Category: Constitutional Law

Kwon’s Failure to Withdraw Makes History

Judicial nominees who withdraw their names when they know they don’t have the votes for confirmation are never remembered very long. Philip Kwon, on the other hand, has made his mark on New Jersey legal history by either becoming the first or one of very few nominees to the New

When Will Same-Sex Marriage Litigation Reach the Supreme Court?

President Barak Obama made headlines last week when he announced his support for same-sex marriage. The announcement follows his decision earlier this year to stop defending the Defense of Marriage Act (DOMA) in same-sex marriage litigation. While both of these actions help advance efforts to make same-sex marriage legal throughout

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

Gov. Christie Asks Attorney General to Weigh In On Rutgers Merger

New Jersey governor Gov. Chris Christie has indicated that he will seek the legal opinion of the state attorney general and the governor’s counsel in an effort to determine whether he can go through with his planned merger of Rutgers University and Rowan University. As we discussed last week, there

Legal Questions Surround Gov. Christie’s Rutgers University Merger Plan

The proposed merger involving Rutgers University continues to draw criticism. Most recently, opponents of the plan have questioned whether Gov. Christie’s plan will survive legal scrutiny. The controversial plan calls for Rowan University to take over Rutgers’ Camden campus. In addition, Rutgers would absorb three parts of the University of

New Jersey Newspaper Not Liable for Defamation Over “Teaser”

The New Jersey Supreme Court recently decided a defamation lawsuit against a weekly New Jersey newspaper, finding that it was not liable for a false front-page teaser. The central issue in Ronald Durando and Gustave Dotoli v. The Nutley Sun and North Jersey Media Group, Inc. was whether the editor