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The New Jersey Judiciary's Lost Legacy
OKS FORMATTED.DOCX (DO NOT DELETE) 12/12/2011 2:47 PM INDEPENDENCE IN THE INTERIM: THE NEW JERSEY JUDICIARY’S LOST LEGACY Caroline E. Oks∗ I. GOVERNOR CHRISTIE’S DECISION NOT TO REAPPOINT JUSTICE WALLACE ............................................................... 134 II. THE 1947 NEW JERSEY CONSTITUTION ................................ 137 A. The Governor’s Executive Power ...................................... 139 B. The Senate’s Advice and Consent Power ........................... 141 C. The Chief Justice’s Administrative Power and the Temporary Assignment Power ........................................... 141 III. EACH BRANCH ACTED IN ACCORDANCE WITH ITS TEXTUALLY GRANTED POWERS ...................................... 142 A. Governor Christie Acted Within His Authority ................. 142 B. The Senate Acted Within its Authority .............................. 145 C. Chief Justice Rabner Acted Within his Authority. ............. 146 IV. EACH BRANCH ACTED WITH POOR FORESIGHT BECAUSE THE POLITICAL REPERCUSSIONS HAVE DAMAGED AND COULD CONTINUE TO CAUSE GREATER DAMAGE TO THE NEW JERSEY POLITICAL SYSTEM. ............................................................ 150 A. The Current Situation in New Jersey Represents a Classic Case of Separation of Powers with the Three Co-Equal Branches of Government at Odds with Each Other, Thereby Threatening Judicial Independence ........... 150 B. These Actions Threaten Legitimacy and Have Politicized the Court ........................................................... 153 V. THERE ARE A VARIETY -
Entire Report (PDF)
SOVEREIGNTY The Program in Law and Public Affairs Princeton University 416A Robertson Hall Princeton, New Jersey 08544 Phone: 609.258.5626 EQUALITY Fax: 609.258.0922 lapa.princeton.edu FAIRNESS 2012—13 TRIALS CITIZENSHIP DUE PROCESS FOR MORE INFORMATION ABOUT THE PROGRAM IN LAW AND PUBLIC AFFAIRS AT PRINCETON UNIVERSITY VISIT THE LAPA WEBSITE AT HTTP://lapa.princeton.EDU/ he Program in Law and Public Affairs is cosponsored by the Woodrow Wilson School of Public and International Affairs, the University TCenter for Human Values, and Princeton University. Princeton University is an equal opportunity/affirmative action employer. LAPA invites applications for its Fellowships from women and members of under-represented minorities. Information about applying for a LAPA fellowship may be found on the LAPA website at http://lapa.princeton.edu/fellowships.php Nondiscrimination Statement In compliance with Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and other federal, state, and local laws, Princeton University does not discriminate on the basis of age, race, color, sex, sexual orientation, gender identity, religion, national or ethnic origin, disability, or status as a disabled or Vietnam-era veteran in any phase of its employment process, in any phase of its admission or financial aid programs, or other aspects of its educational programs or activities. The vice provost for institutional quality and diversity is the individual designated by the University to coordinate its efforts to comply with Title IX, Section 504 and other equal opportunity and affirmative action regulations and laws. Questions or concerns regarding Title IX, Section 504 or other aspects of Princeton’s equal opportunity or affirmative action programs should be directed to the Office of the Vice Provost for Institutional Equity and Diversity, Princeton University, 321 Nassau Hall, Princeton, NJ 08544 or telephone (609) 258-6110. -
2018 NJSBA Annual Meeting Supreme Court Year in Review
