Rutgers Journal of Law & Public Policy


RJLPP REGION IN REVIEW BLOG

Welcome to the Rutgers Journal of Law & Public Policy's Region in Review blog covering regional legal issues. As one of the first law journals to provide online-exclusive commentary, the blog provides fresh and dynamic perspectives on the region's emerging questions of law and policy. We are always accepting contributions that focus on current, region-centric topics. If you are interested in contributing, please email rutgers.jlpp.blog@gmail.com. Submissions should be no longer than 3,000 words.  

-RJLPP Editorial Board

A Tour of the Second Amendment in the Third Circuit and Beyond

By: Aimee Blenner

September 23, 2014

The right to bear arms is guaranteed by the Second Amendment, but there are a plethora of differing opinions regarding how that right can be regulated. Various circuit courts have interpreted the scope of the Second Amendment very differently. Notably, the Third Circuit has evaluated and clarified the specific rights that the Second Amendment protects.

Setting the Bar in Cyberspace: How the FTC is Enforcing Standards That Protect Individuals Online

By: Sam Pellegrino

September 8, 2014

Cyber attacks are becoming more common and companies have lost substantial amounts of their consumers' finances as a result of poor security online. Without any congressional guidance there have been few successes in establishing a baseline standard of online security. The FTC has sought to fix this problem before, but can it be successful within the constraints of its own legislative intent? This past summer, a federal district court has answered in the affirmative. Although such a decision allows for consumers to have greater protection, it may also be the start of government intrusion into private businesses online.

Dealership or No Deal: New Jersey’s Ban on Direct Automobile Sales Prohibits Tesla from Selling Without Use of Dealerships

By: Carla Zappi

September 1, 2014

Earlier this year, the New Jersey Division of Motor Vehicles adopted a rule that prohibits Tesla Motor Company from legally selling cars in New Jersey. What are the overall implications to ending Tesla's ability to sell vehicles in N.J.? Specifically, are the continued protections of the law necessary when weighed against the plethora of benefits an exception for Tesla would allow? Notably, in June, the state assembly passed a bill that carves out an exception to the rule, but the bill must also be passed by the Senate and signed into law by the governor.

Does McNeely Provide Steely Protection Against Warrantless BAC Testing?

By: Bill Jeffers

August 18, 2014

Drunk driving is a serious offense and carries heavy penalties for those found guilty. Blood alcohol content (BAC) tests are an important piece of evidence in obtaining those convictions. What happens when motorists refuse to consent to testing and the test is administered anyway? How does this form of testing fit in with the protections provided by the Fourth Amendment and how is New Jersey dealing with it?

Legalize it? The Problems Marijuana Legislation Faces in New Jersey

By: Michael Mellon

July 25, 2014

Legalize marijuana? Some say it is a sin and others say it is saintly. This question is one of many polarizing political pop-culture discussions of the day. The debate has transformed into action in some states and New Jersey may follow suit. But is the State of New Jersey ready?

Is It Bootstrapping? ENDA Would Render the Query Obsolete

By: Laura Segal

June 19, 2014

Basic federal protections exist to protect against workplace discrimination for gender nonconformity, but federal protections against workplace discrimination due to sexual orientation are non-existent. Hence, defense attorneys invariably make the highly fact-sensitive argument that plaintiffs are really just "bootstrapping" a unrecognized claim. Good news: this oft-muddled issue will cease to exist if the Employment Non-Discrimination Act becomes law.

Volume 11, Issue 2: Current Issues in Public Policy

The Editorial Board is pleased to announce the publication of Volume 11, Issue 2 of the Rutgers Journal of Law & Public Policy. This issue includes the 2013 Rutgers Journal of Law and Public Policy Symposium: Veterans and Higher Education as well as the 2013 PILCOP Symposium on Equality Privatization: Looking Out For The Public Good.

Interested in a physical copy of volume eleven? Contact info@rutgerspolicyjournal.org.

-JLPP Editorial Board