IMPLICATIONS OF THE PARENTAL RIGHT TO UNILATERALLY REVOKE CONSENT OF SERVICES ON THE RIGHTS OF A CHILD WITH LEARNING DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The Supreme Court and Congress have recognized the importance of education in American society as early as the 1950s when the Court in Brown v. Board of Education declared education to be “perhaps the most important function of state and local governments.” While education has traditionally been under the control of local governments, the federal… continue reading

THE VERBAL THRESHOLD SINCE BROOKS V. ODOM: THE UNCERTAINTY OF PUBLIC ENTITY LIABILITY FOR PAIN AND SUFFERING DAMAGES IN NEW JERSEY

Mary Motorist is stopped at a red light when she is startled by a loud crash. Her head jerks forward as her car is shaken. She has just been rear-ended by Cathy Careless, a New Jersey Department of Transportation (“DOT”) worker on her way to an appointment in a state vehicle. The two exchanged insurance… continue reading

TAXING DISCRIMINATION VICTIMS: HOW THE CURRENT TAX REGIME IS UNJUST AND WHY A HYBRID INCOME AVERAGING AND GROSS UP REMEDY PROVIDES THE MOST EQUITABLE SOLUTION

The United States Congress has utilized its constitutionally enumerated powers under the Commerce Clause and the Fourteenth Amendment to enact laws with the goal of ending harmful workplace discrimination. The seminal federal employment discrimination laws that were passed to achieve this noble end include Title VII of the Civil Rights Act of 1964, the Age Discrimination… continue reading

SYMPOSIUM

I’m here to support my wife, but I’m, in truth, fascinated by this conversation. I have two factual questions to ask, which seem to be fairly fundamental and the first, I think, could be for Kim. And that is how do you price the labor? You said it could be six figures, but it seems… continue reading

THE WINDING ROAD TO THE TWO-DAD FAMILY: ISSUES ARISING IN INTERSTATE SURROGACY FOR GAY COUPLES

In recent decades, medical technology has advanced rapidly to allow couples who cannot conceive using traditional means the opportunity to bear children through assisted reproductive technology (ART). These advances in ART have accompanied, and sometimes driven, societal shifts in parenting norms and the broader acceptance of non-traditional families. For lesbian, gay, bisexual and transgender (LGBT)… continue reading

BABY M: AN UNREQUITED INVITATION

In re Baby M presented a truly groundbreaking fact pattern that had not yet been adjudicated in New Jersey, and has achieved a near iconic status, in New Jersey and across the country. Its legacy is somewhat surprising, though, since the case itself did very little in terms of announcing new law. In essence, the… continue reading

DOES MASS PRODUCT TORT LITIGATION FACILITATE OR HINDER SOCIAL LEGISLATIVE REFORM? A COMPARATIVE STUDY OF TOBACCO REGULATION

Michael Moore, Mississippi State Attorney General, triumphantly proclaimed the settlement of the tobacco litigation as “the most historic public health agreement in history.” Since that moment, numerous scholars and public health advocates have lined up to debate the effectiveness of litigation in accomplishing public health policy objectives. No scholar denies the fact that litigation can have… continue reading

STUDENT NOTE: SO SUE ME: HOW CONSUMER FRAUD, ANTITRUST LITIGATION, AND OTHER KINDS OF LITIGATION CAN EFFECT CHANGE IN THE TREATMENT OF EGG-LAYING HENS WHERE LEGISLATION FAILS

Animal welfare groups like the Humane Society of the United States (HSUS) and Compassion Over Killing (COK) are diligent in their efforts to improve the lives of egg-laying hens and continue to push legislation at both the federal and state level to improve farm animal lives, but the process can be slow. What’s more, the… continue reading