Harvey Weissbard

Harvey Weissbard

January 19, 2024 | New Jersey Law Journal

The Long, Strange Odyssey of 'Frye v. United States'

Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.

By Harvey Weissbard

17 minute read

April 10, 2023 | New Jersey Law Journal

Harmless Error: The Harm Continues

To be clear, misapplication of harmless error, untethered to its historic roots, constitutes a major injustice in criminal law.

By Harvey Weissbard

8 minute read

February 08, 2016 | New Jersey Law Journal

Appellate Arbitration: An Idea Whose Time Has Come

Arbitration is on the rise and if appellate review can contribute to such a process as a preferred form adjudication, it should be seriously considered.

By Harvey Weissbard

4 minute read

January 29, 2015 | New Jersey Law Journal

Let's End the Grand Jury Charade

A former judge proposes changes to New Jersey's grand jury system.

By Harvey Weissbard

7 minute read

January 29, 2015 | New Jersey Law Journal

Let's End the Grand Jury Charade

A former judge proposes changes to New Jersey's grand jury system.

By Harvey Weissbard

7 minute read

November 13, 2014 | New Jersey Law Journal

In Favor of a Brady Doctrine for Civil Litigation

As proposed here, attorneys in civil litigation would be duty bound to turn over to an adversary information which would be significant to the opposing side, and which the party possessing the information realizes is not known by the adversary.

By Harvey Weissbard

5 minute read

October 21, 2010 | New Jersey Law Journal

The 'Imperial' Judiciary Is Doing Just Fine

Naveen Nadipuram's intemperate rant in his Oct. 4 op-ed, concerning the decision by U.S. District Judge Vaughn Walker invalidating the California voter-approved ban on same-sex marriage, entirely misses the point when he chastises the court for "inventing a right to same-sex marriage."

By Harvey Weissbard

6 minute read

September 20, 2013 | New Jersey Law Journal

Judicial Independence: Stand Up and Be Counted

If the decision not to reappoint Justice John Wallace Jr. was a body blow to our judiciary, the failure to renominate Justice Helen Hoens was a virtual knockout.

By Harvey Weissbard

5 minute read

January 07, 2009 | New Jersey Law Journal

The Myth of Judicial Neutrality

A former New Jersey appeals court judge says the notion that a judge is neutral is a legal fiction; no ruling on an issue of law is value-free.

By Harvey Weissbard

5 minute read

February 26, 2009 | New Jersey Law Journal

The Harm in Harmless Error

Along with its equally obtuse sibling "plain error," "harmless error" is a concept long overdue for serious re-evaluation.

By Harvey Weissbard

5 minute read