Education Conflict of Laws

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Ninth Circuit Finds That The Garcetti “Official Duties” Rule Does Not Apply To Public University Employee Academic Speech

Just this month, in Demers v. Austin, 729 F.3d 1011 (9th Cir. 2013), the Ninth Circuit became the first federal circuit court to hold that techers employed by the state had a First Amendment right on speech made in academic...more

Federal Arbitration Act Preempts California’s Broughton-Cruz Rule, Allowing Arbitration of all Claims Including Claims for...

A federal district court denied a motion to compel arbitration for claims for injunctive relief under California’s unfair competition law, Consumer Legal Remedies Act, and false advertising law but granted the motion as to...more

Medical Marijuana And K-12 Schools: The Straight Dope On How Schools Can Deal

Illinois recently joined twenty other states and the District of Columbia in legalizing medical marijuana. Four other states are considering passing similar legislation in the near future. ...more

Can Schools Prohibit “I ♡ Boobies” Bracelets . . . Or Not?

This month, two courts issued dramatically different opinions about whether school districts can prohibit breast cancer awareness bracelets reading “I ? boobies” without running afoul of students’ First Amendment free speech...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Letters of Protection- A Hobson’s Choice for Patient, Doctor and Attorney A Personal Injury Lawyer/ Medical Practice...

A “Hobson’s Choice” is a choice that appears to give you more than one option, but in fact only offers one option. So it is with the Letter of Protection (LOP). You, the patient, doctor or attorney, think...more

District Court Rules District Must Fund Student’s Stay-Put Placement through Appeal to Circuit Court, Though District’s IEP...

When a dispute arises between parents and a district concerning the special education identification, evaluation, placement, or free appropriate public education (FAPE) of a student, the IDEA provides that the student will...more

New Jerseyans with Disabilities: Still Second Class Citizens

New Jerseyans with disabilities are still second class citizens, despite Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Indivisuals with Disabilities Education Acr, and New Jersey's Law...more

Chicago Tribune Company v. University of Illinois Board of Trustees

Brief of Amicus Curiae Electronic Privacy Information Center (EPIC) In Support of Appellant and Urging Reversal

EPIC Urges Seventh Circuit to Protect Students' Privacy Rights EPIC filed a "friend of the court" brief in Chicago Tribune v. University of Illinois, a case involving student privacy rights protected by the Family...more

Função Ambiental - Antonio Herman Benjamin

1. Introdução: O ambientalismo como fenômeno universal - 2. A evolução da preocupação ambiental e o despertar do Direito - 3. Direito Administrativo e Direito Ambiental: Exportação e importação à origem da noção de função...more

What to do when your Patient wants to sue?

This article covers: Your Liabilty risks, What to Document, Spotting patients prone to sue as well as how to make sure you chart properly and what should be charted and what should be left out....more

Proper Charting For Advanced Directives

This article covers the importance of Advanced Directives. This is one of the single most important decisions that one can make during their life as it effects the way you want to be taken care of if you or a loved are faced...more

Preemption Not Dead: Servicers Of Student Loans Achieve Significant Victory in Ninth Circuit Preemption Case

In Chae v. SLM Corporation, No. 08-56154 (9th Cir. January 25, 2010), the U.S. Court of Appeals for the Ninth Circuit held that the federal Higher Education Act (the "HEA") preempts student borrowers' ("Plaintiffs") claims...more

When the Witness is Suspect

"When the Witness is Suspect"This is a re-print from an article that first appeared in the Los Angeles times. This article discusses the pitfalls sometimes acquired when utilizing the Expert Witness in Medical Malpractice...more

ECOPERSONALISMO E DIREITO AO MEIO AMBIENTE

O objetivo do presente artigo consiste em refletir brevemente sobre as consequências, no âmbito do direito ao meio ambiente, das diferentes concepções sobre a relação entre o ser humano e a natureza, isto é, o modelo...more

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