Commentaries Archive

Summer 2019

Suicide Encouragement: A Homicide Offense Based on the Doctrine of Undue Influence

Anthony G. LoBrace

This Comment will address suicide encouragement as a distinct homicide offense and propose a doctrinal framework for establishing causation based on the doctrine of undue influence in inheritance law. It also argues that causing suicide statutes, which proscribe causing another’s suicide through force, duress, deception, or coercion, are best fitted for prosecuting suicide encouragement cases like Carter.

On War and Drugs: Prosecuting High Level Fentanyl Traffickers Under Federal and State Chemical Weapons Statutes

Sean Campbell

The United States is currently facing a public health emergency: the opioid epidemic. Synthetic opioids—primarily illicitly manufactured fentanyl (“IMF”) and its analogues—were involved in nearly 30,000 drug overdose deaths in 2017. Fentanyl and its analogues are so potent that, in addition to causing widespread death among direct users, these substances have injured law enforcement and first responders in the line of duty and have previously been deployed in settings that have yielded mass casualties in the context of chemical warfare. Given these details, this commentary presents a theory for how traffickers of IMF and its analogues could be prosecuted not only under the Controlled Substances Act—the federal law typically applied to such circumstances—but also under state and federal laws regulating chemical weapons.

Spring 2019

Reforming the Already Reformed

Ariel K. Zunger

One of the most important and complex issues facing the criminal justice system is the decision of whether or not to allow a defendant to be released via pretrial bail. On one hand, the defendants deemed dangerous and those with a higher risk of not appearing in court have more reason to be detained pretrial while low level criminals with minor offenses may not necessarily need to be detained. Ultimately, society is harmed and the criminal justice system is hindered when defendants are incorrectly released pretrial. Alternatively, when there are defendants detained when no risk is present, there are not only serious moral and public policy implications, but also constitutional ones. This is why a court’s ability to correctly and accurately make decisions to release or detain defendants is not only important, but vital.

Disclosing Under the Influencer: How the FTC Fails to Guide Advertisers and Protect Consumers in Social Media “Influencer” Marketing

Craig Gunter

“The regulatory scheme envisioned in the [Federal Trade Commission] Act for the slower-paced antitrust problem was not ideally suited for the faster moving advertising field, in which speed in enforcement might become of the essence.” – Ira M. Millstein.

The argument adopted by Millstein—that the Federal Trade Commission is ill-suited to assume a regulatory role in the fast-developing advertising field—deserves particular focus in today’s social media-driven world.  As the role of advertisers adapts to a world of rapid technological growth, Federal Trade Commission regulations regarding advertisements fail to keep up.

Data Scraping and the Computer Fraud and Abuse Act: An Analysis of When Unwanted Digital Access Should Implicate an “Anti-Hacking” Statute

Brent W. McDonough

In 2017, hackers obtained the names, birth dates, Social Security numbers, and addresses of 143 million Americans during the Equifax data breach. In 2013, every Yahoo account was hacked. As more personal data is stored on Internet-connected devices, more personal data will be accessed in harmful, unexpected and unwanted ways. While enhancing cybersecurity measures is an important step towards protection, total digital security will never be possible, so there must be sufficient legal remedies in place as well.

2018

A Right to Die in Prison: Proposed Procedural Safeguards Under The End of Life Option Act For Terminally Ill Inmates in California
Nicole Espin

The Supreme Court Delivers an Epic Blow to Employees Seeking Strength in Numbers: The Consequences of Compelling Workers to Waive Their Right to Class Action Suits in Favor of Individual Arbitration
John Scull

2017

Bringing Dark Money to Light: Political Nonprofit Disclosure Statutes in Delaware and New Jersey
Rachel Moseson

A Counterproductive Constraint: How the Volcker Rule Undermines its Purpose by Discouraging Hedging
Renée Dudek

Corporate Inversions and Earnings Stripping: Legal Loopholes that are Inconsistent with the Goals of Corporate Law
Andrew G. Malik 

Interrogatory Practice Under the Federal Rules of Civil Procedure: What is the Basis for the Speculative and Argumentative Objections?
Corey LaBrutto and Jason Kanterman

