July 31, 2017 | New Jersey Law Journal
Disgorgement is Now Undoubtedly a PenaltyNo longer will there be doubt about the requirement that disgorgement actions be brought within the statutory limitations period.
By Law Journal Editorial Board
4 minute read
July 31, 2017 | New Jersey Law Journal
New CFPB Rule is Not 'Anti-Arbitration'Faced with public pressure regarding perceived abuses in pre-dispute arbitration agreements with consumers, the Dodd-Frank financial reforms of July 2010 included two specific measures intended to address those concerns. First, the act prohibited mandatory pre-dispute arbitration clauses in residential mortgages. Second, it required the Consumer Financial Protection Bureau established by the Act (CFPB) to study pre-dispute arbitration agreements in consumer financial documents subject to the bureau's jurisdiction and, upon completion of the study, to issue regulations restricting or prohibiting the use of such agreements if in the public interest and for the benefit of consumers.
By Law Journal Editorial Board
3 minute read
July 31, 2017 | New Jersey Law Journal
NJ Must Innovate to Solve Access-to-Justice ProblemInnovation is not simply a matter of technology. Shutting down competitive models that do not comport with appropriate rules is appropriate, but does not solve the more fundamental problem that spawned these alternative models in the first place.
By Law Journal Editorial Board
5 minute read
July 28, 2017 | Connecticut Law Tribune
Swatting Is a Crime—And Rightly So"Swatting" has a new meaning, which made its way into the Oxford Dictionaries a few years ago: "The action or practice of making a hoax call to the emergency services in an attempt to bring about the dispatch of a large number of armed police officers to a particular address."
By THE EDITORIAL BOARD
3 minute read
July 27, 2017 | Connecticut Law Tribune
Shame on Legislature, Rich Towns for Promoting Housing SegregationBy obstructing access to funding for anyone living in a "redlined" area, choices for health care, education, retail, banking and groceries are severely limited, stifling the livelihoods and pursuits of an entire group of people.
By THE EDITORIAL BOARD
12 minute read
July 27, 2017 | Connecticut Law Tribune
Solar Energy vs. Farmland Pits Green Against GreenAn unfortunate kerfuffle has risen between those wanting to preserve prime agricultural land — some of it lying fallow in Connecticut's moribund farming economy — and another constituency also on the green side of things seeking more renewable energy through photovoltaics.
By THE EDITORIAL BOARD
5 minute read
July 22, 2017 | Connecticut Law Tribune
Our Message to the General Assembly: Do Not Override Governor's Affordable Housing VetoSubstitute House Bill 6880 is the product of raw politics and communities that are willing to lobby heavily to keep out people of even modest means and instead allow only expensive homes that pay more in taxes.
By THE EDITORIAL BOARD
7 minute read
July 21, 2017 | New Jersey Law Journal
Citizens' Freedom to Record Benefits Police and Public AlikeThe unbroken string of circuit decisions, now including New Jersey, recognizes the First Amendment right to record official police activity. We believe that all concerned, citizens and police, will benefit from a more complete factual record.
By Law Journal Editorial Board
6 minute read
July 21, 2017 | New Jersey Law Journal
Court Deftly Balanced Access and Confidentiality in OPRA RulingOur Supreme Court's recent interpretation of the Open Public Records Act in Paff v. Galloway Twp. applies enhances public access on the one hand while preserving OPRA's confidentiality-preserving exceptions on the other.
By Law Journal Editorial Board
8 minute read
July 21, 2017 | Connecticut Law Tribune
The Legacy of 'In Re: Gault,' 50 Years OnFifty years ago on May 15, the U.S. Supreme Court issued the landmark decision of In Re: Gault. Connecticut's commitment to juvenile justice has given us hope that the legacy of Gault will continue to be honored for another 50 years.
By THE EDITORIAL BOARD
4 minute read