LAND USE LAW AND ACTIVE LIVING: OPPORTUNITIES FOR STATES TO ASSUME A LEADERSHIP ROLE IN PROMOTING AND INCENTIVIZING LOCAL OPTIONS

With rates of obesity and related diseases on the rise, particularly in children, the time is ripe to raise discussions about how our built and planned environments can encourage not just youth, but people of all ages, to lead healthier lifestyles. Criticism has long been raised that land use policies in the United States encourage… continue reading

OUTSIDERS LOOKING IN: THE AMERICAN LEGAL DISCOURSE OF EXCLUSION

Author: Luis E. Chiesa Shortly after the birth of our nation, Congress enacted the Alien Friends Act, which granted to President John Adams the power to detain and deport aliens from any country deemed “dangerous to the peace and safety of the United States” without affording them due process of law. After the riots and criminal… continue reading

THE UNEQUAL APPLICATION OF NEW JERSEY’S ARTIFICAL INSEMINATION ACT

New Jersey has long served as a leading state in the gay and lesbian civil rights movement. This trend is most evident in the recent developments of New Jersey courts dealing with the rights of same-sex couples. The most notable recent developments are the New Jersey Supreme Court’s decision in Lewis v. Harris and the legislation that followed. View More

HEALTH INSURANCE: PAYING THE PREMIUM OR PAYING THE PRICE? – ERISA PREEMPTION AND RICO’S RECOURSE

As an employee benefits consultant, I have been exposed to the perils of the health insurance industry in our country. My career requires a commitment to my client, the employer, to structure an employee benefit plan in a way that maintains competitiveness for employees, while maintaining costs associated with offering such benefits. A major portion… continue reading

THE RIGHT TO REFUSE TREATMENT FOR MENTAL ILLNESS

In 2003, the Supreme Court upheld the right of the government to forcibly medicate mentally ill defendants in order to make them competent to stand trial, and created a four- factor test to determine when the state interest in bringing a defendant to trial outweighs the defendant’s right to privacy in his own body. Previous… continue reading

OUR BUILDING BLOCKS OF EDUCATION DO NOT STACK UP

The Brown v. Board of Education decision and the No Child Left Behind Act (NCLB) sit as pillars in our society of education as it stands under the law today. On their faces, both call for equal education. A deeper analysis reveals, however, that the two differ greatly in their approach. And yet, both appear to have had… continue reading

HASTE MAKES WASTE: A CALL TO REVAMP NEW JERSEY’S MEGAN’S LAW LEGISLATION AS-APPLIED TO JUVENILES

New Jersey must revamp its Megan’s Law legislation as it applies to juvenile offenders. The New Jersey Legislature hastily enacted its Megan’s Law scheme in 1994 and failed to consider several important differences between adult sex offenders and juvenile sex offenders, including their respective recidivism rates and amenability to treatment. The current legislation violates the… continue reading

THE TWIN RIVERS CASE: OF HOMEOWNERS ASSOCIATIONS, FREE SPEECH RIGHTS AND PRIVATIZED MINI-GOVERNMENTS

One in eight New Jersey residents live in common interest communities (“CICs”), a form of housing and community governance that encompasses planned housing developments, condominiums, and housing cooperatives. In the fastest growing parts of the State, CICs— particularly planned housing developments governed by homeowner associations—are the dominant form of new housing. In 2002, it was estimated… continue reading

HOMEOWNER ASSOCIATION PROBLEMS AND SOLUTIONS

Agreement on a goal is a prerequisite to classifying situations or conditions as problems. Mere identification of problems, however, is insufficient. One cannot propose solutions without adequately understanding the problems. If society’s intention in setting up associations is to encourage the formation of undemocratic Gulags ruled by unaccountable boards and for the enrichment of those… continue reading