OUTSIDERS LOOKING IN: THE AMERICAN LEGAL DISCOURSE OF EXCLUSION 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… continue reading
BUT DID THEY LISTEN?: THE NEW JERSEY DEATH PENALTY COMMISSION’S EXERCISE IN ABOLITIONISM: A REPLY Robert Blecker On January 2, 2007, the New Jersey Death Penalty Study Commission, with one dissenting vote, declared itself “pleased” to submit its report and recommendations to the Governor. The Commission had reached consensus: The legislature should simply abolish the… continue reading
TO SAVE OR NOT TO SAVE: HISTORIC PRESERVATION IN NEW JERSEY – JUSTIFICATIONS, HINDERANCES, FUTURE Brian Uzdavinis The concept evokes images of wealthy older women sitting well postured on horse-hair-stuffed settees in the parlor of some Victorian mansion, just one among a lengthy strip of painted ladies standing demurely along a shady, tree-lined street. A… continue reading
STAND YOUR GROUND: FLORIDA’S CASTLE DOCTRINE FOR THE TWENTY-FIRST CENTURYChristine Catalfamo In October 2005, Florida, a notoriously violent state, codified its castle doctrine and doctrine of self-defense into a group of statutes known as the “Stand Your Ground” law. This new statutory scheme abrogates the duty to retreat before using deadly force and is built… continue reading
DWORKIN, MARRIAGE, MEANINGS – AND NEW JERSEY IS DEMOCRACY POSSIBLE HERE? By Ronald Dworkin. Princeton, New Jersey: Princeton University Press August, 2006. Monte Neil Stewart As one of the Nation’s preeminent legal philosophers and public intellectuals, Ronald Dworkin has, not surprisingly, engaged the Nation’s preeminent legal-political-social issue – the meaning of marriage. That engagement appears… continue reading
SUPPORTING FAMILIES, SAVING FUNDS: AN ECONOMIC ANALYSIS OF EQUALITY FOR SAME-SEX COUPLES IN NEW JERSEY M. V. Lee Badgett, Ph.D. R. Bradley Sears, J.D. Deborah Ho, J.D. Perhaps no issue is more closely associated with religious, moral, and emotional concerns than extending marriage to same-sex couples. As the discussion has broadened and deepened over the… continue reading
SEEKING A CONSOLIDATED FEMINIST VOICE FOR PROSTITUTION IN THE US Gregg Aronson Liberal, social, and radical feminism are among the most predominant feminist doctrines on the issue of prostitution. The core tenets of these schools of thought are vastly different. Each focuses on what they believe to be the root causes of prostitution and each… continue reading
INTRODUCTION: CREATING LEGITIMATE DIGITAL PRIVACY RIGHTS FOR INTERNET USERS Privacy has become a complex legal issue as technological advancements have created a multitude of ways, both physical and digital, that one’s privacy rights can be violated. Although the Supreme Court has declined to recognize a constitutional right to digital privacy, the increasing pervasiveness of digital… continue reading
LIBERTARIAN PATERNALISM: THE COCAINE VACCINE AS A TEST CASE FOR THE SUNSTEIN/THALER MODEL Professor Dru Stevenson We make bad choices. We also make choices for other people. This seems to be an unfortunate pair of statements, and it would be just as unfortunate (or maybe worse) in the reverse: We make choices for other people…. continue reading
FORECLOSURE OF A DREAM: THE IMPACT OF THE COUNCIL ON AFFORDABLE HOUSING’S NEW REGULATIONS ON THE CONSTITUTIONAL DUTY TO PROVIDE AFORDABLE HOUSING IN NEW JERSEY Eamonn K. Bakewell Zoning laws can be used to unjustly restrict the poor from moving into adequate housing surrounded by adequate space. This note considers the tension between the constitutional… continue reading
