Marijuana legalization is a controversial topic on both the state and federal level. While there is no shortage of opinions on the topic, there aren’t a lot of facts. Thankfully, that could soon change with the introduction of the Marijuana Data Collection Act. The federal
As New Jersey begins to talk about marijuana legalization, the value of hemp should not be overlooked. Hemp and marijuana are both from the species cannabis. However, because hemp contains nearly no delta-9-tetrahydrocannabinol (THC), it can’t be used as a psychoactive drug. Rather, it has
Last November, during the Presidential election, was the time to express concern for the ideological makeup of the United States Supreme Court for this generation Not now. It is too late. When America voted for Donald Trump as President, they may or may not have
Illinois is the latest state to ratify the Equal Rights Amendment. While this is certainly notable progress, it may not help the amendment become part of the U.S. Constitution. The Equal Rights Amendment, which was first presented to the states for ratification in 1972, contained
While many of the country’s founding fathers practiced law, until the 20th Century, a law degree was not required to do so. Neither Alexander Hamilton or Franklin Delano Roosevelt had university law degree. Alexander Hamilton will finally get one — Albany Law School plans to
There is never an excuse for bad grammar, but does it warrant a $5 Million Dollar legal settlement? A Maine dairy company recently agreed to settle an overtime lawsuit for $5 million, and the lack of an Oxford comma was at the heart of the
The U.S. Supreme Court returned to full strength in 2017 with the nomination of Justice Neil Gorsuch. He was sworn in on April 10, 2017, despite a Democratic filibuster. As expected, Justice Gorsuch has voted very conservatively since joining the bench. The Trump Administration has
Richard Posner might well be one of the most important legal minds of our time even though his Theories of judicial interpretation have not been embrassed as widely as other theories like originalism. Jude Posner is a member of the United States Court of Appeals
The U.S. Supreme Court always save the best for last, and this term is no exception. While the vacancy on the Court dominated the headlines, the justices still considered several important cases. Issues still left to be decided in the coming weeks include the extraterritorial
In States like New Jersey where cars are a necessity rather than a luxury, one would not think a gas tax is a fair source for state revenue. When the NJ State Legislature decided otherwise and voted for a 23-cent per gallon gas tax, electric
The placement of legal citations is one of the most controversial legal writing topics. On one side of the debate, traditionalists maintain that case citations should remain in the text. On the other side, a growing number of lawyers and judges think citations should be
The U.S. Constitution has taken center stage in several recent political battles and high-profile lawsuits, highlighting that it has become a symbol as well as the document upon which our Democratic Republic is based. For many Americans, the Constitution has deep personal meaning as well.
Even after the November election Sen. Ted Cruz vowed to continue to block the appointment of a replacement Supreme Court justice. The Republican senator maintains that the country’s highest court does not need nine members to operate and may even be better off with fewer
Donald Trump has the Electoral College to thank for his presidency. As we learned again this year, the candidate who receives the most popular votes does not necessarily become president. To become president, a candidate must receive 270 or more Electoral College votes. Under the
Tom Hayden, best known for his ardent social activism, recently passed away at the age of 76. Hayden, who helped found Students for a Democratic Society (SDS), spent his life advocating against war and injustice. The Nation magazine named Hayden one of the 50 greatest
Those who are about to begin their first year of law school have no idea what to expect. They have heard from those who have been through it before that it is a lot of work and that it can be terrifying. While there is
The New Jersey Supreme Court recently adopted admission to the Bar by motion. The state now joins 40 other states and Washington, D.C., in permitting out of state lawyers to practice without passing the New Jersey state bar exam. Although admission by motion is accepted
Kanye West is no stranger to hyperbole, but his latest antics could lead to significant legal liability. In February, West tweeted: “My album will never never never be on Apple. And it will never be for sale… You can only get it on Tidal.”Is Kayne
“The Bill of Rights: The Fight to Secure America’s Liberties” by Carol Berkin, Simon & Schuster, 2015 If you read only one book about the first ten amendments to the U.S. Constitution, known collectively as the Bill of Rights, read Carol Berkin’s The Bill of
Book Review: “The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty” by Timothy Sandefur; Cato Institute (2014) Every now and then a person comes across a book, an idea or an event that so fundamentally affects them that they are
