By Joel R. Brandes | September 17, 2023
The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.
13 minute read
By Allison Dunn | September 15, 2023
"[M]y own view is that she should have given [the ring] back," Associate Justice James R. Milkey wrote of the former bride-to-be in a dissenting opinion. "But why should my personal view on this issue matter? To me, the ultimate question this case poses is whether such issues should be resolved in courts of law, or instead left to the interplay between private conscience and social norms."
6 minute read
By Elisa Reiter and Daniel Pollack | September 14, 2023
The goal is to mitigate the toll that prolonged litigation wreaks on families and, most importantly, on children.
11 minute read
By Emily Cousins | September 12, 2023
The defendant said if the court enforced the ketubah, it would "violate the establishment clause by entangling the trial court in religious matters," the opinion said.
4 minute read
By Daniel Pollack and Elisa Reiter | September 11, 2023
"How many of these courts, if any, have ever done a look-back self-assessment to ascertain how successful their judgments were?" ask attorneys Daniel Pollack and Elisa Reiter.
7 minute read
By Marianna Wharry | September 8, 2023
The high court said that while the lump sum provision would constitute an unenforceable penalty had it been in a traditional common law contract, Lloyd and Niceta's marital agreements are not governed by the same principles.
3 minute read
By Helene M. Weiss and Daniel Pollack | September 8, 2023
A discussion of the issues involved in the difficult decision to bring a lawsuit by a child sexual abuse survivor where the attorney must be sensitive to the client's experience, yet frank about possible case outcomes.
6 minute read
By Jessica L. Underwood | September 8, 2023
The governor signed the new laws on June 30, and they took effect on July 1. As with any statutory amendments, confusion arises as to when the amended statutes apply and what impact they have on pending cases, which leads to issues for appeal. This article considers the new amendments and their ramifications for appeals.
5 minute read
By Rebecca L. Palmer | September 7, 2023
At our firm, we have helped clients get to the other side of what is unquestionably one of the most challenging times in their lives. Our work entails not merely untangling all of the legal issues (and paperwork) that accompany marital dissolution but also being our clients' adviser and confidante. After all, there's a reason my profession's name derives from a Latin root meaning "advocate."
4 minute read
By Colleen Murphy | September 6, 2023
"The New Jersey State Bar Association believes that the right to marry or enter into civil unions is a fundamental right for which race should not be a factor," New Jersey State Bar President Timothy F. McGoughran said in a statement emailed to the Law Journal. "The United States Supreme Court declared this right fundamental under the Equal Protection Clause in 'Loving v. Virginia' and this bill ensures that New Jersey takes the important step to ensure that remains true in our state on this day and in the future."
5 minute read
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