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The Law Journal Editorial Board

The Law Journal Editorial Board

July 12, 2024 | New Jersey Law Journal

New Jersey's Experience Shows That 'Chevron' Deference Not Essential to the Administrative State

Without more, we are as yet unprepared to join those who believe that the overruling of "Chevron" in and of itself will result in the disassembly of modern administrative regulatory programs.

By The Law Journal Editorial Board

7 minute read

July 05, 2024 | New Jersey Law Journal

Expanding Sidewalk Law Liability: Judicial Prerogative or Legislative Priority?

The dissent argues that expansion of the "Stewart/Abraham" "legal principle" should rest solely with the Legislature.

By The Law Journal Editorial Board

6 minute read

June 21, 2024 | New Jersey Law Journal

FTC's Final Noncompete Rule Is Over-Broad

Part of the FTC's rationale is a stretch.

By the Law Journal Editorial Board

7 minute read

June 14, 2024 | New Jersey Law Journal

New ABA Rule Highlights Why Care Is Needed When Using Listservs

Fortunately, New Jersey case law and comments regarding RPC 1.6 clarify that the rule primarily targets the disclosure of "protected information" and the disclosure of information that may enable a party to connect the disclosure to a particular client.

By The Law Journal Editorial Board

6 minute read

June 07, 2024 | New Jersey Law Journal

NJ Supreme Court Should Provide Final Word On Publisher's Challenge to Daniel's Law Application

The court essentially acted as the story's ultimate editor, concluding that the fact that the public official lived in another municipality was the essential point of the news story.

By The Law Journal Editorial Board

5 minute read

May 31, 2024 | New Jersey Law Journal

NJ High Court Grapples With Questions of Whether Low-Speed Electric Scooter Riders Are 'Pedestrians'

The case reminds us that even narrow issues can attract the court's attention if not previously interpreted by an appellate court.

By The Law Journal Editorial Board

4 minute read

May 24, 2024 | New Jersey Law Journal

Emerging Case Law Offers Support for Sexual Assault Victims Seeking Restraining Orders

The defendant had argued in the Gloucester County trial venue that a more stringent test with the six factors used in domestic violence cases should have been the standard.

By The Law Journal Editorial Board

6 minute read

May 24, 2024 | New Jersey Law Journal

A Call to Gov. Murphy: Veto the 'Gut OPRA' Bill

We realize this bill is the handiwork of powerful forces that thrive in darkness, and we realize it would take great courage for the Governor to break with his party and send the "gut OPRA" amendments back for an overhaul.

By The Law Journal Editorial Board

3 minute read

May 17, 2024 | New Jersey Law Journal

'Canary in the Mine': Emojis, Emoticons Muddle Contract Considerations

At the root of the issue is the serious legal concern over whether there is a meeting of the minds such as to find and discern the parties' intent.

By The Law Journal Editorial Board

4 minute read

May 14, 2024 | New Jersey Law Journal

'A Naked Political Power Grab': Proposal To Change Appellate Division Appointment Process Is Pointless and Potentially Damaging

Consider the impact of appellate case processing if there are vacancies on the Appellate Division, due to delays, Senatorial Courtesy or infighting in the appointment process, and there cannot be temporary assignments, as there can be at present.

By The Law Journal Editorial Board

5 minute read