Rutgers JLPP publishes volume eight

The editorial board is pleased to announce the publication of volume eight of the Rutgers Journal of Law & Public Policy. This issue includes articles on topics such as the racial tensions underlying the Supreme Court decision of Ricci v. Destefano, punitive damages in asbestos litigation, the evolution of FCC fleeting profanities policy, and the role of state… continue reading

Book review for Current Issues in Constitutional Litigation by Sarah E. Ricks and Evelyn M. Tenenbaum

Professors Ricks co-wrote Current Issues in Constitutional Litigation with the overriding goal of providing attorneys-in-training with practical knowledge and skills to prepare them for practice. She wanted to create the sort of practical guide she wished she had to prepare herself for her legal career.  With that in mind, the text avoids a bare recitation of theory,… continue reading

Increasing Military Readiness and Recognizing Honorable Service: Why Congress Should Allow Access to TRICARE Reserve Select Health Insurance for Gray Area Retired Military Reservists

This note examines a gap in military health insurance availability for retired military reservists who have not yet attained age 60 (“gray area reservists”) and proposes a solution to fix this problem. The solution essentially entails expanding the current health insurance program for actively drilling military reservists to cover gray area reservists. Actively drilling military… continue reading

Opposition Despite Control: Shutting Down the Streets and the Stigma of Dissent

Revolution is in the air: from Tunisia to Egypt, Libya to Syria; from the streets of lower Manhattan to the hills of Berkeley, making Amory Starr, Luis Fernandez and Christian Scholl’s work, Shutting Down the Streets: Political Violence and Social Control in the Global Era all the more relevant. The authors explore the concept of social control… continue reading

Depository Institutions, Corporate Personhood, and the Federal Reserve: Striking a Balance in the Battle Between Public Good and Corporate Power

Follow  The notion that corporations are treated as persons under the confines of the Constitution is rooted in the beginnings of the nation.  Within the past decades, however, corporations viewed as citizens akin to human beings has generated a great deal of political and social scrutiny.  Many opponents regard the corporate entity as a massive engine of wealth that… continue reading

Commuter Rail Cellphone Service Disruption Creates a New Wrinkle in the Free Speech Debate

The Bay Area Rapid Transit (BART), a San Francisco-area commuter rail governmental agency created by the State of California, shut down cellular communications, including internet access on “smart phones” for over three hours on August 11, 2011 in several of their stations.[2]  The disruption was made, anticipating a demonstration to protest the shooting of a… continue reading

How Courts are Undermining the American with Disabilities Act’s Private Enforcement Provision

The expression “professional plaintiff” has long been a dirty word in the legal lexicon.[2]   To some, the term describes “rapacious jackals whose declared well-being camouflages their unwholesome appetite for corporate dollars.”[3]   To others, the term describes “misunderstood . . . battle-tested ‘private attorney general[s]’ who shoulder the burden of enforcing regulatory violations for… continue reading

Third Party Financing of Commercial Litigation and the Common Interest Doctrine

Litigation is a relatively recession proof business and is, therefore, an attractive asset class to investors. [2]  As a result, third party investment in litigation has become a lucrative business. [3]  While third party litigation financing is a recent phenomenon, [4] the emergence of investors who finance commercial claims brought by companies against other companies, is… continue reading

Jurisdictional Tug of War and the Class Action Fairness Act: How Plaintiffs Attempt to Avoid Federal Court and How Courts Let Them

On February 18, 2005, President Bush signed the Class Action Fairness Act (“CAFA”) into law.[2]  He described the legislation as “a critical step toward ending the lawsuit culture in our country” and lauded that the law will “ease the needless burden of litigation on every American worker, business, and family..”[3]  Congressional findings on the law describe its… continue reading