Living in a home that is not accessible to a disabled person is like living in a prison cell. Likewise, visiting the home of a friend can contain impossible barriers if you are unable to get your wheelchair in the bathroom door or up a few steps. There has been a long history of physical… continue reading
As an employee benefits consultant, I have been exposed to the perils of the health insurance industry in our country. My career requires a commitment to my client, the employer, to structure an employee benefit plan in a way that maintains competitiveness for employees, while maintaining costs associated with offering such benefits. A major portion… continue reading
In 2003, the Supreme Court upheld the right of the government to forcibly medicate mentally ill defendants in order to make them competent to stand trial, and created a four- factor test to determine when the state interest in bringing a defendant to trial outweighs the defendant’s right to privacy in his own body. Previous… continue reading
The Brown v. Board of Education decision and the No Child Left Behind Act (NCLB) sit as pillars in our society of education as it stands under the law today. On their faces, both call for equal education. A deeper analysis reveals, however, that the two differ greatly in their approach. And yet, both appear to have had… continue reading
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
