Unsettled: Attorney’s Fees for Prevailing Under the “Common Law Right of Access”

I. Introduction             Public records contain important information, and there is often a need for the records to be made available to citizens and other entities such as news outlets.  However, the disclosure of public records must balance the public’s interest in the information against the State’s right to confidentiality.  In turn, New Jersey facilitates… continue reading

Is It Bootstrapping? ENDA Would Render the Query Obsolete

I. Introduction              There is currently no federal protection against workplace harassment that is motivated by an individual’s sexual orientation. However, federal law does prohibit harassment that is based solely on a victim’s nonconformity with gender stereotypes. In many cases, harassment based on both gender nonconformity and sexual orientation is… continue reading

Watch What You Record: Proposed N.J. Legislation Aims to Change State Wiretapping Law

I. The Proposed Legislation             Two members of the New Jersey Assembly, Minority Leader Jon Bramnick (R-Morris, Union, and Somerset) and Asw. BettyLou DeCroce (R-Essex, Morris, and Passaic) introduced Assembly Bill 1567, which is currently pending in the Assembly Judiciary Committee.[1] If enacted, the bill will amend the New Jersey Wiretapping and… continue reading

Legalize it? The Problems Marijuana Legislation Faces in New Jersey

I. Senate Bill 1896             The notion of legal recreational marijuana is gaining support in the State of New Jersey. On March 27, 2014, New Jersey State Senator Nicholas P. Scutari (“Scutari”) introduced Senate Bill (“S”) 1896.[1]  If passed, the bill would legalize the possession and personal use of small amounts… continue reading

Does McNeely Provide Steely Protection Against Warrantless BAC Testing?

I. Introduction             Drunk driving is a serious crime and jurisdictions all across the nation have increasingly imposed stringent penalties upon those who violate the law.[1]  Generally, convictions are sustained on the basis of the police officer’s testimony and by some kind of test: a “breathalyzer” test or a blood alcohol… continue reading

Dealership or No Deal: New Jersey’s Ban on Direct Automobile Sales Prohibits Tesla from Selling Without Use of Dealerships

I. Introduction                        Earlier this year, New Jersey Division of Motor Vehicles (hereinafter referred to as “NJDMV”) adopted a rule that virtually prohibits Tesla Motor Company from selling cars in New Jersey.[1]  The rule reaffirmed pre-existing law that new vehicles could only be sold through dealer franchisees.[2]  This… continue reading

Setting the Bar in Cyberspace: How the FTC is Enforcing Standards That Protect Individuals Online

I.   The Dangers of Cyberspace are Changing, but All Cause Damage             Cyber security is quickly changing in a multitude of ways.  As the international economy grows increasingly dependent upon the Internet as a means to conduct business, online criminals find new ways to target unsuspecting citizens.  Unauthorized users intrude… continue reading

A Tour of the Second Amendment in the Third Circuit and Beyond

I. Introduction             The Second Amendment to the Constitution states that “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”[1]  The scope of the Second Amendment has been hotly debated. On the one… continue reading

A Fluid Interpretation: Pennsylvania Courts’ Conflicting Interpretations of the Legislature’s Intent for the Guaranty Minimum Royalty Act

I. Introduction              Pennsylvania has always maintained a role as an energy producing state.  In recent years, technological advancements and increased energy prices have made energy production in Pennsylvania even more lucrative.  This is especially true with natural gas, which has seen a dramatic increase in exploration and drilling.  Of… continue reading

Philadelphia Faces Class-Action Lawsuit Over Property Seizures

I. Introduction             Chris Sourovelis has lived in Philadelphia for 30 years, and has owned his North Philadelphia home since 2007.[1]  This March, his son was caught selling forty dollars worth of drugs outside of their home.[2]  This would have been the end of the story, or a mere two lines in… continue reading