Reviewing the Port Authority of New York & New Jersey’s Whistleblower Protection Plan: Added Protections for Whistleblowers
Sean Fulton and Jason S. Kanterman

2016

NEW JERSEY INSURANCE PRODUCER LIABILITY: ATTEMPTING TO DEFINE THE “SPECIAL RELATIONSHIP” THEORY OF LIABILITY
Jason S. Kanterman

WHERE ARE THE 2007–08 FINANCIAL CRISIS PROSECUTIONS? A RESPONSE TO JUDGE RAKOFF
Joshua J. Smith

THEIR BLOOD, THEIR SWEAT, WHOSE PROBLEM?: INSURANCE COVERAGE IMPLICATIONS OF THE NFL CONCUSSION LITIGATION
Melissa Farber

DOES THE DRAFT RESTATEMENT OF THE LAW OF LIABILITY INSURANCE WRONGLY ELEVATE PROOF AND OVERVALUE LEGAL UNCERTAINTY? YES, GIVEN THE FORESEEABLE RISK INSURERS MAY MORE OFTEN DECLINE THE DUTY TO DEFEND AS A RESULT
Joseph Lavitt

A PLEA FOR CONSTITUTIONAL BALANCE
Stephen M. Feldman

AN APPRECIATION OF PRACTITIONER KIM MARRKAND’S THOUGHTFUL ARTICLE, AND A GENTLE FORENSIC SUGGESTION TO PROFESSOR ABRAHAM, HAY, MARTINEZ, AND THOMAS REGARDING THE RLLI’S SECTION 24 AND A LIABILITY INSURER’S EXPOSURE TO EXTRACONTRACTUAL, BAD FAITH LIABILITY
Dennis J. Wall

2014

RELIGIOUS EXEMPTIONS FROM HEALTH CARE LAWS: HAVE WE GONE OVERBOARD?
Martha Swartz 

N.J. ELEC ALLOWS CHRISTIE CAMPAIGN TO FUND SUBPOENA RESPONSE, PROMPTING UNCERTAINTY AND STRUCTURAL QUESTIONS
Kevin R. Miller

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

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.

2013

BOUMEDIENE’S WAKE
Andrew Tutt

THE STREETCAR DILEMMA: PREVENTING INCURABLE HARM THROUGH TIMELY ENFORCEMENT OF THE ANTITRUST LAWS
Brian N. Biglin

2012

GUILTY UNTIL PROVEN INNOCENT: EVIDENCE TAMPERING, DRUG AND CRIME LAB MISCONDUCT AND LAW ENFORCEMENT ETHICS
Alicia M. Hilton

THE RELATIVE RELEVANCE OF LARSON: AWAD V. ZIRIAX AND THE LARSON APPROACH TO ANTI-SHARIA PROVISIONS
Martin R. Kafafian

PAVING THE WAY FOR LEGALIZED SPORTS GAMBLING
Michael Muehle

THE IRISH STATE CASE, INTERROGATION TECHNIQUES AND THE GLOBAL WAR ON TERROR
Edward M. Neafsey

WHY PADILLA DOES NOT APPLY RETROACTIVELY IN NEW JERSEY: UNDERSTANDING THE “NEW RULE” FOR ADVISING NON-CITIZEN DEFENDANTS ABOUT THE DEPORTATION CONSEQUENCES OF PLEADING GUILTY — STATE V. GAITAN
Allison L. Eiselen

THE CONNECTION BETWEEN UNINTENTIONAL INTESTACY AND URBAN POVERTY
Reid Kress Weisbord

BOOK REVIEW – FRIENDLY FIRE – HENRY FRIENDLY: GREATEST JUDGE OF HIS ERA. BY DAVID M. DORSEN. CAMBRIDGE, MASS.: THE BELKNAP PRESS OF HARVARD UNIVERSITY PRESS, 2012. Pp. 498. $35.00
Reviewed by Jonah J. Horwitz

2011

DETRIMENTAL RELIANCE ON DETRIMENTAL RELIANCE: THE COURTS’ CONFLICTING STANDARDS FOR THE RETROACTIVE APPLICATION OF NEW IMMIGRATION LAWS TO PAST ACTS
Anjum Gupta

THE SUPREME COURT TO CLASS ACTION ARBITRATION: DROP DEAD
Arnold Shep Cohen