Go to main navigation
450 Main Street, Metuchen, New Jersey 08840

Publications

Over a distinguished 47-year career, Mr. Rubin has received the “AV” designation from the Martindale-Hubbell Legal Directory, the highest rating for competence and character based on confidential peer reviews. He has been recognized by SuperLawyers magazine (2023) and Best Lawyers in America (2024), and was selected as Lawyer of the Year by Best Lawyers in America for Ethics and Professional Responsibility Law (Newark Region).  Selection criteria for the above ratings services may be obtained from their own websites:  martindale.com, superlawyers.com and bestlawyers.com.  No aspect of this website has been approved by the Supreme Court of New Jersey.

Mr. Rubin has served as a member of the Editorial Board of New Jersey Lawyer, a weekly newspaper for the legal profession, and has authored numerous publications on a wide variety of legal issues. Here are just a few. To secure a copy of any item of interest or to inquire about other publications, e-mail us at [email protected].

“Transgender Students and Parental Notification: What Path Forward?” School Leader Magazine (NJSBA January 2024)

“Students for Fair Admissions, Inc.: Implications for Race-Consciousness in K-12 Education,” School Leader Magazine (NJSBA October 2023)

“The Legal Framework for Public Comment Sessions,” School Administrator Magazine (AASA October 2023)

“What’s in a Name? Use of Native American Team Names and Mascots Continues to Pose Legal Issues for Public Schools,” American School Board Journal (NSBA, June 2023)

“Public Comment Sessions: Free Speech or Free-for-All,” School Leader Magazine (NJSBA March 2023)

“Special Education: A Board Member’s Role,” School Leader Magazine (NJSBA December 2022)

“Prayer at the 50-Yard Line: The Religious Rights of Public School Employees,” School Leader Magazine (NJSBA September 2022)

“The Ethical Educator: Pointers and Pitfalls for School Administrators,” Rowman & Littlefield (September 2022)

“The Legal Framework of High School Hazing,” School Administrator Magazine (AASA June 2022)

“Point/Counterpoint: The Ethics of Negotiating Settlements in Special Education Litigation,” New Jersey Lawyer Magazine (NJSBA April 2022)

“The Legal Frontier of Native American Team Names,” School Administrator Magazine (AASA September 2021)

“Regulating Off-Campus Speech:  Guidance on the Way,” School Administrator Magazine (AASA April 2021)

“Video Surveillance on School Property,” School Administrator Magazine (AASA December 2020)

“Setting Rules for Teacher-Student Texting,” School Administrator Magazine  “Best of 2019-20” Edition  (AASA July 2020)

“Parental Tracking with GPS,” School Administrator Magazine (AASA February 2020)

“Setting Rules for Teacher-Student Texting,” School Administrator Magazine (AASA August 2019)

“The Legalities of Classroom Apps,” School Administrator Magazine (AASA March 2019)

“The Legal Ethics of Internal Investigations in the #MeToo Era,”  (NSBA 2018)

“Students’ Sexuality and Parents’ Rights: A Legal Minefield,”  (Future of Privacy Forum Blog)(forthcoming edition)

“Reflections on Tinker: A School Lawyer’s Lament,”  (NSBA 2017)

“Pointers and Pitfalls When Picking Counsel,” School Administrator Magazine (AASA May 2017)

“Standardized IEPs: One Size Fits None?”  Journal of Law and Education (Spring 2017)

“Data Privacy Law Update:  Ten Things to Advise Your School Board Clients Before It’s Too Late,”  (NSBA 2016)

“Guide to Student Data Protection under SOPIPA,” (Future of Privacy Forum 2016)

“Evolving Rules for Drones at School,” School Administrator Magazine (AASA December 2016)

“Legal Ethics of Internal School District Investigations,” (NSBA April 2016)

 “Monell Liability for Following State Law: Emerging Consensus and Unanswered Questions,” Inquiry & Analysis (NSBA July 2015)

“Call Your Carrier, COSA Edition,” (NSBA March 2015)