The U.S. Supreme Court recently entered its eleventh term with Chief Justice John Roberts at the helm at the Court’s seventeenth Chief Justice. During Robert’s tenure, the Court has been at the center of important and often controversial legal battles, from same sex marriage
Cameras aren’t allowed in the U.S. Supreme Court, which makes the work of court sketch artist Arthur Lien all the more valuable. His renderings of the justices, the lawyers, and the parties are often the only visual depictions of the high-profile proceedings that the American
John Marshall: The Chief Justice Who Saved the Nation, by Harlow Giles Unger; DaCapo Press (2014) John Marshall: Definer of a Nation, By Jean Edward Smith; Henry Holt & Co (1996) John Marshall, who served as Chief Justice of the Supreme Court of the United
“Making Sense of the Constitution: A Primer on the Supreme Court and its Struggle to Apply Our Fundamental Law,” Southern Illinois University Press, 2012 There are dozens of books written for the general public that summarize the things people need to know about the United
Liberty’s First Crisis, by Charles Slack, Atlantic Monthly Press, 2015 “The greatest enemy of liberty is fear…When [people] feel threatened, their tolerance shrinks.” Liberty and freedom in America have been threatened many times since the United States Constitution was drafted in 1787. People around the
Social Media Hashtags are becoming so popular that they have gained legal recognition as intellectual property. As their value to businesses grows, they are also becoming the subject of lawsuits involving trademark infringement and false advertising. Hashtags started on Twitter as a way to link
A verified statistic shows that lawyers suffer from depression at triple the rate of non-lawyers. Recently, research has also proven that the rigors of law school can be harmful to the health of students. In a recent law review article, entitled “Killing Them Softly: Neuroscience
The Harvard Law School Library won the Webby Award for the best legal website of 2015 by developing Perma.cc Perma.cc addresses a significant yet largely unknown issue in the legal industry known as “link rot.” The term refers to the condition of Internet links no
Law school enrollment dropped again, according to the latest statistics from the American Bar Association (ABA). In total, first-year enrolled has plummeted nearly 30 percent from its peak in 2010. According to the new ABA data, almost two-thirds of ABA accredited law schools experienced declines
George Orwell’s 1984 depicted a spy society as a parody of communism gone global. Edward Snowden revealed the reality of George Orwell’s spy society in the most unlikely and unpredictable place– 21st Century America. The extent of the federal government’s spy network data surveillance activities
U.S. Supreme Court Justice John Roberts is America’s top jurist, legal big dog, Number 1 custodian of the United States Constitution. Yet, earlier in April, he was simply known as American Citizen “Number 49.” Along with 50 other citizens of Montgomery County, Maryland, the Chief
Visitors to the National Constitution Center in Philadelphia now have the opportunity to view three key pieces of American History all in one place. The National Constitution Center recently opened a new exhibit that includes one of the twelve surviving copies of the Bill of
LinkedIn™ is the world’s largest business social network and it continues to grow. Research shows that forty percent of LinkedIn™ users check their accounts daily, which makes it an important part of every lawyer’s marketing strategy. Here are a few tips: Keep your profile current. It is
Those big books that list just about every major law firm in every state could be found in every law firm’s library. Martindale-Hubbell charged big money to buy them and even bigger money for law firms listed in them. Like everything else today, the only
Good writing is not enough to make a good lawyer. Law practice is a challenging business with thin profit and law students remain unprepared for it when they graduate. Some law schools are beginning to incorporate more business-oriented classes and seminars into their curriculum. As
While the educational requirements of law school are certainly rigorous, practical skills training is lacking, according to many critics of the current model. In the United States, attorneys can practice after just three years of law school. By comparison, a surgeon must complete four years
New Year’s Eve might be especially noisy in New Jersey this year after a New Jersey court recently ruled that a Boonton teen can bang on his drums all he wants, much to the frustration of his neighbors. A Superior Court judge ruled that the
What do the U.S. Supreme Court and the National Football League have in common? Surprisingly enough, both have generated “fantasy leagues” in which participants try to successfully pick the winners and losers. The work of the country’s highest court is serious business. After all, the
