Editorial Board

January 23, 2017 | New Jersey Law Journal

Our Supreme Court has now written another compassionate chapter in our sentencing jurisprudence, affording a meaningful opportunity to youthful offenders serving the effective equivalent of a life sentence to demonstrate that they have in fact changed and should be free. We urge our Legislature to quickly act.

By Editorial Board

11 minute read

January 16, 2017 | New Jersey Law Journal

We suggest that faux patriotism is not always patriotism at all.

By Editorial Board

8 minute read

January 16, 2017 | New Jersey Law Journal

The Luciano case is important because it makes clear that the court understands the consequences of disbarment to an attorney, and gave one the chance to present additional proofs to vindicate himself, even though his disbarment proceedings complied with due process and had achieved finality. For this, the court warrants our respect, and the system has greatly benefited.

By Editorial Board

3 minute read

January 16, 2017 | New Jersey Law Journal

We believe that rule goes too far, and that our retired judges should be permitted to write briefs and argue cases pro bono, for legal services organizations and the Public Defender's Office.

By Editorial Board

6 minute read

January 09, 2017 | New Jersey Law Journal

Perhaps not so quietly, Judge Merrick Garland has resumed hearing cases on the U.S. Court of Appeals for the District of Columbia Circuit.

By Editorial Board

7 minute read

January 09, 2017 | New Jersey Law Journal

For many years, adoptees in New Jersey have been unable to have access to their birth records and to the names of their birth parents. We commend the Legislature and the governor for bringing New Jersey into line with many other states with respect to this subject.

By Editorial Board

3 minute read

January 09, 2017 | New Jersey Law Journal

A recent decision by the Appellate Division highlights unintended consequences in the Department of Environmental Protection's site remediation program and the need to tweak the system to avoid unnecessary costs and delays to the regulated community.

By Editorial Board

6 minute read

January 02, 2017 | New Jersey Law Journal

A recent Appellate Division decision sheds new light on legislative-executive relations. We commend the Appellate Division's reasoning to our Supreme Court if it reviews the case. Otherwise, the decision provides important guidance for the Legislature and the courts.

By Editorial Board

6 minute read

January 02, 2017 | New Jersey Law Journal

In 2008 Princeton solo Ekaterina Schoenefeld persuaded a New York federal judge that the requirement of New York Judiciary Law section 470, requiring out-of-state lawyers to maintain a physical office in New York, violates the Equal Protection Clause of the U.S. Constitution. In 2015, a divided panel of the Second Circuit reversed. The U.S. Supreme Court is our last best hope. It should grant Schoenefeld's petition for certiorari.

By Editorial Board

5 minute read

January 02, 2017 | New Jersey Law Journal

At a time when we appreciate freedom of the press more than ever and worry about its survival, it would be bad policy for the Legislature to take the business of publishing legal notices from newspapers and allow municipalities to post notices on their own websites instead. But that is exactly what a bill—fast-tracked with Gov. Christie's support—would have done. Fortunately, after being met with a public outcry, the measure was withdrawn. It should not come back.

By Editorial Board

4 minute read