Scrap Metal Theft: The Arguments For and Against Allowing the Feds to “Metal” in State Affairs

What do the very young, the elderly, homeowners, businessowners, the living, and even the dead share? They have all fallen victim to scrap metal thieves. From vanishing gravemarkers, to sweltering daycares and exploding houses, this isn’t the Wild West — it’s New Jersey. I. Introduction United States Supreme Court Justice Louis Brandeis once said that “[i]t is one of the happy… continue reading

Put a Lid on It: How NYC’s Attempted Regulation of Oversized Sugary Drinks Jeopardizes Traditional First Amendment Values

The American Medical Association has long warned that proactive measures should be taken to limit caloric intake, especially in the form of “sweetened carbonated beverages.”[2] Nevertheless, consumption of sugary soft drinks is on the rise.[3]  Between 1999 and 2001, sugary soft drinks comprised seven percent of all calories consumed by Americans, an over four percent increase… continue reading

The Case for New Jersey’s Opportunity Scholarship Act

I. Introduction         “Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin.”[1] Half a century after Brown v. Board of Education,[2] children in America’s poorest neighborhoods are told where they can and cannot attend school based on their parents’ incomes.[3] While public education is hailed… continue reading

The Case for New Jersey’s Opportunity Scholarship Act

I. Introduction         “Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin.”[1] Half a century after Brown v. Board of Education,[2] children in America’s poorest neighborhoods are told where they can and cannot attend school based on their parents’ incomes.[3] While public education is hailed… continue reading

New Jersey Fracking Policy: Past, Present, and Future

  Just across the Delaware River from New Jersey, the Commonwealth of Pennsylvania is in the midst of a natural gas boom.  This growth in Pennsylvania is driven by hydraulic fracturing (commonly known as “fracking”) of the Marcellus Shale, a geologic formation that stretches from approximately West Virginia to New York.[1]  The federal Energy Information Administration… continue reading

Box Office Bombs: State Film Tax Credit Programs, New Jersey’s Included

Scene I: State Film Tax Incentives           Hollywood, Ca. – This iconic town has long been recognized as the center of showbiz, glitz and glamour, not only throughout the United States but also by countless other countries across the globe. Hollywood is quintessentially unique: with the Santa Monica mountains to the… continue reading

Separation “of” Powers: N.J. High Court Strikes Down Governor’s Reorganization Plan Abolishing COAH

I. The Case           In In Re Plan for the Abolition of the Council on Affordable Housing, the Supreme Court of New Jersey examined whether the Executive Reorganization Act of 1969 authorizes the Governor to abolish the Council on Affordable Housing (COAH), which the New Jersey State Legislature created and placed “in,… continue reading

Enforcing a Mediation Agreement: N.J. Supreme Court Demands Signed Writing or Equivalent

I. Introduction             On August 15, 2013, the Supreme Court of New Jersey released its opinion in Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, clarifying that, pursuant to Rule 1:40-4(i),[1] all settlement agreements reached as a result of mediation in New Jersey state courts must be reduced to a signed writing, or ascribed to in an audio or… continue reading

Morrow v. Balaski: Third Circuit Affirms High Bar for Establishing a “Special Relationship” Between School and Student

I. Back to School             Imagine you are in high school again. As if that is not horrifying enough, imagine that you are the target of another student’s physical and verbal bullying. The bully constantly harasses you—chasing you around the school shouting racial epithets, phoning you to threaten physical violence, calling you out on social… continue reading