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Law Journal Editorial Board

Law Journal Editorial Board

July 23, 2018 | New Jersey Law Journal

Can a 'Unitary' Contract Compel Arbitration? Appellate Division's Answer Warrants Publication

The holding of Victory Entertainment Inc. v. Schibell is sufficiently noteworthy for publication. We welcome the “back to basics” approach.

By Law Journal Editorial Board

3 minute read

July 16, 2018 | New Jersey Law Journal

SCOTUS Travel Ban Ruling Legally Sound

The majority opinion followed settled law. The problem is that the settled law is itself xenophobic, grudging, arbitrary and indifferent to constitutional norms that apply within the United States.

By Law Journal Editorial Board

1 minute read

July 16, 2018 | New Jersey Law Journal

On Pardons, President Should Heed Legal Guidance

We do not comment on the political issues or comments. Our concern is about process. The Office of Pardon Attorney, in its present form, dates back to 1865. The system has worked well for years, and we urge that its historical significance be continued.

By Law Journal Editorial Board

1 minute read

July 09, 2018 | New Jersey Law Journal

Respect for the Rule of Law is a Two-Way Street

American lawyers speak regularly of the rule of law and our fervent support for that. What goes unexplored is the clash between support for someone else's rule of law except when it conflicts with our rule of law

By Law Journal Editorial Board

1 minute read

July 09, 2018 | New Jersey Law Journal

Justices' Zoning Ruling Fair to Developers and Communities

In our view, the Supreme Court in 'Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township' has carefully threaded the needle, implementing the legislative decision to prevent municipalities from impeding development, while making it difficult for developers to utilize last-minute tactics that thwart well-conceived community plans.

By Law Journal Editorial Board

1 minute read

July 02, 2018 | New Jersey Law Journal

No Judicial Recall in New Jersey

This case represents blatant and severe interference with judicial independence. One can only imagine how California judges sitting on criminal cases will react when it comes time to impose sentences, given this event. In New Jersey there is no provision for recall of judges.

By Law Journal Editorial Board

1 minute read

July 02, 2018 | New Jersey Law Journal

'Epic Systems' is Based on Policy, Not Precedent

We suggest a different take on the case, one that does not bode well for even-handed decision making by an aggressive Supreme Court conservative majority.

By Law Journal Editorial Board

1 minute read

June 25, 2018 | New Jersey Law Journal

Tenure Nod for Justice Patterson Brings State Back to Normal

Gov. Murphy has relinquished an opportunity both for high-level patronage and for partisan revenge. In this age of increasingly bitter political polarization, the decision speaks well both for the governor and for the state.

By Law Journal Editorial Board

1 minute read

June 25, 2018 | New Jersey Law Journal

Court Says All the Right Things, But 'Masterpiece Cakeshop' an Artful Dodge

The narrow ruling in favor of the baker was an artful dodge and might even have been sagacious. But on the merits, it is almost of no consequence.

By Law Journal Editorial Board

1 minute read

June 18, 2018 | New Jersey Law Journal

Lawyers Must Read, and the Supreme Court Should Write, More Disciplinary Opinions

The decisions in these cases are significant in terms of interpretation of the RPCs and the practice of law. Lawyers are bound by the RPCs; violations result in disciplinary action. As a result, attorneys should become familiar with the website and review it often.

By Law Journal Editorial Board

1 minute read