June 19, 2020 | New Jersey Law Journal
George Floyd, and What to Do NextIf we are not to go through this crisis again, we need to take concrete measures to weed out abusive officers and to strengthen the political control of the policed over those who police them.
By Law Journal Editorial Board
6 minute read
June 14, 2020 | New Jersey Law Journal
Trump's Social Media Order Puts a Target on Communications Decency ActHow this order could possibly withstand judicial scrutiny under the public forum doctrine is dubious. And how compelling a publisher to speak is different from a mandated flag salute is unclear.
By Law Journal Editorial Board
7 minute read
June 07, 2020 | New Jersey Law Journal
Commending Lawyers Who Help Exonerate the InnocentWere it not for volunteering of superb lawyers, the marshaling of resources, hard work and luck, Baker and Washington would still be in prison today.
By Law Journal Editorial Board
6 minute read
June 07, 2020 | New Jersey Law Journal
Kudos to the State Bar For Pulling Off Its Annual MeetingThe New Jersey State Bar Association deserves praise for successfully moving its entire annual meeting online in a little over two months.
By Law Journal Editorial Board
2 minute read
May 31, 2020 | New Jersey Law Journal
Examining the Prospect of 'Sovereign Default'If the enactment of a federal bankruptcy law for state governments would arguably undermine confidence in the financial markets, an actual state default based on sovereign immunity would certainly do so.
By Law Journal Editorial Board
4 minute read
May 31, 2020 | New Jersey Law Journal
Third Circuit Got it Right on Trade Secret StandingWe urge the New Jersey courts to follow what appears to be a majority (and growing) position in support of relief for the possessor, and not just the owner, of the trade secret.
By Law Journal Editorial Board
4 minute read
May 26, 2020 | New Jersey Law Journal
Appropriate to Appoint an Amicus in the Flynn CaseThe decision to appoint an amicus is a proper exercise of a judge's work as independent finder of fact and law in our adversary system.
By Law Journal Editorial Board
6 minute read
May 26, 2020 | New Jersey Law Journal
Sanction Offers a Warning on Courtroom Tech SavvyA Supreme Court decision from earlier this year should be a lesson for attorneys who try cases with the assistance of support staff. It is no longer enough for senior counsel to say "the associate handles that."
By Law Journal Editorial Board
3 minute read
May 17, 2020 | New Jersey Law Journal
NJ Jurisprudence Helps Guide Death Penalty Litigation NationallyWe point out that it is now settled as a result of the landmark opinion in 'Apprendi' and its progeny that an aggravating factor or factors permitting the death penalty must be found by a jury.
By Law Journal Editorial Board
5 minute read
May 17, 2020 | New Jersey Law Journal
Death With Dignity Act Decision Should StandWe hope the decision will be upheld on appeal. The Legislature finally heeded the obvious need, and judicial call, for detailed statutory treatment of this element of end-of-life conflicts in favor of individual autonomy.
By Law Journal Editorial Board
3 minute read
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