March 27, 2017 | New Jersey Law Journal
Tax Return Bill is MisguidedWhile we might individually agree that it is good practice for presidential candidates to be transparent about their financial affairs, the sole incentive to coerce a candidate to abide by that practice must remain the risk of angering the voters by noncompliance.
By Law Journal Editorial Board
5 minute read
March 20, 2017 | New Jersey Law Journal
Racial Bias Serious Enough to 'Crack' Jury Room DoorThe U.S. Supreme Court's holding in Pena-Rodriguez v. Colorado unlocks the jury room door only a well-circumscribed crack—a crack justified by the unique place that our jury system plays in our democracy, and the pernicious history of racial bias that we are still struggling to overcome.
By Law Journal Editorial Board
9 minute read
March 20, 2017 | New Jersey Law Journal
Court's Mind Made Up on the Statute of Limitations—For NowOver the past half-century, the issue of which state's statute of limitation should be applied in a multi-state tort action has repeatedly been changed by our Supreme Court. What the court has now done is restore, in a large measure, the original test.
By Law Journal Editorial Board
5 minute read
March 13, 2017 | New Jersey Law Journal
Internet Evidence Has LimitsA recent Tax Court decision holds that professional standards require an appraiser to "verify information with a party to the transaction to ensure its accuracy and gain insight into the motivation behind each transaction." We agree, and we think that the principle has broader application when the internet has allowed anyone to be his or her own publisher.
By Law Journal Editorial Board
2 minute read
March 13, 2017 | New Jersey Law Journal
Defense Bar: Heed 'Mauti' RulingA recent Appellate Division ruling does not undercut plea-bargaining, but defense counsel must be careful about what they say and the context in which it is said.
By Law Journal Editorial Board
7 minute read
March 13, 2017 | New Jersey Law Journal
Clarify Frivolous Litigation Rule's Applicability to AppealsThe Supreme Court has not explicitly made the frivolous litigation rule applicable to appeals that would be considered frivolous under the same criteria. We ask the Civil Practice Committee to recommend this beneficial and overdue procedural clarification to the court.
By Law Journal Editorial Board
6 minute read
March 03, 2017 | New Jersey Law Journal
Open-ended Questions Ensure Open-minded Jury PanelThe open-ended question mandate has too often been ignored by trial courts.
By Law Journal Editorial Board
6 minute read
March 03, 2017 | New Jersey Law Journal
Preserve the Johnson AmendmentClergy can say whatever they want about political candidates, but taxpayers shouldn't be forced to subsidize this speech by providing tax exemptions.
By Law Journal Editorial Board
8 minute read
February 24, 2017 | New Jersey Law Journal
In Honor of Intervening LawyersThe intervention of lawyers and others brought the glare of the legal process to the immediate flaws of the executive action.
By Editorial Board
3 minute read
February 24, 2017 | New Jersey Law Journal
Give Gorsuch a Fair HearingWithout in any way excusing or condoning the prior obstruction of Senate Republicans, we believe Judge Neil Gorsuch is entitled to a full and fair Senate hearing as early as practicable.
By Editorial Board
5 minute read