Editorials

Marital Status Shouldn't Control College Contribution Dispute

By Law Journal Editorial Board |

Where there is a normal parent-child relationship, the children of married, separated or divorced parents should be treated the same and the marital status of the parents should not control.

Wrath of God Aside, Witness Oath Remains Important

By Law Journal Editorial Board |

One hopes that witnesses usually present the truth, albeit colored by a point of view, with probably little thought of either a deity or prosecution for perjury. But the oath does add solemnity to the proceedings and emphasizes the importance of truthful testimony as a foundation of the judicial process.

The Capitol Building in Washington, D.C.

Syria Attack Needs Authorization

By Law Journal Editorial Board |

Any sensible war is a continuation of politics by other means, and Congress is the body responsible to decide whether there is a policy behind this one, what it is, and whether it makes any sense beyond a generalized emotion that something must be done.

American Bar Association

Don't Shut Out ABA Review

By Law Journal Editorial Board |

The Trump administration has shut the ABA out of its process of evaluating federal judicial nominees. We can only regret this action.

Supreme Court Appropriately Accepted Notice by Email

By Law Journal Editorial Board |

We applaud the New Jersey Supreme Court for recognizing the realities of the practice of law in today's world and updating the methods of giving notice of disapproval of a real estate contract.

'Concealed Carry Reciprocity' Would be Bad for New Jersey

By Law Journal Editorial Board |

A proposed federal law would likely result in an influx of people from other states who may legally carry a concealed handgun in their states, and who would now be entitled to carry it here. That would not be good for New Jersey, and we urge our congressional delegation to speak out strongly against this unwise proposed federal law.

Hughes Justice Complex, Trenton, New Jersey.

Guidance on DWI License Suspension Stays Was Needed

By Law Journal Editorial Board |

The Supreme Court was in essence asked to render an advisory opinion and decided to address a moot issue in order to give guidance on a subject of "significant public importance," which our appellate courts, the parties and the amicus thought was important to provide.

U.S. Court of Appeals for the Fifth Circuit.

Externs Can Make a Difference

By Law Journal Editorial Board |

It is heartwarming to learn that one externship may well have affected a Supreme Court decision—and was given a shout-out, of sorts, at the oral argument of that case.

It's 'Equality,' Not 'Tolerance'

By Law Journal Editorial Board |

The United States doesn't practice religious toleration. It places all religions on a level of legal and moral equality, and guarantees freedom and protection to all law-abiding believers.

President Donald Trump

Attorneys Must Act Now for LSC

By Law Journal Editorial Board |

This board strongly supports full funding of Legal Services Corp. In our view, the Trump defunding request is cruel and wrong. It should be rejected.

In Arbitration, Follow the Rules You Impose

By Law Journal Editorial Board |

The Supreme Court has said, don't mess with the arbitration system you insisted upon in your contracts. If you do, then the consumer will have a pass to litigate in court.

New York City Mayor Bill de Blasio

'No Charges' Needn't be So Rare

By Law Journal Editorial Board |

We believe prosecutors should be willing to make known the fact that an investigation has come to a close.

President Donald J. Trump delivers his presidential inaugural address during the 58th Presidential Inauguration at the U.S. Capitol Building, Washington, D.C., Jan. 20, 2017.

Tax Return Bill is Misguided

By Law Journal Editorial Board |

While we might individually agree that it is good practice for presidential candidates to be transparent about their financial affairs, the sole incentive to coerce a candidate to abide by that practice must remain the risk of angering the voters by noncompliance.

New Jersey Supreme Court Justice Walter F. Timpone.

Teacher Misconduct Case Properly Remanded

By Law Journal Editorial Board |

In Bound Brook Board of Education, v. Glenn Ciripompa, the Supreme Court, in an opinion by Justice Timpone, reversed the Appellate Division—which had reversed the trial court, which had reversed the arbitrator. We agree.

01/17/2017- NJ Supreme Court-

Court's Mind Made Up on the Statute of Limitations—For Now

By Law Journal Editorial Board |

Over the past half-century, the issue of which state's statute of limitation should be applied in a multi-state tort action has repeatedly been changed by our Supreme Court. What the court has now done is restore, in a large measure, the original test.

Racial Bias Serious Enough to 'Crack' Jury Room Door

By Law Journal Editorial Board |

The U.S. Supreme Court's holding in Pena-Rodriguez v. Colorado unlocks the jury room door only a well-circumscribed crack—a crack justified by the unique place that our jury system plays in our democracy, and the pernicious history of racial bias that we are still struggling to overcome.

Fake Dictionary, Dictionary definition of the word Evidence.

Defense Bar: Heed 'Mauti' Ruling

By Law Journal Editorial Board |

A recent Appellate Division ruling does not undercut plea-bargaining, but defense counsel must be careful about what they say and the context in which it is said.

Internet Evidence Has Limits

By Law Journal Editorial Board |

A recent Tax Court decision holds that professional standards require an appraiser to "verify information with a party to the transaction to ensure its accuracy and gain insight into the motivation behind each transaction." We agree, and we think that the principle has broader application when the internet has allowed anyone to be his or her own publisher.

Clarify Frivolous Litigation Rule's Applicability to Appeals

By Law Journal Editorial Board |

The Supreme Court has not explicitly made the frivolous litigation rule applicable to appeals that would be considered frivolous under the same criteria. We ask the Civil Practice Committee to recommend this beneficial and overdue procedural clarification to the court.

Preserve the Johnson Amendment

By Law Journal Editorial Board |

Clergy can say whatever they want about political candidates, but taxpayers shouldn't be forced to subsidize this speech by providing tax exemptions.

Open-ended Questions Ensure Open-minded Jury Panel

By Law Journal Editorial Board |

The open-ended question mandate has too often been ignored by trial courts.

New Jersey State Police.

Court Tiptoed Past Waiver Issue in State Trooper's Disability Case

By Editorial Board |

Although the Supreme Court made an end run around its own decision to achieve justice, we think it should have exercised its authority over the common law and expressly recognized that litigation conduct may constitute a waiver of immunity and that the conduct in this case constituted such a waiver.

Supreme Court nominee Judge Neil Gorsuch meets with Senator Heidi Heitkamp (D-ND) at the Hart Senate Office Building on Wednesday, February 8, 2017.

Give Gorsuch a Fair Hearing

By Editorial Board |

Without in any way excusing or condoning the prior obstruction of Senate Republicans, we believe Judge Neil Gorsuch is entitled to a full and fair Senate hearing as early as practicable.

Left to right, immigration lawyer Junaid Sulahry stands in the international arrivals hall of San Francisco International Airport with fellow attorney volunteers Julie Hiatt and Marianna, who declined to give her last name.

In Honor of Intervening Lawyers

By Editorial Board |

The intervention of lawyers and others brought the glare of the legal process to the immediate flaws of the executive action.

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.