2018 NJSBA Annual Meeting Supreme Court Year in Review 2018 Moderator/Speaker: Hon. Peter F. Bariso Jr., A.J.S.C., Hudson County Speakers: Justice Barry T. Albin Supreme Court of New Jersey Justice Anne M. Patterson Supreme Court of New Jersey Justice Lee A. Solomon Supreme Court of New Jersey Hon. Jeanne Covert, P.J.Cr., Burlington County Hon. Deborah J. Venezia, P.J.F.P., Middlesex County NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5047-14T1 JAIME TAORMINA BISBING, APPROVED FOR PUBLICATION Plaintiff-Respondent, April 6, 2016 v. APPELLATE DIVISION GLENN R. BISBING, III, Defendant-Appellant. __________________________ Argued March 2, 2016 — Decided April 6, 2016 Before Judges Fuentes, Koblitz, and Gilson. On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-324-14. Matheu D. Nunn argued the cause for appellant (Einhorn, Harris, Ascher, Barbarito & Frost, PC, attorneys; Mr. Nunn, of counsel; Mr. Nunn and Bonnie C. Frost, on the brief). Paul H. Townsend argued the cause for respondent (Townsend, Tomaio & Newmark, LLC, attorneys; Mr. Townsend, of counsel; Mr. Townsend, Maria A. Giammona, and Valerie R. Wane, on the brief). The opinion of the court was delivered by KOBLITZ, J.A.D. In this appeal, we examine the effect of a non-relocation agreement on a subsequent request by the primary custodial parent to relocate to a distant state. Defendant Glenn R. Bisbing, III1 appeals from the Family Part's April 24, 2015 and July 14, 2015 orders allowing his former wife, plaintiff Jaime Taormina Bisbing, to relocate with the parties' then eight-year- old twin girls without first holding a plenary hearing. -
BOE Extends Fyffe Contract; Queen Latifah Films Perfect
Happy New Year 2007 Ad Populos, Non Aditus, Pervenimus Published Every Thursday Since September 3, 1890 (908) 232-4407 USPS 680020 Thursday, December 28, 2006 OUR 116th YEAR – ISSUE NO. 52-2006 Periodical – Postage Paid at Westfield, N.J. www.goleader.com [email protected] SIXTY CENTS Greg Ryan, Nordette N. Adams, Mike Smith, Betsey Burgdorf and Horace Corbin for The Westifeld Leader CREATIVE COSTUMING (November 2)…Madelin Jackson, 20 months old, was Mott’s apple juice at this year’s Halloween parade in downtown Westfield. Ciara Rodger, 7, was a box of French fries and won second place in her age category; FREE AT LAST (September 21)...Fred, left, and Michael Chemidlin attend a Fanwood-Scotch Plains Rotary Club luncheon. Michael spoke to Rotarians and guests about his two-month imprisonment in Sierra Leone earlier this year; LET THERE BE LIGHT (September 7)...As seen from above in the office at the Rialto Theatre, workers ready the new traffic light in Westfield at the convergence of East Broad Street, Mountain Avenue and Central Avenue; STAR STRUCK (August 17)...Claudia Romeo, a Wilson Elementary School student, met Queen Latifah while she was in town filming Perfect Christmas; THE POLE STAYS (July 20)…The landmark barber pole of former Jerry’s Barber Shop on Broad Street in Westfield was given a reprieve to stay in the downtown as the Planning board approved the expansion of Jersey Mike’s at that location and the owner agreed to maintain the landmark. BOE Extends Fyffe Contract; Queen Latifah Films Perfect Christmas Downtown; FMBA Reaches 5-Year Contract; Kean Loses Election Bid JULY tract, retroactive to July 1, 2005. -
FROM CANDIDATE to GOVERNOR-ELECT Recommendations for Gubernatorial Transitions
FROM CANDIDATE TO GOVERNOR-ELECT Recommendations for Gubernatorial Transitions JULY 2017 Eagleton Center on the American Governor Eagleton Institute of Politics Summary of Recommendations PRE-TRANSITION: Issues to Address Prior to Election Day 1. Decide on size and structure of the Governor’s Office. 2. Select chief of staff. 3. Decide on all, or at least most, members of the central transition team. 4. Identify cabinet and other positions new governor will fill and start preparation of lists of potential candidates for specific positions. 5. Plan for desired transition-period interaction with the outgoing governor. 6. Develop goals and plans for possible lame duck legislative session. 7. Plan governor-elect’s immediate post-election schedule. 8. Write victory speech (and concession speech). THE TRANSITION: Issues That Must Be Addressed Prior to Inauguration 1. Contact the National Governors Association and party-specific governors association. 2. Consider whether to form subject-area transition committees. 3. Make key appointments. 4. Meet with legislative leaders as a group and individually. 5. Determine priority issues and pending decisions. 6. Determine goals for first 10 days, 100 days and perhaps other calendar markers. 7. Write inauguration speech. 8. Plan inauguration. 9. Decide which, if any, executive orders should be issued, overturned or changed on “Day One” and within first 30 days. 10. Develop framework for first budget message in February. 11. Understand that state “bureaucrats” can be your friends. DON’T MAKE PROMISES YOU MAY REGRET 1. Avoid early commitments to specific ethics reforms.. 2. Avoid early commitments to shrinking the size of the governor’s office. -
