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Max Mitchell

Max Mitchell

Max Mitchell is ALM's Regional Managing Editor for The Legal Intelligencer, New Jersey Law Journal, Delaware Business Court Insider and Delaware Law Weekly. Follow him on Twitter @MMitchellTLI. His email is [email protected].

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March 29, 2024 | New Jersey Law Journal

US Supreme Court's Opinion Involving Man Placed on No-Fly List Clarifies Mootness

Often an opinion serves as an important reminder to litigants, their counsel and even lower courts, of important principles that must be honored for the case to proceed. FBI v. Fikre is such a case.

By The Law Journal Editorial Board

5 minute read

March 29, 2024 | New Jersey Law Journal

Proposed Environmental Rights Amendment Has Good Intentions, but Likely Unknown Consequences

Broad, open-ended constitutional language is a grant of authority to the courts that have the final decision about what it includes, what it prohibits, and what it requires. In our system, that includes the power to override the will of the two elected branches of the state government.

By The Law Journal Editorial Board

4 minute read

March 22, 2024 | New Jersey Law Journal

Enshrining 'Fetal Personhood' Into Law Causes Complications. Here's Why

Politicians who supported fetal personhood legislation are now nervously proclaiming their support for IVF. But it turns out that Alabama is not out of the political woods.

By The Law Journal Editorial Board

4 minute read

March 22, 2024 | New Jersey Law Journal

'County Line' Constitutionality Question Highlights Independence of NJ's Attorney General

Our attorney general is not the governor's lawyer.

By The Law Journal Editorial Board

3 minute read

March 15, 2024 | New Jersey Law Journal

Attorneys Should Be Mortified by Many of The Proposed OPRA Changes

Of direct concern to lawyers, the bills would prohibit parties from making requests that would be "unreasonable, oppressive or duplicative of already pending discovery requests in a legal proceeding."

By The Law Journal Editorial Board

5 minute read

March 15, 2024 | New Jersey Law Journal

The Judicial Appointment Crisis Is Easing, But Not Yet Cured

Chief Justice Stuart Rabner has previously estimated that, to be manageable, the number of judicial vacancies must be reduced to no more than 25 to 30.

By The Law Journal Editorial Board

2 minute read

March 08, 2024 | New Jersey Law Journal

NJ Supreme Court Quietly Allows End Run Around Mandatory Disbarment Outlined in 'Wilson' and 'Hollendonner'

An explanation of the court's reasoning—whether in an expanded order or in an opinion—would have been helpful and is sorely missed.

By The Law Journal Editorial Board

4 minute read

March 08, 2024 | New Jersey Law Journal

Lawyers, Do You Have a Written Contract With Your Housekeeper?

The law will create a significant, unprecedented set of new legal relationships, rights and burdens. At the same time it will create a significant new set of legal and enforceable duties on those who have hired domestic workers in the past with little in the way of legal rules.

By The Law Journal Editorial Board

4 minute read

March 01, 2024 | New Jersey Law Journal

'Astute Legal Reasoning and Due Consideration': NJ Supreme Court Averts Constitutional Crisis

The enactment of S-3011 presented a direct challenge to the Supreme Court's rule-making authority.

By The Law Journal Editorial Board

3 minute read

March 01, 2024 | New Jersey Law Journal

Appellate Division Offers Reminders on Amending Answers and Timely Reconsideration Requests

In Sadeeshkumar v. Sadeeshkumar, the trial judge had denied the defendant's motion to assert a counterclaim for divorce for irreconcilable differences and denied defendant's motion for reconsideration as untimely.

By Law Journal Editorial Board

5 minute read