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As the legal market grows more competitive, many law firms are marketing more aggressively and creatively. In an effort to stand out from the pack, a Kentucky law firm that specializes in personal injury recently retained rapper Master P to promote its services. If you
Maybe it won’t be as big as the Beatles, but the Magna Carta is on its first U.S. Tour in 800 years. It’s the Beatles for government and history nerds! The original document was executed on a field in Runnymede in 1215. An assembly of
While the costs of legal education continue to increase as employment prospects decrease, you could argue that a law degree does not have the same value it had in the past. Maybe it doesn’t, but a recent study out of New Jersey has found that
People who read a lot of written judicial opinions often rejoice when they come across one that is actually well written. So many of them are dry and confusing with overdone precision. However, some judges can go too far to keep their writing fresh and
Pulitzer Prize winning journalist Jim Dwyer’s latest book, False Conviction, provides a disturbing yet necessary look at the flaws of the U.S. criminal justice system. His book is a technological as well as a journalistic masterpiece and is only available as an iBook. False Conviction
During the course of their tenures on the U.S. Supreme Court, Justices Antonin Scalia and Justice Ruth Bader Ginsburg have engaged in many heated debates. But do they make good theater? Budding lawyer and musician Derrick Wang thinks so. He recently composed an opera entitled
The legal profession doesn’t enjoy the same cachet it once held. The number of students enrolling in law school dropped 11 percent in 2013 and is down 24 percent from 2010 figures, according to the American Bar Association (ABA). This number is pretty shocking and
The legend of a Vermont town being home to America’s first patent is no more. For decades, Pittsford, Vermont celebrated being the hometown of inventor Samuel Hopkins. On July 31, 1790, Hopkins received the first U.S. patent for an improvement in “the making of Pot
Spilling a hot drink from Dunkin Donuts made a New Jersey resident a millionaire. New Jersey resident Jennifer Fragoso’s lawsuit comes 20 years after McDonald’s Restaurants was sued by a New Mexico woman who suffered third-degree burns after spilling a hot coffee in her lap.
The much-hyped Google Glass may be banned before the general public ever gets to try them on. The revolutionary device is essentially a mobile computer with a head-mounted display. It functions much like a smart phone without having to use your hands; it can take
While the Super Bowl may be over, talk about the advertisements is not. For the general viewer, favorites likely included Budweiser’s “Puppy Love” and Doritos’ “Cowboy Kid.” In the legal community, viewers were buzzing about the Super Bowl commercial produced by a personal injury lawyer
New York City does not show the love when it feels its “I ♥ NY” trademark is threatened, even if the potential offender has gone so far as to emblazon a similar phrase on his knuckles. Sam Penix , the co-owner of Everyman’s Espresso, a
While lawyers have begun warming to social media, courts are still hesitant to embrace the new technology. Half of the country’s court system currently do not use any form of social media, according to a recent report. The results are not surprising giving that social
While the list of judges who blog is relatively short, those who do are making headlines. Senior U.S. District Judge Richard Kopf made his blog must read material when he recently commented on the irrelevancy of the Supreme Court. His blog, Hercules and the Umpire,
The U.S. Supreme Court has determined that a corporation is a “person” for the purposes of the First Amendment. But what are our closest relatives in the animal world, chimps, entitled to? In a novel lawsuit, an animal rights group has asked a New York
Would “a rose by any name smell as sweet” if it was a lawyers name? Could a name help you when Climbing the Corporate Ladder? Kim Kardashian and Kanye West are the latest to celebrity parents to raise eyebrows for their child’s unusual moniker. The
While Facebook offers many new ways to communicate, it has its limitations. For instance, it cannot be used to serve legal papers. After rap superstar Flo Rida failed to appear for a performance at the 2011 Fat As Butter music festival in Newcastle, Australia, concert
Many business professionals are entering law school, not to become practicing lawyers but to understand the myriad of legal issues they encounter on a daily basis. The master’s degree programs are generally 24 credits and are geared exclusively towards non-lawyers. The programs are gaining in
A New York state Appeals court recently ruled that a $2,000 fine levied against an artist who uses “found objects” in his art was unconstitutional. The decision is being heralded as a victory for the “little guy” and basic common sense. Albert Prince removed discarded
Marcia Coyle’s new book, The Roberts Court: The Struggle for the Constitution, offers a unique look into the landmark decisions that have shaped the U.S. Supreme Court during the eight-year tenure of Chief Justice John Roberts. From controversial rulings on the healthcare law to campaign
