Rutgers Journal of Law & Public Policy

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Is It Bootstrapping? ENDA Would Render the Query Obsolete

By: Laura Segal

June 19, 2014

Basic federal protections exist to protect against workplace discrimination for gender nonconformity, but federal protections against workplace discrimination due to sexual orientation are non-existent. Hence, defense attorneys invariably make the highly fact-sensitive argument that plaintiffs are really just "bootstrapping" a unrecognized claim. Good news: this oft-muddled issue will cease to exist if the Employment Non-Discrimination Act becomes law.

Volume 11, Issue 2: Current Issues in Public Policy

The Editorial Board is pleased to announce the publication of Volume 11, Issue 2 of the Rutgers Journal of Law & Public Policy. This issue includes the 2013 Rutgers Journal of Law and Public Policy Symposium: Veterans and Higher Education as well as the 2013 PILCOP Symposium on Equality Privatization: Looking Out For The Public Good.

Interested in a physical copy of volume eleven? Contact

-JLPP Editorial Board

First in the Nation: N.J. Court Subordinates Father’s Desire to be in Delivery Room to Mother’s Privacy Rights

By: Trevor Taniguchi

April 14, 2014

In a national first, a New Jersey judge was asked to determine whether a mother's wishes trumped a father's wishes regarding notification of a childbirth and right to be present in the delivery room.  Drawing on the principles elucidated in Supreme Court jurisprudence, as well as relevant statutes, Judge Sohail Mohammed handed down his ruling on the father's requested positive injunction.

N.J. ELEC Allows Christie Campaign to Fund Subpoena Response, Prompting Uncertainty and Structural Questions

By: Kevin R. Miller

March 31, 2014

The New Jersey Election Law Enforcement Commission ("ELEC") recently issued an Advisory Opinion that allows Governor Christie’s campaign corporation to expend campaign funds on legal fees incurred in responding to subpoenas from the New Jersey State Legislature and the United States Attorney’s Office. This article recommends that ELEC now engage in a rulemaking to codify its nuanced interpretation of its governing statutes and regulations. Nonetheless, this article questions whether ELEC could even validly issue the Advisory Opinion, as the Commission’s voting membership in this matter was diminished by half due to a recusal and a vacant commissioner seat. To help cure this structural issue, this article urges Governor Christie to exercise his executive authority to appoint a fourth commissioner to ELEC.

New Jersey’s Balanced Mortgagor Protection Scheme

By: Mashie Rapoport

February 24, 2014

Mortgage foreclosure took center-stage over the past five years in light of the Great Recession. Historically, states provide mortgagors with several types of foreclosure protection. New Jersey's unique scheme, the author argues, appropriately balances both the mortgagor's and mortgagee's interests.