“Ethical Considerations When Starting A Practice,” New Jersey Lawyer Magazine (NJSBA February 2015)

“Confidentiality v. Transparency: The High-Wire Act of the Government Lawyer” (NSBA 2014)

“Disciplining Students for Off-Campus Conduct,” School Administrator Magazine (AASA January 2014)

“Video Cameras in the Schools: Navigating the Legal Minefield,” School Leader Magazine (NJSBA November/December 2013)

“Social Media and the Schools,” New Jersey Lawyer Magazine, The New Jersey State Bar Association (December 2013), reprinted in The Computer & Internet Lawyer (July 2014)

“The Bona Fide Office Rule: Will Virtual Offices Be Allowed?,”New Jersey Lawyer Magazine, The New Jersey State Bar Association (June 2012).

“Get Your Money’s Worth,” School Leader Magazine (NJSBA May/June 2012)

“Trolling the Web for Employee Information,” Legally Speaking Magazine (Legal One/NJPSA Spring 2011)

“Ethical Lawyering in the Digital Age,” (NSBA 2011)

“‘Friending’ Students: A Case of Community Values,”School Administrator Magazine (AASA November 2010)

“Brave New World — The Perils and Pitfalls of Students’ Digital Devices,” School Leader Magainze (NJSBA November/December 2009)

“The Perils of Split Boards,” School Leader Magazine (NJSBA March/April 2009)

“Who’s Privileged When You Communicate with the Board Attorney,” School Administrator Magazine (AASA Winter 2009)

“Model Rules of Professional Conduct in the Post-Enron Era,” 2006 School Law in Review, NSBA (April 2006)

“School Law” chapter in New Jersey Family Law Practice (12th ed.), New Jersey Institute for Continuing Legal Education (2006)

“Personnel Implications of No Child Left Behind”,  2004 School Law in Review, NSBA (March 2004)

“Courtus Interruptus: One Lawyer’s Experience In The Life Of The Law”, New Jersey Lawyer Magazine (April 2003)

Understanding and Limiting School Board Member Liability (co-author), NSBA Council of School Attorneys (2002)

“Adopt Opinion 24”, New Jersey Law Journal (June 11, 2001)

Handling Disciplinary Actions in the Public Sector (co-author), Institute for Continuing Legal Education (2000)

“’10 Day Rule’ Raises More Questions Than It Answers”
AASA Leadership News (September 22, 1999)

“Until Congress Limits IDEA, School Costs Will Be High”
AASA Leadership News (March 31, 1999)

Special Education Law and Practice: The Next Step (co-author), Institute for Continuing Legal Education (1998)

Litigating the Employment Discrimination Case (co-author), Institute for Continuing Legal Education (1997)

“Interscholastic Athletics – Property Rights and Due Process” Inquiry & Analysis, (September 1988)

“The Department of Education Office for Civil Rights under the Civil Rights Restoration Act,” School Law in Review (1989)

“Home Schooling”, co-author of chapter in Religion & Public Schools: Striking a Constitutional Balance, National School Boards Association (2001)

“Federal Confidentiality Requirements for School Drug Counseling Programs”, Inquiry & Analysis (May 1991)

School Board Member Liability Under Section 1983, National School Boards Association (1992)

“Constitutional Implications of Preserving Student Safety”, New Jersey Lawyer (July 1993)

“Representing School Boards in the Nineties”, National School Boards Association Advocacy Seminar Workbook (1993)

“So Now You’ve Been Sued: Strategies that Win — Defending Civil Rights Suits Against Your School District Client”, National School Boards Association

Advocacy Seminar Workbook (1992).
“Diverse Opinions”, American School Board Journal, March 1995.

Editorial, USA TODAY, May 22, 1995.
“The Religious Freedom Restoration Act”, Inquiry & Analysis, Spring 1996.

“Representing Respondents in Attorney Ethics Proceedings”, New Jersey Lawyer magazine, Spring 1996.

Legal Handbook on School Athletics, NSBA Council of School Attorneys 1997 (co-author)