Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Saturday, April 16, 2011

Information and Copies of Legal Documents Concerning Wisconsin Union Busting Law

The Wheeler Report contains copies of documents concerning the Wisconsin Union Busting law, i.e, known by the Tea Party as the Budget Repair Bill. This is a wonderful resource where you can find copies of the pleadings, briefs and court decisions. Researchers will find this cite of great assistance.

Mitchell H. Rubinstein

April 16, 2011 in Current Events, Unions, Websites, Faculty, Websites, Lawyers | Permalink | Comments (0)

Monday, November 19, 2007

The Dark Side of Blogging and Law Professor Writings

Leonard Link run by NY Law School Professor Arthur Leonard has an excellent November 17, 2007 story entitled entitled "Personal Diary: The Pains and Perils of Journalism and the Internet" which is about a painful phone call Professor Leonard received who was a party to a case he wrote about.  Professor Leonard wrote about his case 5 years ago and but for the internet, only lawyers may have discovered it. Now, if you Google this persons name you can find out that he sued his employer for sex discrimination by claiming that he was illegally fired because he was gay. As Professor Leonard explains:

    I just experienced a painful phone call that derives entirely from the recently developed phenomenon of what I call "auto-googling."  Most people with an internet presence will google their own names from time to time, mainly out of curiosity to see where they are being mentioned.  As access to the internet has become more and more widespread, this phenomenon increases... And it has, I suspect, become as much of a pain to others who have practiced journalism on-line as it has become to me.

Before the advent of the internet and blogs much of what we write about would only be accessible by legal researchers and law professors. It is easy to forget that there are real people and real lives behind what we write about. Prudent lawyers should inform their clients that if they go to court, there story is going to be public. In this day and age, that means that there story may get out.

Mitchell H. Rubinstein 

November 19, 2007 in Blogs, Faculty, Blogs, General, Blogs, Legal, Websites, Faculty, Websites, Law Students, Websites, Lawyers | Permalink | Comments (0) | TrackBack (0)

Friday, November 9, 2007

Use of the Internet To Find Amici

Robert Ambrogi's LawSites has an interesting posting on the use of the web to find amici. The article is entitled " Soliciting Amici via the Web" and is available here. As Bob writes:

A new legal advocacy group, The Family Defense Center, today unveiled a Web page designed to solicit amici curiae to support its bid to secure Supreme Court review of a decision of the 7th U.S. Circuit Court of Appeals, Dupuy v. Samuels. This struck me as an interesting way to use the Web to drum up amicus support -- one I do not recall seeing in quite this way before.

Like Bob, I have never seen the web used like this before. However, I think it is a great idea and sure to increase in the future.

Mitchell H. Rubinstein

November 9, 2007 in Websites, Lawyers | Permalink | Comments (0) | TrackBack (0)

Saturday, October 20, 2007

Navigating Social Networking Tools: Blogs, Wikis, RSS Feeds and Beyond

University of Georgia School of Law Professor Elizabeth Geesy Holmes wrote a very interesting article entitled "Navigating Social Networking Tools: Blogs, Wikis, RSS Feeds and Beyond" which provides an excellent description of recent internet developments. The abstract provides:

What are “social networking” tools, and why should lawyers care about them? Wikipedia, itself built on social networking software, notes that social networking refers to a category of Internet applications to help connect friends, business partners, or other individuals together using a variety of tools. These applications, known as online social networks are becoming increasingly popular. This phenomenon is also known as Web 2.0. Jack Maness, a librarian at University of Colorado at Boulder, defines it as, "not a web of textual publication, but a web of multi-sensory communication … a matrix of dialogues, not a collection of monologues. It is a user-centered Web in ways it has not been thus far." In Web 2.0 the end user – you – is (or at least has the option to be) an integral part of the data. Some of the social networking tools you may or may not be familiar with are: Blogs, Wikis, RSS Feeds, Tagging/Bookmark sites, Podcasts and Vodcasts. I will discuss these tools, how to find them, how to use them, and their possible relevance for lawyers and for legal research.

Hat Tip: Law X.0

Mitchell H. Rubinstein

October 20, 2007 in Blogs, General, Misc., Legal, Misc., Non-Legal, Websites, Lawyers | Permalink | Comments (0) | TrackBack (0)

Thursday, September 6, 2007

Does the Americans With Disabilities Act Apply In Cyberspace?

On September 6, 2007, Sherry Karabin wrote a very interesting article for entitled "Companies, Courts Debate Whether ADA Applies to Web Sites".

The legal issue is whether Title III of the ADA which applies to "places of public accommodation" is applicable. If a web site is considered a "service" of a place of public accommodation, the statute is probably applicable.

Thus, far most of the litigation has focused on whether there is any duty to accommodate the visually impaired. Though only a handful of lawsuits have been filed, some companies are never-the-less, making appropriate accommodations. The article discusses current litigation involving Target and the National Federation of the Blind where Target is apparently arguing that the ADA is not applicable.

Other than a web site that is maintained purely for advertising purposes, I cannot imagine that the ADA would not found to be applicable. Today, millions of individuals purchase products on line and use the internet to research products. From a legal point of view, I do not see a difference if an individual comes into a store to purchase a handbag or decides to purchase it on-line.

It also must be remembered that the duty to accommodate is not absolute. If an undue hardship is presented, a certain accommodation may not be required.  It seems to me that we can debate what level of accommodation is required, but as to the applicable of the ADA-that seems like a no-brainer.

Some scholarly commentary is surely needed with respect to this area of law.

Mitchell H. Rubinstein         

September 6, 2007 in Blogs, General, Discrimination Law, Law Review Ideas, Websites, Lawyers | Permalink | Comments (0) | TrackBack (0)

Sunday, July 1, 2007

Non-Compete Law Blog and Legal Medicine Blog

I recently came across a Virginia Non-Compete Blog  and Legal Medicine Blog which is run by Dan Frith and Lauren Ellerman of the Frith Law Firm in Roanoke, VA who represent employees fighting non-compete, non-solicitation, and non-disclosure provisions in employment agreements as well as individuals in medical malpractice actions.

This is an excellent way for law firms to attract new business while performing an important public service of educating the public. Now-a-days, lawyers and law professors might do themselves a big favor by including Internet blogs in their legal research. Other law firms should consider modeling a web site and a blog or two like this firm does.

Mitchell H. Rubinstein

July 1, 2007 in Legal Research, Websites, Lawyers | Permalink | Comments (0) | TrackBack (0)