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Law Journal Editorial Board

Law Journal Editorial Board

July 14, 2019 | New Jersey Law Journal

Expansion of Shareholder Access to Corporate Documents Rightly Rejected in Merck Case

In our view, plaintiff was trying to backdoor a derivative action. The opinion refused to expand the common law to access the documents that would not have existed but for the requester's demands.

By Law Journal Editorial Board

6 minute read

July 14, 2019 | New Jersey Law Journal

Social Host Duty for Underage Adults Rightly Applied Prospectively

Although New Jersey has public policies designed to deter social hosts from providing alcohol to persons who are too inebriated to drive, these policies did not extend to a young adult host living in his parents' home—at least until now. Prospective application in 180 days seems exactly right.

By Law Journal Editorial Board

2 minute read

July 05, 2019 | New Jersey Law Journal

Sign Isolated Confinement Bill

We urge Gov. Murphy to sign Assembly Bill 314, which would restrict the use of isolated confinement (commonly referred to as “solitary confinement”) in New Jersey prisons and jails, without delay.

By Law Journal Editorial Board

4 minute read

July 05, 2019 | New Jersey Law Journal

States Can Provide Remedies For Gerrymandering

In our federal system, many important matters are left to the states. That list now includes political gerrymandering.

By Law Journal Editorial Board

4 minute read

June 30, 2019 | New Jersey Law Journal

Eminent Domain Decision Highlights Stare Decisis Struggle at SCOTUS

In addition to its obvious impact on state and local government condemnation of property, Knick v. Township of Scott illuminates the current struggle over stare decisis on the U.S. Supreme Court.

By Law Journal Editorial Board

4 minute read

June 30, 2019 | New Jersey Law Journal

'Gamble' Guides on 'Dual Sovereignty,' But Justices' Positions Go Deeper

It is now clear that a state can prosecute after the federal government, as well as the other way around. But the more interesting issue relates to the impact of Gamble v. U.S. on the future use of stare decisis.

By Law Journal Editorial Board

4 minute read

June 23, 2019 | New Jersey Law Journal

Court Considered the Whole Picture in Latest Police Stop Decision

As stated by the United States Supreme Court on more than one occasion, the whole picture must be viewed, and the individual facts in a case such as this cannot be considered in isolation. We agree with the court's conclusions.

By Law Journal Editorial Board

4 minute read

June 23, 2019 | New Jersey Law Journal

When Judiciary Grants Right to Counsel, Other Branches Must Step Up

It is long past time for the state to take action to afford due process, and to make progress to make access to justice a reality, not just a slogan.

By Law Journal Editorial Board

4 minute read

June 14, 2019 | New Jersey Law Journal

Court Got it Right on Compelled Vaccination

We write not only to endorse the Appellate Division opinion, but mostly to publicly state what has been taken for granted by lawyers and the public for years.

By Law Journal Editorial Board

5 minute read

June 14, 2019 | New Jersey Law Journal

Supreme Court Corrected Course on Arbitrability

Readers may have questioned the Appellate Division's opinion in Goffe v. Foulke Management Corp. We welcome the course correction and commend the Supreme Court's clarification.

By Law Journal Editorial Board

3 minute read