SUPPORTING FAMILIES, SAVING FUNDS: AN ECONOMIC ANALYSIS OF EQUALITY FOR SAME-SEX COUPLES IN NEW JERSEY

Perhaps no issue is more closely associated with religious, moral, and emotional concerns than extending marriage to same-sex couples. As the discussion has broadened and deepened over the last fifteen years, though, the public debate has evolved to include considerations of the social and economic consequences of marriage equality. Economic consequences, in particular, have assumed… continue reading

OLD WINE IN NEW BOTTLES: A RECONSIDERATION OF INFORMING JURORS ABOUT PUNISHMENT IN DETERMINATE- AND MANDATORYSENTENCING CASES

“This is without question the worst case of my judicial career…” So observed United States District Court Judge Gerard Lynch in 2002 in a case before him involving a defendant facing a mandatory-minimum ten-year sentence on a charge of advertising the distribution of child pornography. That case and Judge Lynch’s actions and observations, about which… continue reading

NOT A LIVING ROOM SOFA:CHANGING THE LEGAL STATUS OF COMPANION ANIMALS

Veterinary medicine has gone through tremendous changes in the past several decades. Until fairly recently, veterinary practice was viewed primarily as a “service profession to agriculture,” that involved many rote practices such as vaccinating herds of cows. In contrast, today’s veterinary practice focuses much more heavily on companion animal medicine and includes such specialty areas as… continue reading

DWORKIN, MARRIAGE, MEANINGS – AND NEW JERSEY IS DEMOCRACY POSSIBLE HERE? By Ronald Dworkin. Princeton, New Jersey: Princeton University Press August, 2006.

As one of the Nation’s preeminent legal philosophers and public intellectuals, Ronald Dworkin has, not surprisingly, engaged the Nation’s preeminent legal-political-social issue – the meaning of marriage. That engagement appears in its most focused form in Is Democracy Possible Here? published in August 2006 (with key excerpts appearing in the September 21, 2006 issue of the New… continue reading

WEIGHING IN ON TITLE VII: THE IMPACT OF THE BORGATA CASINO’S WEIGHT REQUIREMENT ON FEMALE BEVERAGE SERVERS

The Borgata Hotel, Casino and Spa in Atlantic City, New Jersey recently came under attack for the strict weight policy that is imposed on its beverage servers. The weight requirement provides sanctions for any employee whose weight increases by more than seven percent from the time at which a baseline weight was established. Critics of… continue reading

NOTE – CONGRESS ARE YOU LISTENING? THE “NO CHILD LEFT BEHIND” ACT AND ITS FAILURE TO ACCOUNT FOR TRAGIC DOMESTIC SITUATIONS OF URBAN YOUTH

Imagine for a moment that you are three years old again. Your biological mother has been diagnosed with bipolar disorder and your biological father left before you were born. As a result of your mother’s inability to maintain a job, her dramatic, often frightening mood swings, and lastly, a verbalized threat of potential harm, the local… continue reading

PLACE THE DEATH PENALTY ON A TRIPOD, OR MAKE IT STAND ON ITS OWN TWO FEET?

This paper considers differences in evidentiary standards and constitutional limitations during the guilt, eligibility and penalty selection determinations of a capital trial. Capital trials and the subsequent sentencing hearings of guilty defendants require careful procedural safeguards to ensure that juries are able to make distinct guilt, eligibility and penalty determinations, as contemplated by the governing… continue reading

WELFARE FRAUD, NECESSITY, AND MORAL JUDGEMENT

Moral Judgment has always played a major role in judicial decision-making, especially in cases involving poverty-related offences. An analysis of recent court decisions in such cases shows the same values that informed the courts in their deliberations more than 150 years ago continue to do so today. View More