New Jersey must revamp its Megan’s Law legislation as it applies to juvenile offenders. The New Jersey Legislature hastily enacted its Megan’s Law scheme in 1994 and failed to consider several important differences between adult sex offenders and juvenile sex offenders, including their respective recidivism rates and amenability to treatment. The current legislation violates the… continue reading
One in eight New Jersey residents live in common interest communities (“CICs”), a form of housing and community governance that encompasses planned housing developments, condominiums, and housing cooperatives. In the fastest growing parts of the State, CICs— particularly planned housing developments governed by homeowner associations—are the dominant form of new housing. In 2002, it was estimated… continue reading
Agreement on a goal is a prerequisite to classifying situations or conditions as problems. Mere identification of problems, however, is insufficient. One cannot propose solutions without adequately understanding the problems. If society’s intention in setting up associations is to encourage the formation of undemocratic Gulags ruled by unaccountable boards and for the enrichment of those… continue reading
Good morning. My name is Renee Steinhagen. I’m the Executive Director of New Jersey Appleseed, the Public Interest Law Center. I want to welcome you here this morning for what is a very important conference. This conference is being sponsored by the three law schools of New Jersey: Rutgers Law School in Newark, Rutgers Law… continue reading
In May 2007, the Homeowner Associations: Problems and Solutions Conference was held in Trenton, New Jersey. The Conference was funded by the Lois and Stan Pratt Foundation and co-sponsored by Rutgers School of Law- Camden, Seton Hall Law School, and Rutgers Newark Law School. American Civil Liberties Union- New Jersey, League of Women Voters, AARP,… continue reading
U.S. federal courts have held as a matter of law that torture is within the “scope of employment” of federal officials. Under the current absolute immunity doctrine, such a determination results in the automatic substitution of the United States as defendant. Since the United States is immune from torture liability because of sovereign immunity and… continue reading
The writ of habeas corpus is perhaps the most fundamental guarantee of liberty in a democracy. The United States’ federal habeas corpus statute was first enacted as part of the Judiciary Act of 1789. As Justice Stevens has noted, habeas corpus is “however, ‘a writ antecedent to statute . . . throwing its root deep… continue reading
My thesis is that the Military Commissions Act represents a total failure of Congress to pay attention to some basic propositions of international treaty and customary law and a failure to exercise its powers under the Constitution. The Congress that passed the legislation was led by Republicans, but I have not seen the Democrats rushing… continue reading
On February 21, 2008, the thirteen commissioners of Miami- Dade County approved a plan to spend $347 million in taxpayer money to build a new 37,000-seat retractable-roof ballpark for the Florida Marlins baseball club. The plan requires the county to contribute roughly two thirds of the cost for the new ballpark, with the city of… continue reading
This essay is a polemic. As an attorney turned political scientist, it reflects my reaction to a pervasive theme that permeates much of the political science literature, particularly within the subfield of law and politics. It is intended to air concerns that will likely resonate with many in the legal community. Legal professionals who have… continue reading
