Although the American justice system is derided as expensive, capricious, and prone to abuse, Americans go to court more often—and more expensively—than any other people in the world. The purpose of this paper is to explore the possibility of reducing the incidence of what I will call “abusive litigation” in the United States by replacing… continue reading
In 1953, sociologist Ray E. Baber confidently asserted that the “opportunity which marriage affords for constant and complete companionship with the person most loved, with the full sanction of society, is its greatest single attraction.” Another mid-20th century text, Paul H. Landis’ “Making the Most of Marriage”, referred to the “long-accepted idea that marriage is… continue reading
It is time for New Jersey’s leaders to think outside of the box. Like most every other state in the union, New Jersey is not immune to the harsh effects of the recent economic crisis. For the fiscal year of 2011, New Jersey faces nearly a $10 billion budget deficit and a mid-year budget gap… continue reading
Courts of the United States have routinely neglected to hold Internet Service Providers (“ISPs”) liable for contributory copyright and trademark infringement. However, on August 28, 2009, in Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., eight jurors out of the Northern District of California found two ISPs liable for $32.4 million in damages to French… continue reading
The Family and Medical Leave Act of 1993 (FMLA) was intended to provide unpaid family and medical leave to employees suffering from a serious medical condition, or to employees having to take care of an immediate family member– including a foster or adoptive child–for up to twelve weeks. As part of the FMLA, an employee… continue reading
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
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
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
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
Where assisted reproductive technology (ART) was once in the realm of science fiction, it has become reality. Now, not unlike adventurers sent to explore a new territory without the help of maps or navigational instruments, New Jersey lawyers are asked to counsel clients about ART. View More