Mary Philbrook Annual Public Interest Awards Celebration
28 TH MARY PHILBROOK ANNUAL PUBLIC INTEREST AWARDS CELEBRATION Thursday, October 3, 2013 28 TH ANNUAL CELEBRATION The Women’s Law Caucus The Association for Public Interest Law Rutgers School of Law–Camden and The Camden County Bar Association proudly present the 2013 MARY PHILBROOK PUBLIC INTEREST AWARDS to The Honorable Virginia Long Former Associate Justice, New Jersey Supreme Court And honor Eve Biskind Klothen Former Assistant Dean, Pro Bono and Public Interest Program at Rutgers Law–Camden October 3, 2013 PROGRAM Welcome Kathryn Somerset, Class of 2015 President Women’s Law Caucus Maura Burk, Class of 2014 President Association for Public Interest Law Dean Rayman Solomon Rutgers School of Law–Camden Meredith Olearchik ‘05 Chancellor, Law Alumni Association Gary W. Boguski President Camden County Bar Association Introduction of the Dean Jill Friedman and Marshall-Brennan Fellows and Professor William McLaughlin ‘04 Michael Young Scholars Co-Directors Marshall-Brennan Constitutional Literacy Project Presentation of Jill Friedman Student Awards and Acting Assistant Dean Acknowledgment of Pro Bono and Public Interest Program Past Student Honorees Amy Sobotka, Class of 2015 Chair, Student Public Interest Honoree Selection Committee Introductions of Honoree The Honorable Barry Albin and Presentation of Award Associate Justice New Jersey Supreme Court Lauren Alfaro, Class of 2014 Women’s Law Caucus Philbrook Co-Chair Honoree’s Remarks The Honorable Virginia Long Associate Justice (ret.) New Jersey Supreme Court Introduction to the Louis S. Rulli, ’74 Movement for Civil Right Past Philbrook Honoree to Counsel Practice Professor of Law and Clinical Director University of Pennsylvania Law School Recognition of Wali Rushdan II ‘12 Distinguished Service Past Philbrook Student Honoree Associate, Fox-Rothschild LLP Eve Biskind Klothen Founding Assistant Dean Pro Bono and Public Interest Program 2002-2013 Samantha Gross, Class of 2013 APIL Philbrook Chair Closing Professor Ann E. -
The New Jersey Supreme Court's Statutory Jurisprudence, 2000-2009
YOFFIE (DO NOT DELETE) 5/5/2011 7:35 PM FROM PORITZ TO RABNER: THE NEW JERSEY SUPREME COURT’S STATUTORY JURISPRUDENCE, 2000-2009 Adam G. Yoffie* “[W]e continue to believe that our primary function in statutory interpretation is effectuating the legislature’s intent, but we recognize that that is often a difficult assignment.”1 - The Honorable Virginia A. Long, Associate Justice, Supreme Court of New Jersey (1999-Present) “Do not expect anybody’s theory of statutory interpretation, whether it is your own or somebody else’s, to be an accurate statement of what courts actually do with statutes. The hard truth of the matter is that American courts have no intelligible, generally accepted, and consistently applied theory of statutory interpretation.”2 - Henry M. Hart, Jr. & Albert M. Sacks, Law Professors, Harvard Law School INTRODUCTION ............................................................................... 303 I. STATUTORY INTERPRETATION & THE ROLE OF LEGISLATIVE HISTORY ....................................................... 311 A. Textualism & Modified Textualism ..................................... 312 B. Intentionalism & The Funnel of Abstraction ........................ 315 C. Purposivism .......................................................................... 318 II. EVOLUTION OF “JERSEY JUSTICE:” A * Yale Law School, J.D. expected 2011; Duke University, B.A. 2006. The author would like to thank Brian Barnes, Abbe R. Gluck, Joshua Kipnees, Camilla Tubbs, John B. Wefing, and Robert F. Williams for their helpful comments. The author would especially like to thank William N. Eskridge, Jr. for inspiring and supporting this project and the Seton Hall Legislative Journal members for their editorial insights and expertise. 1 Virginia A. Long, The Purple Thread: Social Justice as a Recurring Theme in the Decisions of the Poritz Court, 59 RUTGERS L. REV. 533, 538 (2007). -
