State v. Terry and Savoy: An Affirmation of the Continued Importance of the Marital Communications Privilege in New Jersey

I. Introduction             On July 22, 2014, the New Jersey Supreme Court unanimously opined that communications between spouses are protected under the marital communications privilege during a criminal trial, even where they are intercepted appropriately via wiretap.[1]  According to the 7-0 holding in State v. Terry and Savoy, the New Jersey Wiretap and Electronic Services Control Act… continue reading

Gay Bashing, Trans Slayings, and the Reasons Why LGBTQ Philadelphians Remain Woefully Unsafe in 2014

On September 11, 2014, an alleged “gay bashing” of a Philadelphia couple sent shockwaves through our community;[3] the echoes of which rippled through social media sites and the Internet, generally.  Media coverage was extensive, and the alleged perpetrators were identified, in part, due to a combination of public outcry and their images being shared over social… continue reading

Terminable-at-Will Clauses and Executory Contracts in Bankruptcy: An Examination of Third Circuit Treatment and Practitioner Guidance

I. Introduction              In the landscape of terminable-at-will provisions of executory contracts in Third Circuit bankruptcy cases, the practitioner is left in the pasture of statutory interpretation with no shepherd. While the Code expressly prohibits post-petition unilateral termination of an executory contract on the basis of an ipso facto clause, or a… continue reading

Trademark Infringement: Third Circuit Offers Guidance on Evidence Needed to Satisfy Irreparable Harm in Preliminary Injunctions

I. Introduction             For a trademark owner asserting infringement, a preliminary injunction is a powerful tool: once acquired by the owner, the alleged infringer is obliged to immediately stop all use of the challenged mark, until the infringement issue is determined in a full trial on the merits.[1]  In the… continue reading

2015 Symposium: New Legal Strategies to Prevent Drug Overdoses

Rutgers Journal of Law & Public Policy was pleased to host the 2015 Symposium: New Legal Strategies to Prevent Drug Overdoses. The editorial board would like to thank the attending speakers: Rosanne Scotti, State Director of New Jersey Drug Policy Alliance; Rebecca Ricigliano, Senior Staff Member of Attorney General Hoffman’s Office; and Harry Earle, Chief… continue reading

JLPP Alum Cited by Iowa Supreme Court

Kudos to Matthew Maisel, who served as Editor-in-Chief of JLPP from 2010-11. His article, “A Slave to the Traffic Light: A Road Map to Red Light Camera Legal Issues,” published in Vol. 10 of JLPP, was recently cited by the Iowa Supreme Court! This is the second time that Matthew’s article has been cited in a court opinion…. continue reading

The Pennsylvania Abandoned and Blighted Property Conservatorship Act: A Tool for Targeted Neighborhood Revitalization

I.               Introduction            Property abandonment and blight have been long standing problems in this region.[1]  For neighbors, they significantly reduce the average value of adjacent lots. [2]  For cities, demolition and lost tax revenue add up to millions of dollars in annual costs. [3]  Beyond expense, these structures adversely affect public health and safety by… continue reading

New Jersey’s Answer to the Economic Loss Rule: Striking a Balance Between Public Policy Considerations in Contract and Tort Law

I.         A Brief Introduction              For nearly forty decades, courts have struggled to determine whether to award purely economic loss to a party that fails to show an actual physical injury or property damage.  The struggle focuses around the application of the economic loss rule. As a judicially made doctrine developed… continue reading