Featured Content

THE INDEPENDENCE OF THE JUDICIARY
The Honorable Barry T. Albin

In this speech, given to the Monmouth County Bar Association in November 2013, New Jersey Supreme Court Justice Barry Albin addresses the vital importance of an independent judiciary, and how that independence hangs in the balance if judges and justices are considered for tenure based on the political popularity of their decisions. The speech is downloadable here and will be featured in Volume 66, Issue 2 of Rutgers Law Review.

Commentaries

FINDING ROOM IN THE CRIMINAL LAW FOR THE DESUETUDE PRINCIPLE
Paul J. Larkin, Jr., Esq.

A problem facing the criminal justice system today is the phenomenon known as “overcriminalization,” the neologism given to the overuse and misuse of the criminal law. This commentary argues that courts should rely on “the desuetude principle” to remedy the problem: little-used criminal statutes should be interpreted narrowly to avoid broad, unanticipated applications.

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IN THE WAKE OF THE ZIMMER DECISION, CAN A TORT PLAINTIFF INTRODUCE EVIDENCE OF A SOCIAL SECURITY DISABILITY AWARD AT THE TIME OF TRIAL?
Patrick D. Heller, Esq.

In Villanueva v. Zimmer, the Appellate Division settled an arguably open issue of law in the personal injury context. Specifically, the court analyzed and determined the evidentiary value of personal injury plaintiffs’ Social Security Administration disability awards at the time of the injured party’s trial. The decision provides much needed guidance for plaintiff’s lawyers and the defense bar in addressing Social Security disability awards in personal injury cases.

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Check out Volume 65, Issue 4!
In the issue: Symposium 2013, Exploring Rapidly Expanding Surveillance Technologies and Privacy Law
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The Rise of the Drones: Experts Discuss Legal Implications of UAVs in Civilian Airspace
American Bar Association, October 22, 2013

Unmanned Aircraft or “drones” are increasingly being found in commercial and civilian applications and the recent passage of the FAA Modernization and Reform Act requires that these drones be integrated into our national aerospace system. But such reform is not without controversy and has many concerned over safety and privacy issues that seem to be inherent with their use.

New Jersey Supreme Court Holds that Individuals Have Protected Privacy Interest in the Location of Their Cell Phones

In a case of first impression, the New Jersey Supreme Court held that “Article I, Paragraph 7 of the New Jersey Constitution protects an individual’s privacy interest in the location of his or her cell phone.” State v. Earls, 214 N.J. 564, 588, 70 A.3d 630, 644 (2013). This decision followed a line of New Jersey cases which established that the State Constitution protects the right to privacy in the information disclosed to third-party service providers in a course of indispensable daily activities, such as Internet addresses, banking records, and phone bills. See State v Reid, 194 N.J. 386, 389 (2008); State v. McAllister, 184 N.J. 17, 19 (2005); State v Hunt, 91 N.J. 338, 338-44 (1982).

Court to Rule on Cellphone Privacy
Lyle Denniston, January 17, 2014

The United States Supreme Court agreed on Friday, January 17 to rule on police authority to search the contents of a cellphone they take from an individual they have arrested.

VICTORY! Federal Appeals Court Rules Warrant Required for GPS Tracking
Nathan Freed Wessler, October 22, 2013

Third Circuit:  ‘Law enforcement’s use of GPS tracking devices will now require a warrant when there is probable cause of a crime.’ The Court’s ruling in United States v. Katzin answered the open question left by the U.S. Supreme Court ruling in United States v. Jones that held such track devices amounted to searches under the Fourth Amendment.

 

FORTHCOMING ISSUE

COMING SOON!: Volume 66, Issue 1

SPECIAL SECTION

A New Type of War
The Story of the FAA and NORAD Response to the September 11, 2001 Attacks

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