The Human and Fiscal Toll of America's Drug War: One State's Experience
DO NOT DELETE 6/28/2013 6:17 PM THE HUMAN AND FISCAL TOLL OF AMERICA’S DRUG WAR: ONE STATE’S EXPERIENCE Bruce D. Stout & Bennett A. Barlyn INTRODUCTION ............................................................................. 523 I. 1986–87: NEW JERSEY‘S DRUG WAR BATTLE PLAN IS DRAWN . 526 A. The Comprehensive Drug Reform Act of 1987 ............ 526 B. The Statewide Action Plan for Narcotics Enforcement of 1987 .................................................... 531 II. 1987–1998: NEW JERSEY‘S DRUG WAR IS UNLEASHED ........... 533 A. Prison Growth, Collateral Consequences, Racial Disparity and Costs ..................................................... 533 B. The New Jersey State Police and the Emergence of Profiling ....................................................................... 536 C. The Legislature and Courts Embrace the CDRA ........ 538 III. 1998–PRESENT: RECONSIDERATION AND REFORM ................ 541 A. The Turnpike Shooting and Response ......................... 541 B. The Emergence of Drug Courts in New Jersey ............ 546 C. The New Jersey Commission to Review Criminal Sentencing ................................................................... 547 D. Government Efficiency and Reform Sentencing/Corrections Task Force ............................ 552 E. Governor Christie and the Failed Drug War ................ 554 CONCLUSION ................................................................................ 555 Associate Professor, Department of Criminology, The College of New Jersey. Former Executive Director, New Jersey Commission to Review Criminal Sentencing. 522 DO NOT DELETE 6/28/2013 6:17 PM 2013] HUMAN & FISCAL TOLL OF AMERICA’S DRUG WAR 523 INTRODUCTION President Richard M. Nixon, in 1971, said that use of illicit drugs was ―public enemy number one,‖ and declared a war on drugs.1 The declaration of war was made at a time of increasing crime rates, and followed a decade of social upheaval.2 But it presented an opportunity to decide whether drug use should be treated as a public health problem or a criminal justice problem. -
2019 Equal Justice Awards Reception
The Legal Services of New Jersey 2019 Equal Justice Awards Reception Celebrating Those Who Advance Justice and Fairness Under the Law The Grounds for Sculpture Hamilton Township, New Jersey June 3, 2019 The New Jersey Legal Services System A Network of Six Independent Not-For-Profit Corporations STATEWIDE PROGRAM Legal Services of New Jersey Office in Edison Coordinating and supporting the statewide network and providing statewide legal representation and advocacy through more than 15 specialized projects REGIONAL PROGRAMS Central Jersey Legal Services Offices in Mercer, Middlesex, and Union Counties Essex-Newark Legal Services Office in Essex County Legal Services of Northwest Jersey Offices in Hunterdon, Morris, Somerset, Sussex, and Warren Counties Northeast New Jersey Legal Services Offices in Bergen, Hudson, and Passaic Counties South Jersey Legal Services Offices in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem Counties 2 Our Sponsors For This Evening Legal Services of New Jersey is deeply grateful for the generous contributions of the following sponsors. The amounts signified by the various sponsorship levels may be found at www.lsnj.org. EQUAL JUSTICE PARTNERS Kenneth C. Frazier President and CEO, Merck and Co., Inc. EQUAL JUSTICE SUPPORTERS Legal Services of New Jersey Board of Trustees Cynthia M. Jacob, Esq. Michael K. Furey, Esq. Fisher & Phillips LLP Day Pitney Chairperson Ross A. Lewin, Esq. Karol Corbin Walker, Esq. Drinker, Biddle & Reath LLP LeClairRyan First Vice Chairperson Regina C. Little, Esq. National Treasury Employees Union Virginia A. Long, Esq. Fox Rothschild LLP Edwin J. McCreedy, Esq. Second Vice Chairperson McCreedy & Cox Robert C. Holmes, Esq.