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NJ Supreme Court Rules Criminal Sentencing Statute Does Not Violate Separation of Powers

In State v. A.T.C., (A-28-18/081201) (Decided August 8, 2019), the Supreme Court of New Jersey held that the Jessica Lunsford Act (JLA) does not violate the separation of powers doctrine provided that certain conditions are satisfied. Specifically, the State must present a statement of reasons explaining its decision to depart from

New Jersey Supreme Court Rules Probable Cause Required for Domestic Violence Warrants for Weapons

In State v. James Hemenway, (A-19-18/081206) (Decided July 24, 2019), the Supreme Court of New Jersey held that the Domestic Violence Act’s standard for the issuance of search warrant for weapons, particularly in a defendant’s home, could not be “squared with the probable cause requirement of our State and Federal

SCOTUS Declines to Hear School Transgender Bathroom Case

The U.S. Supreme Court has declined to hear Doe v. Boyertown Area School District. The Court’s refusal to grant certiorari means that the Third Circuit’s decision allowing a Pennsylvania school district to adopt a transgender-friendly bathroom policy will remain in place.  Challenge to Transgender Bathroom Policy Prior to the 2016–17 school

SCOTUS Bladensburg Cross Decision Offers Guidance to Local Governments

SCOTUS Bladensburg Cross Decision Offers Guidance to Local Governments

In The American Legion v. American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not run afoul of the First Amendment’s Establishment Clause. While the Court’s plurality decision does not establish a bright-line test, it does provide guidance for local governments faced with questions

New Jersey Supreme Court Questions Use of Mug Shot Database

In State v. Kwesi Green, (A-56/57-17/080562) (Decided June 23, 2019), the Supreme Court of New Jersey raised questions about the use of electronic databases to identify suspects in criminal cases. It will also require new safeguards going forward. “The Court proposes revisions to Rule 3:11 to offer clearer guidance on

NJ Supreme Court to Consider Cannabis in the Workplace

The Supreme Court of New Jersey recently agreed review the Appellate Division’s decision in Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC. The case involves whether the protections afforded by the New Jersey Law Against Discrimination extend to medical cannabis users. Facts of the Case Plaintiff