Month: February 2017

           Choosing to opt out of traditional court controlled litigation in favor of private arbitration, although anything but new, appears to be an increasingly attractive choice to disputing parties and their attorneys.  And for good reason.  The clogging of our court dockets and the overburdening of the judicial system as a… continue reading

I.               Introduction            Property abandonment and blight have been long standing problems in this region.[1]  For neighbors, they significantly reduce the average value of adjacent lots. [2]  For cities, demolition and lost tax revenue add up to millions of dollars in annual costs. [3]  Beyond expense, these structures adversely affect public health and safety by… continue reading

I.         A Brief Introduction              For nearly forty decades, courts have struggled to determine whether to award purely economic loss to a party that fails to show an actual physical injury or property damage.  The struggle focuses around the application of the economic loss rule. As a judicially made doctrine developed… continue reading

The Rutgers Journal of Law and Public Policy was recently cited by the NEW JERSEY SUPREME COURT on page 41 of its opinion in Department of Children & Families v. E.D.-O., __ N.J. __ (2015). We are extremely proud of the hard work of our authors and staff, both past and present.

  I. Introduction             Due to the influx of money in politics following the Supreme Court’s holding in Citizens United, it is imperative that states maintain their ability to properly inform their electorate of who is contributing money to political campaigns.  Barring the passing of a new amendment, restricting monetary expenditures is… continue reading

Sometimes a small decision demonstrates a large principle. That happened in late August when the Appellate Division released their unpublished decision of C.H. v J.S.[1] The case caused enough of a stir for the New Jersey Law Journal to cover it, and for people to add reader comments to the online version.[2] In the C.H. opinion, the Appellate Division vacated… continue reading

 As a Student-Intern in the Rutgers Domestic Violence Clinic, I have had the opportunity and pleasure of learning about the New Jersey Prevention of Domestic Act[1] (the “Act”), the ways in which the Act is applied by the New Jersey Courts, and the consequences the  Act has on litigants.  One of the first things I noticed… continue reading

“What a man does not know and cannot find out is chance as to him, and is recognized as chance by the law.” Justice Oliver Wendell Holmes, Dillingham v. McLaughlin, 264 U.S. 370, 373 (1924).      It is late Saturday evening and you see a television commercial: for a small fee, you can potentially be… continue reading