In Padilla v. Kentucky, 559 U.S. 356 (2010), the United State Supreme Court held that an attorney representing a plea bargaining noncitizen criminal defendant must advise that client about the immigration consequences associated with the plea. Specifically, when the immigration
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South Texas Law Review: Ethics in Energy and Environmental Law
South Texas Law Review is hosting its 23rd Annual Symposium tomorrow, February 24, at the school's downtown campus. Information about this symposium is here.Craig Estlinbaum
Supremes Issue Major IDEA Case Concerning Exhaustion of Administrative Remedies
The IDEA requires exhaustion of administrative remedies before bringing a due process complaint for the denial of a Free and Appropriate Education. But, what about a discrimination claim under the ADA or the Rehabilitation Act for the failure to accommodate…
Missouri Becomes 28th Right To Work State
Governor Eric Greitens of Missouri, on Feb. 6, 2017, signed a Bill into law which makes Missouri the 28th right-to-work state. Under this new law, effective August 28, 2017, employers are barred from requiring employees to become, remain,…
The End of Employees
The Wall Street Journal has a thought provoking Feb. 1, 2017 peace entitled The End of Employees. It is about how business are contracting out more and more. Why? Because it is cheaper of course. As the article states:Steven…
NLRB General Counsel Issues Memo Concerning Students and Religious Universities
On January 31, 2017, the NLRB General Counsel issued the attached Memo Download GC 17_01 Report on the Statutory Rights of University on the statutory rights of university employees and students.As readers may be aware, the Board recently issued several…
President Trump Appoints Philip A. Miscimarra NLRB Acting Chairman
The NLRB just released a Press Release which states in part:President Donald J. Trump has named Board Member Philip A. Miscimarra Acting Chairman of the National Labor Relations Board. “It is an honor to be named NLRB Acting Chairman by the…
Where Does Adjunct Savings Go?
The transition from full-time tenured instructors to part-time non-tenured instructors, some at poverty wages, is now a long-term trend in higher education. (See Mitchell's recent post on the subject below). With the Texas legislature beginning its 140-day biennial session last month,…
Alarming Developments at Charlotte Law
This post at The Faculty Lounge by David Frakt suggests utter chaos is underway at Charlotte School of Law, an Infilaw for-profit law school. Charlotte law had previously pushed back the start of the semester by one week and…
Legal Malpractice Case Involving Labor Arbitration
I do not usually comment on tort cases. However, I recently came across Westchester Hills Gold Club v. Panken, 2017 N.Y. Slip Op. 30045(U) (New York Co. Jan. 10, 2017), which many readers may find of interest. Download Westchester Hills…