced the practice...

School Law Jobs

Posted on November 06, 2010
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, Illinois

Research on High School student drug testing program shows no long-term effect of drug use

Posted on November 05, 2010
The USA Today reported that new research paints a decidedly mixed picture when it comes to mandatory drug testing for high school students trying out for sports or other extracurricular activities: While testing seems to reduce self-reported drug use in...

Fifth Circuit holds state pledge of allegiance?s inclusion of phrase ?under God? and mandatory recitation do not violate Establishment Clause

Posted on November 04, 2010
The 5th Circuit held ruled that the inclusion of the phrase ?under God? in the Texas state pledge of allegiance does not violate the U.S. Constitution?s Establishment Clause; nor does the statutory provision requiring daily recitation of the pledge by...

How Not To Draft A Complaint

Posted on November 03, 2010
Jim Levy over at Legal Skills Prof Blog ran an interesting story about a lawyer who drafted 465 page complaint and the judge who responded by stating: Plaintiff has a great deal to say, But it seems he skipped Rule...

Textbooks May Be Here To Stay

Posted on November 02, 2010
In a Digital Age, Students Still Cling to Paper Textbooks is an interesting Oct. 19, 2010 Article from the New York Times. The point of the article is that computers cannot do everything and at some colleges, students prefer plain...

NLRB About To Again Flip On Issue Of Graduate Students Employee Status

Posted on November 01, 2010
In New York University, 356 NLRB N0. 7 (Oct. 25, 2010), the Board, divided along party lines granted the union's petition for review of a case which dismissed a representation petition because the petitioned for employees, graduate students, were not...

Interesting Article on Defense of Marriage Act

Posted on October 31, 2010
Prof. Joanna Grossman of Hofstra Law School recent wrote an interesting article on the Defense of Marriage Act for Findlaw, here. It is about Gill v. Office of Personnel Management and Commonwealth v. U.S. Department of Health and Human Services...

School Law Jobs

Posted on October 30, 2010
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, Illinois

Yikes. The Cost of College In 2010

Posted on October 29, 2010
The cost of college is becoming prohibitively expensive. Even public colleges are not cheap. The average cost at a state school is $7,605, but that is without room and board. With room and board, that figure rises to $16,140. At...

Filing Documents Under Seal

Posted on October 29, 2010
Occasionally, it is necessary to protect a party by filing a lawsuit under seal. Both federal and NYS courts have specific procedures governing such matters. An excellent July 19, 2010 New York Law Journal article describing this process under state....

An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis

Posted on October 28, 2010
Pereira v Nassau County Civ. Serv. Commn., 2010 NY Slip Op 51209(U), Decided on June 14, 2010, Supreme Court, Nassau County, Judge Thomas Feinman, [Not selected for publications in the Official Reports] The Nassau County Civil Service Commission disqualified Victor...

Low Cost Legal Research Alternatives

Posted on October 28, 2010
Our sister blog, Legal Skills Prof Blog, which is edited by Adjunct Law Prof Blog contributing editor Jim Levy, recently posted a list of alternatives to Lexis and Westlaw which found courtesy of the Wisconsin Law Journal. They are Fastcase,...

Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action

Posted on October 27, 2010
Batyreva v New York City Dept. of Education, 57 AD3d 322, Motion to appeal denied, Slip Opinion No: 2009 NYSlipOp 67524 Olga Batyreva alleged that she was assigned to grade a Regents examination and while doing so, observed other teachers...

NLRB Issues Major Decision Requiring Electronic Postings of ULP Notices

Posted on October 27, 2010
The NLRB is finally in the 21st Century. In J. Picini Flooring, 356 NLRB No. 9 (Oct. 22, 2010), the Board ruled 3-1 that ULP notices must be posted electronically when employees communicate in that manner. Brian Hayes, the lone...

School district?s policy requiring teachers to obtain permission before distributing written materials in internal mailboxes did not violate teacher?s free speech rights

Posted on October 26, 2010
Policastro v. Tenafly Bd. of Educ., ___F.Supp. 2d____ (D. N.J. May 7, 2010), is an interesting case. A district court in New Jersey has ruled that school district officials did not violate a teacher?s First Amendment right to freedom of...

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