A LEGAL APPROACH TO THE USE OF HUMAN BIOLOGICAL MATERIALS FOR RESEARCH PURPOSES

Human Biological Materials (HBM) come from individuals in a variety of circumstances. The use of HBM for research purposes raises a host of difficult ethical questions. The law is important in this arena because, in most cases, legal principles significantly influence the making of ethical choices. Following a general overview of research regulation in the… continue reading

Police Blockade: How The Revitalization Of The Tenth Amendment Could Pave The Way To Legalized Sports Betting In New Jersey

On January 12, 2012, New Jersey passed N.J. Stat. Ann. § 5:12A-1 (Sports Gambling Law), a law, which legalizes sports wagering in the state. The passage of the law has sparked controversy across both the National Collegiate Athletic Association and the major professional sports organizations. The National Collegiate Athletic Association (NCAA), National Basketball Association, National… continue reading

The Second Annual Sports and Entertainment Law Society Symposium

Christopher Gulla: All right guys, can I have everybody’s attention? I’m Chris Gulla, President of the Sports and Entertainment Law Society. First, I would just like to welcome everybody here to the Rutgers Camden Sports Entertainment Law Society’s Second Annual Sports Law Symposium. SELS has been planning this event for about four months now, so it’s very exciting for all of… continue reading

DOCTOR-PATIENT-STATE RELATIONSHIP: THE PROBLEM WITH INFORMED CONSENT AND STATE MANDATED ULTRASOUNDS PRIOR TO ABORTIONS

The right of personal privacy in the United States includes the abortion decision. This right to an abortion is governed by case law that protects both the state’s interest in the health of the woman and that of potential life from the outset of pregnancy. However, the parameters of this decision are continually changing due… continue reading

FREEDOM AND DEMOCRACY IN A WORLD GOVERNED BY FINANCE: HABERMAS AND THE CRISIS IN EUROPE: A FREE LABOR RESPONSE

Jürgen Habermas has recently warned that the sovereign debt crisis in Europe is transforming democratic governments into “economic governments” threatening not only economic disaster, but also the end of the world’s first supranational project – the European Union. And, according to Habermas, Europeans seem not to understand their Europe, and instead have used economic austerity as… continue reading

MANDATORY DRUG SCREENING FOR WELFARE RECIPIENTS: FISCALLY RESPONSIBLE LIMITATIONS ON GOVERNMENT HANDOUTS OR CONSTITUTIONAL VIOLATION

There is a long history of political maneuvering that surrounds social welfare legislation and government entitlement programs at both the national and state level. One aspect that has received increased attention during the recent economic downturn is mandatory drug screening, which has been a tool for politicians seeking to conserve taxpayer resources and limit the… continue reading

EFFICIENCY AND ENVIRONMENTALISM THE CASE FOR UNIFORM PROCEDURES ACTS IN STATE ENVIRONMENTAL LAWS

Imagine for a moment that you recently acquired a piece of undeveloped property. For whatever reason, you intend to improve the property by building a structure or otherwise developing the land. Wanting to do your due diligence and comply with all applicable laws, you hire a consultant of some sort to navigate the often-choppy regulatory… continue reading

SLAVE TO THE TRAFFIC LIGHT: A ROAD MAP TO RED LIGHT CAMERA LEGAL ISSUES

Today, nearly half of all states use automated traffic enforcement. In these states, cameras record vehicles as they run red lights or exceed the speed limit, and violation notices are later mailed to the registered owner. The use of cameras for automated traffic enforcement presents numerous legal issues. First, the cameras are subject to highly… continue reading

WHEN BUSINESS LICENSING LAW AND IMMIGRATION COLLIDE: SUB-FEDERAL EMPLOYER SANCTIONS LEGISLATION IN THE WAKE OF CHAMBER OF COMMERCE V. WHITING

A license is defined as any “right or permission granted in accordance with law . . . to engage in some business or occupation, to do some act, or to engage in some transaction which but for such license would be unlawful.”1 Generally, business licenses form a relatively benign background to state and local economies…. continue reading

SELECTIVE TESTING OF DNA AND ITS IMPACT ON POST-CONVICTION REQUESTS FOR TESTING

The prisons are full of men and women who profess their innocence despite having been convicted on the weight of the evidence presented by the prosecution. Yet, each year many of those found guilty are exonerated after post-conviction testing of deoxyribonucleic acid (“DNA”) evidence proves that they are innocent. The Pennsylvania Innocence Project reports that… continue reading