Editorials

Court Rightly Sent Clear Message in Latest Mt. Laurel Ruling

By Editorial Board |

The court stood by precedent, and stated loudly and clearly that the new justices would not go back on solid, established state constitutional obligations. We applaud the court's steady adherence to our state constitution.

U.S. District Judge James Robart of the Western District of Washington

Stop Disparaging Judges

By Editorial Board |

Coming from the president, such statements are reprehensible and must be condemned in the strongest terms by all who subscribe to the principles of separation of powers and the independence of the judiciary—two of the most important bedrocks of our system of government. We do so here.

Media outside the United States Court of Appeal for the Ninth Circuit.

Plenary Power Must Not Sanction Religious Exclusion

By Editorial Board |

We hope and trust that when put to the test, the plenary power of the United States to control immigration will not be extended to the exclusion or special scrutiny of individuals on the ground of religious belief.

Address Family Court Delays

By Editorial Board |

It cannot be that cases that mediators or arbitrators find resolvable in a short time should be dragging on in the courts as the seasons change.

Allow Citation to Unpublished Opinions

By Editorial Board |

It is time for the court rules to catch up with the practice and technology concerning the use of unpublished appellate opinions.

Clarity Needed on 'Spokeo' Class Action Standing

By Editorial Board |

Efforts to draw a line, and ensure that Fair Credit Report Act class actions focus on harm to the plaintiffs, are playing out in two cases pending in New Jersey.

U.S. Supreme Court building in Washington, D.C.

To Thwart Forum Shopping, Make Clear Ruling on Jurisdiction

By Editorial Board |

We predict BNSF will fall and so hope. The decision below encourages rampant forum shopping, which already has affected Montana—where, according to the certiorari petition, there are 32 pending FELA actions brought by plaintiffs who are not Montana residents, were not injured there, and do not allege any Montana-related transgressions.

Richard Posner.

Posner's Barbs Emphasize Need for Commentary Restraints

By Editorial Board |

We believe there should be ethical limits on comments about the judiciary from within in terms of their impact on the public's perception of the fairness and competence of its decision-making—and, in turn, on the public's confidence in the judiciary.

Bernards Township, NJ. Wikimedia

Township: Give Up the Fight Against Mosque Construction

By Editorial Board |

The Township of Bernards faces a decision: if they appeal and continue the fight, they will exacerbate conflicts in the community, and will incur further counsel fees in an already burdensome effort to prevent construction of a house of worship.

N.J. Supreme Court Chief Justice Stuart Rabner

Legislature Must Heed Court's Call on Juvenile Sentencing

By Editorial Board |

Our Supreme Court has now written another compassionate chapter in our sentencing jurisprudence, affording a meaningful opportunity to youthful offenders serving the effective equivalent of a life sentence to demonstrate that they have in fact changed and should be free. We urge our Legislature to quickly act.

Practice Restrictions on Retired State Judges Go Too Far

By Editorial Board |

We believe that rule goes too far, and that our retired judges should be permitted to write briefs and argue cases pro bono, for legal services organizations and the Public Defender's Office.

Hughes Justice Complex, Trenton, New Jersey.

In Reversing Disbarment, Court Recognizes Second Chances

By Editorial Board |

The Luciano case is important because it makes clear that the court understands the consequences of disbarment to an attorney, and gave one the chance to present additional proofs to vindicate himself, even though his disbarment proceedings complied with due process and had achieved finality. For this, the court warrants our respect, and the system has greatly benefited.

Law Doesn't Define Patriotism

By Editorial Board |

We suggest that faux patriotism is not always patriotism at all.

Revamped Remediation Rule Yields Absurd Result

By Editorial Board |

A recent decision by the Appellate Division highlights unintended consequences in the Department of Environmental Protection's site remediation program and the need to tweak the system to avoid unnecessary costs and delays to the regulated community.

2016 NJ State of the State Address by Gov. Chris Christie (right), Sen. Stephen Sweeney.

Adoptees' Right to Birth Records

By Editorial Board |

For many years, adoptees in New Jersey have been unable to have access to their birth records and to the names of their birth parents. We commend the Legislature and the governor for bringing New Jersey into line with many other states with respect to this subject.

Chief judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit.

Welcoming Garland Back to D.C. Circuit

By Editorial Board |

Perhaps not so quietly, Judge Merrick Garland has resumed hearing cases on the U.S. Court of Appeals for the District of Columbia Circuit.

