Martha Swartz

In Burwell v. Hobby Lobby Stores, Inc., the United States Supreme Court Affirmed that a for-profit corporation owned by people with strong religious beliefs can impose its religious beliefs on its employees, ignoring both the employees’ own religious beliefs, and their important health interests. The decision allows closely held corporations to deprive their employees of employer-financed insurance coverage for contraception. There was no scientific basis for the corporations’ conclusion that certain types of contraception (the Intrauterine Device, or “IUD,” for example) caused abortions, which would conflict with their religious beliefs, but that fact did not matter to the Court since, by tradition, the Court does not inquire into the basis of a person’s religious beliefs, and, notably, the corporations were treated like persons.

Download PDF

Volume 67 | Summer 2015 | Issue 4


Respecting Parents’ Fundamental Rights in the Adoption Process: Choosing Parents for their Children

By: Teri Dobbins Baxter

This Article discusses the fundamental rights of parents under the United States Constitution as recognized by the United States Supreme Court and lower federal and state courts, and addresses how state and federal laws either vindicate or violate those rights in the context of voluntary adoption placements. VIEW PDF

The Credibility-Based Evaluative Purpose: Why Rule 703 Disclosures Don’t Offend the Confrontation Clause

By: Alexander J. Toney
This article’s purpose is to vindicate that theory, called the Basis Evidence Rationale. This defense of the Basis Evidence Rationale seems necessary in light of the confusion Williams has sown. Because five Justices explicitly rejected both of the plurality’s rationales, lower courts have experienced difficulty in determining the case’s holding. Likewise, history indicates that the Supreme Court will probably revisit the issue, in an attempt to resolve the differences between the lower courts. This article re-examines the Basis Evidence Rationale, then, with a view to future adoption.  VIEW PDF

Veil-Piercing’s Procedure

By: Sam F. Halabi

This Article is the first to survey civil procedure and evidentiary rules that affect existing veil-piercing studies including pleading standards, threshold presumptions, burdens of proof, jury access and waiver. The Article ultimately argues that phenomena scholars now ascribe to the “incoherence” of veil-piercing law are explicable in the context of veil-piercing’s procedural fluidity. VIEW PDF


Who Can Enforce? The Murky World of Robo-signed Mortgages

By: Matthew J. Petrozziello
This Note will address how robo-signing may impact the enforceability of outstanding mortgage loans. Furthermore, this Note will examine the shortcomings of prior attempts to clarify what robo‑signing means for outstanding mortgage loans and the policy issues inherent in finding a satisfactory solution. The aim of this Note is to suggest a practical, long-term solution that will benefit all stakeholders. VIEW PDF

Bringing Down the House: An Examination of the Law and Policy Underpinning the Professional and Amateur Sports Protection Act of 1992

By: James C.W. Goodall
While the Supreme Court has declined the opportunity to decide the legality of PASPA, from a policy perspective, hindsight and contemporary circumstances indicate that PASPA has failed to achieve the legislative objectives that inspired its enactment. PASPA has become an impractical barrier to raising revenue that the United States can no longer afford and, accordingly, should be repealed so that states may replace its punitive prohibitions with legislation that better serves their individual needs and interests. VIEW PDF


The New Jersey Women Lawyers Association recognized two Law Review members at its 8th Annual Women’s Initiative and Leaders in the Law Platinum Gala. The Honorable Barbara Byrd Wecker ’74 received the Platinum Award and Sabrina Baig ’17 received a grant for her essay, A Near Zero Tolerance Policy.

Congratulations to Staff Editor Christine Braswell ’17 for receiving a scholarship from Cohen, Placitella & Roth, P.C. The scholarship is granted based on the student’s academic, vocational, and volunteer background.

American Bar Association Approves Merger Creating Rutgers Law School.

United States District Court for the District of Massachusetts cites four articles from Volume 67, Issue 3, in the 1st drug-patent-settlement ruling since its June publication.

Congratulations to Dean Ronald K. Chen ’83 for receiving the Parker A. Small Public Service Award.


Volume 67, Issue 5

Follow Us!