Author: Donald Scarinci

Just How Far Away Must a Strip Club Be? New Jersey’s “Buffer Zone” Law Challenged

Whether Hott 22, a strip club in Union Township since 1995, can remain open depends how it measures up—with a tape measure.  A federal court in this New Jersey lawsuit will now decide how to measure the “buffer zone”—with a tape measure held from point A to point B as

Bullying Can Lead to Costly Liability for New Jersey Schools

New Jersey has some of the strictest anti-bullying laws in the country. They require the state’s public school systems to take specific steps to prevent and address bullying at school. As highlighted by a recent New Jersey school lawsuit, failures to comply with the law can lead to significant liability.

U.S. Supreme Court Grants Immunity to Part-Time Municipal Attorney

The U.S. Supreme Court recently expanded immunity from suit to private attorneys and other individuals hired by the government to carry out its work. The case, Filarsky v. Delia, will have a wide impact on cities and towns across New Jersey, particularly smaller communities that hire private New Jersey attorneys

Is Your Town Ready to Comply With NJ’s New Environmental Remediation Rules?

Sweeping changes to the way contaminated sites are remediated in New Jersey are taking place this spring. To comply with the Site Remediation Reform Act (SRRA), municipalities and government entities must hire New Jersey Licensed Site Remediation Professionals (LSRPs) for remediation work.   The deadlines imposed by the New Jersey Department

Should New Jersey Municipalities Avoid Adopting Model Ordinances?

Think tanks, lobbyists and special interests that draft model ordinances legislation have made news recently because of N.J. Governor Chris Christies repeated denials that he may have used one of them for some of the initiatives he touts as his own.  This has some state and local elected officials questioning

Does New Jersey’s Proposed Internet Gambling Law Sidestep Constitutional Challenges?

Legislation to legalize Internet gambling in New Jersey is moving forward. On March 5, the Senate State Government, Wagering, Tourism & Historic Preservation Committee voted 3-0 in favor of the bill. Unlike the prior version of the bill introduced last year, the current legislation is designed to sidestep the need

New Jersey Judges at Center of Constitutional Fight

The NJ Supreme Court recently considered whether New Jersey judges could be forced to contribute more money towards their pension and health care coverage. The case invokes New Jersey constitutional law because the state’s constitution contains a previously untested and relatively unknown provision that prevents judges’ salaries from being decreased

Is It Unconstitutional For New Jersey Schools to Punish Students for Off-Campus Activities?

There are several lawsuits pending across the state of New Jersey that seek to invalidate overreaching school conduct policies on off-campus activities. The policies have drawn criticism from parents and students because they seek to impose disciplinary sanctions for illicit activities, including drug and alcohol use, that occur off school