Council on Local Mandates Faces Stiff Test on Bail Reform Query

By Editorial Board |

The New Jersey Association of Counties, representing at least nine counties, has filed a complaint with the Council on Local Mandates. Many of the new criminal justice reform requirements are said to be unfunded mandates. If the council were to so rule, it would undo the entire statutory criminal justice reform initiative.

Legislative Veto Ruling Was Right

By Editorial Board |

A recent Appellate Division decision sheds new light on legislative-executive relations. We commend the Appellate Division's reasoning to our Supreme Court if it reviews the case. Otherwise, the decision provides important guidance for the Legislature and the courts.

New York's Physical Office Rule Needs Supreme Court Review

By Editorial Board |

In 2008 Princeton solo Ekaterina Schoenefeld persuaded a New York federal judge that the requirement of New York Judiciary Law section 470, requiring out-of-state lawyers to maintain a physical office in New York, violates the Equal Protection Clause of the U.S. Constitution. In 2015, a divided panel of the Second Circuit reversed. The U.S. Supreme Court is our last best hope. It should grant Schoenefeld's petition for certiorari.

Preserve Newspaper Legal Notices

By Editorial Board |

At a time when we appreciate freedom of the press more than ever and worry about its survival, it would be bad policy for the Legislature to take the business of publishing legal notices from newspapers and allow municipalities to post notices on their own websites instead. But that is exactly what a bill—fast-tracked with Gov. Christie's support—would have done. Fortunately, after being met with a public outcry, the measure was withdrawn. It should not come back.

U.S. Supreme Court building in Washington, D.C.

Right Result on Insider Trading

By Editorial Board |

In our Dec. 5 editorial, we discussed Salman v. United States, an insider-trading appeal that was argued before the U.S. Supreme Court. We would not have predicted that the ruling would come one day later.

Handcuffs with gavel on a wood background

Inevitable Backfires Must Not Derail Criminal Justice Reform

By Editorial Board |

New Jersey is about to embark on the most ambitious program of criminal justice reform in our collective memory.

Chief judge Merrick Garland, of the U.S. Court of Appeals for the District of Columbia Circuit, during the U.S. District Court for the District of Columbia's Reentry Court Inauguration Ceremony. June 6, 2016. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Garland Should Not Recuse in CFPB Matter Before D.C. Circuit

By Editorial Board |

Judge Garland's recusal makes perfect sense in the normal world. But the Senate has refused to consider the nomination—or in the case of some senators, to even entertain a traditional courtesy visit with the nominee. He will not serve on the Supreme Court, and thus there is no longer any reason for his recusal from cases such as this CFPB matter.

N.J. Supreme Court Justice Jaynee LaVecchia

'Fiscal Necessity' Exception to CBAs Needed Reining in

By Editorial Board |

This new decision gives important guidance to local governments and their public employee associations, PERC, lower courts and those who had given an overly broad reading of Keyport to provide a virtual carte blanche to local governments to abrogate the agreements with their employees.

U.S. Capitol building in Washington, D.C.

Restart Efforts to Abolish the Electoral College

By Editorial Board |

As citizens of one of the states whose votes are undervalued when determining who will become the next president, we strongly support an amendatory constitutional process to allow the majority of voting Americans to decide.

Coordinated Effort Needed to Improve Attorney Retirement Planning

By Editorial Board |

In this editorial, we deal with a lawyer's voluntary decision to "hold 'em or "fold 'em"—to continue practicing or to pack up and retire from the law.

U.S. Supreme Court building in Washington, D.C.

An Insider Trading Statute is Necessary to Provide Clarity

By Editorial Board |

We have previously recommended that an insider trading statute be promulgated by Congress. We repeat that recommendation in the interest of bringing clarity to an area that is presently obfuscated.

U.S. Constitution

Lawyers Must Be Ready to Fight for the Rule of Law

By Editorial Board |

It remains to be seen whether the rule of law will be upheld as it has been in the past, or whether it will be betrayed from within by its defenders or shrugged away by an indifferent and unappreciative people. Until we see how bench, bar and public meet the coming test, it is too early for self-congratulation about our resilience.

Donald Trump speaks during a press conference in New York.

Libel Standard Will Survive the Trump Administration

By Editorial Board |