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Law Journal Editorial Board

Law Journal Editorial Board

June 18, 2018 | New Jersey Law Journal

Bad News, Good News for Lawyer Fee Applications

'Giarusso,' while not authorizing a charging lien in a post-judgment matrimonial action, did pronounce that a separate action need not be filed. We support the opinion's streamlining of attorney's recovery of fees and its tactful reminder of the criteria for obtaining those fees.

By Law Journal Editorial Board

1 minute read

June 11, 2018 | New Jersey Law Journal

Roadblocks to Civil Reservations Rightly Removed

When should a defendant faced with criminal charges be permitted to plead guilty while at the same time reserving the right to keep the guilty plea from being used as evidence against her in a civil case? State v. McIntyre-Caulfield provides a far more complete and satisfactory answer.

By Law Journal Editorial Board

1 minute read

June 11, 2018 | New Jersey Law Journal

Waterfront Commission Lives On

We applaud Judge Wigenton's decision and look forward to the continuation of the commission and the regulatory work with which it continues to be intimately involved.

By Law Journal Editorial Board

1 minute read

June 11, 2018 | New Jersey Law Journal

Requiring Leave For Multiple Arguers Won't Benefit Young Lawyers

We are not aware of any abuses that would require tightening of the rule. Unfortunately, the court has not explained why it believes the change is necessary.

By Law Journal Editorial Board

1 minute read

June 04, 2018 | New Jersey Law Journal

'Equal Pay Act' is a Misnomer

The recently enacted Diane B. Allen Equal Pay Act calls for equal pay for “substantially similar” work; an entirely new standard that we fear will bestow benefits largely on the lawyers litigating its meaning.

By Law Journal Editorial Board

4 minute read

June 04, 2018 | New Jersey Law Journal

Congress Needs to Amend the Alien Tort Statute

The Supreme Court has declined to move beyond the plain language of the Alien Tort Statute and essentially invited Congress to act. We join in that invitation.

By Law Journal Editorial Board

1 minute read

May 25, 2018 | New Jersey Law Journal

Science and Law Evolve Together, Sex Offender Registry Case Reminds Us

This is how law and social science are meant to intersect. The case reminds us that, as our knowledge of human behavior evolves, our approach to legal issues will evolve as well.

By Law Journal Editorial Board

4 minute read

May 25, 2018 | New Jersey Law Journal

Sports Betting Decision Highlights 10th Amendment Revival

Historically states' rights was often viewed as the last resort of racists and other obscurantists to resist a progressive federal government. But political alignments change, and the 10th Amendment turns out to have uses perhaps undreamed of 20 years ago.

By Law Journal Editorial Board

4 minute read

May 21, 2018 | New Jersey Law Journal

Lawyers and Judges, Push Pro Bono to the Front of the Line

This policy, if adhered to, could actually serve as an incentive to lawyers to take on more pro bono work.

By Law Journal Editorial Board

2 minute read

May 21, 2018 | New Jersey Law Journal

Honed Definition of Consumer 'Harm' Needed After High Court's 'Actual Harm' Holding

The Supreme Court's latest TCCWNA ruling opens the door for substantial litigation on the subject of harm caused.

By Law Journal Editorial Board

6 minute read