Some of the cases attorneys take never cease to amaze me. The fact that they win some of the more outlandish ones amazes me even more. Anyone who has taken the “Small World” ride at Disneyland knows that it sometimes takes days to get the
The New Hampshire Robin Hooders have proven that parking tickets have more to do with justifying jobs than protecting the public. The residents of Keene, New Hampshire fought back by creating a band of merry men and women modeled after Robin Hood in Sherwood Forest
In a recent poll reflecting how the public views the ethical standards of various professions, lawyers ranked in the 19th percentile. Lawyers came in slightly below business executives in the 21st percentile and well below medical doctors, which rank in the 70th percentile. Unfortunately, it
Three people were in a lifeboat after their ship sank. They were surrounded by sharks. One courageous person took charge of the situation, dove into the water and swam ashore. To the surprise of the survivors on the life boat, the sharks allowed the person
The U.S. Supreme Court may likely decide the legality of the long-standing practice of recess appointments. The U.S. Court of Appeals for the District of Columbia Circuit recently made headlines when it invalidated President Obama’s nominations to the National Labor Review Board. Under the U.S.
The U.S. Supreme Court will take up two same-sex marriage cases next month. While the oral arguments are expected to garner wide media attention, there will no television cameras inside the Supreme Court courtroom. Although cameras are now allowed in courtrooms across the country, the
When is the last time you got in your car to drive to a video store to rent a movie? Only a few short years ago, venturing to Blockbuster on a Friday or Saturday night would have taken at least an hour to battle the
In addition to losing a tough battle on the football field, the Fighting Irish did not fare very well in the courtroom either. The University of Notre Dame, a Catholic University, recently attempted to challenge part of the new federal healthcare reform on religious grounds.
Companies like Google receive hundreds of requests per week from co and government agencies seeking access to private user account information. Although Google complies with valid subpoenas, court orders, and warrants, the company has also expressed concern about overly broad requests and the need for
The traditional law school model is arguably in dire need of a makeover. But the legal community can’t seem to agree what a modern legal education should look like. Most recently, a proposal to allow law school students to eliminate their third year and sit
U.S. Supreme Court Justice Clarence Thomas recently made headlines when he spoke during oral arguments. While this may not seem like news, it was the first time that the justice had spoken from the bench in nearly seven years. Even though the four words he
Arcane New Jersey laws that are still on the books often make for fun trivia or fodder for legal blogs. However, a recent California case reminds us that some of these laws can have real, and often unintended, consequences. Julio Morales was charged with rape
For seasoned lawyers who have been practicing for years, social media isn’t necessarily second nature. In fact, some don’t know the difference between tagging and tweeting. However, Pew Research estimates that 65 percent of adults log into social media every day. Therefore, like it or
If you have ever had your credit card compromised, you understand the havoc that identity theft can create. Now imagine if that happened to your business. Given the harm it can do to your reputation and bottom line, business identity theft should be on the
This week’s Dewey & Leboeuf bankruptcy is more evidence that the law business has changed radically since 2008. Law firms that insist on doing business as usual and continue to raise their rates each year will continue to see declining profits as clients seek out
Dewey & LeBoeuf’s seemingly rapid free fall has caught the attention of business analysts and bankers as much as the legal community. As a result, the legal industry today is undergoing the same scrutiny as the financial services industry did in 2008. While criminal allegations,
President Barack Obama grabbed the headlines last week in his support of same-sex marriage. The political pundits dominated the evening news with talk about the national political ramifications, and politicians defined each other’s position on the subject. However, few news accounts or talking heads considered
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 history by either becoming the first or one of very few
Security breaches can often lead to costly business lawsuits and other legal headaches, just ask Sony Corp. The company suffered two serious data breaches last summer and is still dealing with the legal and public relations fallout. Sony’s security breach was ultimately the second-largest online data breach
One would think a casino operator and a church would be unlikely to agree on much, but in an opinion only a lawyer could love, they did indeed find common ground. It all arises out of a recent New Jersey Tax Court decision, which held that the