THE TRUTH SHALL SET YOU FREE: EXPLAINING JUDICIAL HOSTILITY TO THE TRUTH IN LENDING ACT’S RIGHT TO RESCIND A MORTGAGE LOAN

The United States Supreme Court recently entertained an issue dividing the federal circuit courts of appeal over whether the federal Truth in Lending Act (TILA) requires a consumer borrower to file a lawsuit in order to exercise her statutory right to rescind, or cancel, certain types of mortgage loans where the lender fails to disclose… continue reading

SLAPP DOWN: THE USE (AND ABUSE) OF ANTI-SLAPP MOTIONS TO STRIKE

An older man retires (or is pushed out of the job, depending on whom you ask) after years of forecasting the weather on a major TV network. A man over forty with broadcast experience, as well as degrees in Geosciences and Broadcast Meteorology, applies for the position. The network gives the job to the young… continue reading

THE CONSTITUTIONAL IMPLICATIONS OF NEW JERSEY’S OPEN ADOPTION RECORDS LAW (S.873) AND STATE-SANCTIONED INFRINGEMENTS ON BIRTH PARENTS’ PRIVACY RIGHTS

“All women in hiding are petrified of the betrayal of such private and personal information . . . and all the shame and anguish such exposure carries with it.” Kathleen Foley, a birth mother who placed her child for adoption, provided this statement. She was pleading with New Jersey lawmakers to show compassion for birth… continue reading

BANNING THE BOX IN NEW JERSEY: A SMALLS TEP TOWARD ENDING DISCRIMINATION AGAINST EX-OFFENDERS

The cost of recidivism bears heavily on our society. On a national level, approximately 43% of prisoners return to lockup within three years of being released. In the last two decades, the cost of maintaining the corrections system has quadrupled to approximately $52 billion per year across the states, thus putting an extremely large burden… continue reading

LACK OF INTEREST IN CONSUMER INTERESTS: FDA’S NARROW PERSPECTIVE ON FOOD LABELING AND LABEL STATEMENTS UNDERMINES A CENTURY OF AGENCY LEADERSHIP

The idea that federal administrative agencies are disconnected from the public is not new. Given the confines of the Administrative Procedure Act (APA) and agency discretion to create the procedures that an agency uses to develop substantive policies and regulations, federal courts offer the public little recourse for more public participation and recognition of diverse… continue reading

“THREATENING” SPEECH: THE THIN LINE BETWEEN IMPLICIT THREATS, SOLICITATION, AND ADVOCACY OF CRIME

Consider the following hypothetical Internet postings: (1) “I’m going to kill you, Judge X!” (2) “You deserve to die, Judge X! You’d better be careful—I know where to find you!” (3) “Judge X should be shot!” (4) “I urge the next patriot who has the chance to shoot and kill Judge X, without further delay!”… continue reading

ADMISSIBILITY OF SCIENTIFIC EXPERT OPINION IN TOXIC MOLD CASES: HOW ONE STATE’S DECISIVENESS CAN HELP RESOLVE ANOTHER STATE’S UNCERTAINTY

Nearly thirty years after the first mold case made headlines, courts are starting to see a rapid resurgence in a field that had been marginalized for a long time. In the last decade, scientific development and public hysteria have led to an increase in the amount of toxic litigation cases filed with the courts. To make… continue reading

MICROBREWING, THE NEW JERSEY INDUSTRY: WILL MICROBREWING PROVIDE ECONOMIC GROWTH FOR NEW JERSEY?

The state of New Jersey, and the United States in general, are experiencing a microbrewing boom. Microbrewingis the fastest growing segment of the $223.8 billion American beer brewing industry. In 2011, 1,970 microbreweries were operating in the United States.By June of 2013, 2,483 microbreweries were operating in the United States.That is a growth of twenty-six percent… continue reading