Month: August 2019

Split NJ Supreme Court Rules Student Records Not Subject to Disclosure Under OPRA

In L.R. v. Camden City Public School District,the Supreme Court of New Jersey addressed the extent to which school districts must provide information to requestors on settlement agreements with parents of special education students under the Open Public Records Act (OPRA) and the New Jersey Public Records Act (NJPRA). The six participating justices

First responders

New Jersey Amends Workers Compensation Laws for First Responders

Gov. Phil Murphy recently signed two bills into law that amend provisions of the state’s workers’ compensation law to benefit first responders, including those who became ill after volunteering at the World Trade Center site in the days after 9/11.   “Any first responder whose career has been cut short because of

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

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